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Friday, October 09, 2015
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Ask a Maritime Attorney

Rules of the Road: Part III

David Weil, Esq.  |  posted: 9/25/2015

What are the right of way rules for standup paddle boards and kayaks encountering power boats and boats under sail? I always thought that a row boat had right of way over both sail and power. Are SUPs and kayaks considered to be the same as rowboats?

Mind the Rules of the Road

David Weil, Esq.  |  posted: 9/11/2015

What does it take for a sailboat to be considered a “power driven vessel?” I am an active participant in a sailboat owners’ forum and this question is presented and argued over from time to time but we have never reached a conclusion. We are particularly interested in a scenario where a boat is under sail with engine running but not in gear, which may be the case for a boat that is charging its batteries. If a sailboat with the engine running and with the transmission in neutral is considered a sailing vessel rather than a power driven vessel, what would prevent the operator of a sailboat from shifting in and out of gear whenever the skipper wanted to claim right of way over a power driven vessel?

Rules of the Road apply to commercial, recreational vessels

David Weil, Esq.  |  posted: 8/30/2015

My wife and I own boat that we keep at a marina in San Pedro. We are in the middle of a large port and, as such, we seem to encounter commercial traffic whenever we take the boat out. I usually operate under the policy of “tonnage rules” and try to stay out of the way of all commercial traffic, but I’m sure the actual Rules of the Road are a little more complicated. Can you shed some light on the formal rules for operating a recreational boat in an area with heavy commercial maritime traffic?

Is a ‘notice’ of a lien really a maritime lien?

David Weil, Esq.  |  posted: 8/14/2015

I own a commercial vessel that I operate from a harbor in Southern California. I was recently notified that a company that worked on the boat over 10 years ago filed a notice of claim of lien with the Coast Guard. I did some research and discovered that a maritime lien expires after three years pursuant to a federal statute. Is the company’s claim valid?

Who is responsible when anchored boats collide?

David Weil, Esq.  |  posted: 8/1/2015

Rules to follow for every boat transaction

David Weil, Esq.  |  posted: 7/17/2015

My 35-foot motoryacht has been listed for sale for almost a year and I finally have a solid offer. Unfortunately the buyer cannot qualify for conventional financing and he has asked me to loan him the funds for a year, at which time he expects to be able to pay off the purchase. My yacht broker has offered to hold my signed bill of sale in trust pending the payoff of the loan by the buyer, but this seems pretty informal. How should we structure this type of transaction?

If the captain has a stroke, does the Coast Guard need to know?

David Weil, Esq.  |  posted: 7/6/2015

I own a large motoryacht and I employ a licensed captain to operate and manage the boat. The captain has a number of medical restrictions on his license, and he recently had a stroke. Can you give me some idea how this will affect his license? And, if he doesn’t report the stroke to the Coast Guard, should I as the vessel owner make a report?

Rules for operation of a vessel by a dealer, manufacturer

David Weil, Esq.  |  posted: 6/20/2015

I am working with a partner to market a line of new boats that we are manufacturing in the United States. I recently took delivery of a “demo” boat here in California, and we are using the boat as a platform to introduce potential customers to our boats. We did not want to title the boat while we are offering the boat for sale, so we obtained a manufacturer’s registration number from the California DMV and we display the number on a portable registration board mounted on the bow. I thought I was following the rules perfectly but we were recently boarded by a harbor patrol officer during a weekend cruise, and we were cited for operating an unregistered vessel.  He told us that the manufacturer’s number was not appropriate for our use of the boat but he did not provide any details. What did I do wrong? 

Can I withhold slip fees during a dispute with my marina?

David Weil, Esq.  |  posted: 6/8/2015

My boat was damaged in its slip during a storm last winter, when a cleat pulled out of the dock and my remaining tie up line parted under the resulting strain. Several months before the storm, I advised the marina manager that the dock cleat was loose and I was concerned that it might pull out of the dock in bad weather. I continued to complain, but he never sent anyone down to repair it. After the storm, I asked the marina to repair my boat, but so far they have refused. I decided, therefore, to withhold my slip fee payments, but now they are threatening to evict me. I have heard that the California Floating Home Residency Law may protect me from this kind of intimidation by the marina, since I live aboard my boat. What are my options?

What are the requirements for running a spectator boat?

David Weil, Esq.  |  posted: 5/23/2015

I volunteer my boat every year as a spectator boat for an annual fund raising regatta run by a large charity. I will typically have five or six guests aboard, plus a volunteer from the foundation who acts as a steward for the guests and a friend who acts as my crew. I don’t receive any money for my participation, but we are invited to a banquet the night before, receive lunch before the race and attend the hosted party afterwards. We had a small incident last year and, while no one was hurt, the incident raised a few questions. First, would the volunteer spectator boats for this event be considered to be carrying passengers for hire, for which a Coast Guard licensed captain should be running each of the spectator boats? If so, would the spectator boats need to be inspected by the Coast Guard? And finally, regardless of the Coast Guard requirements, should we look into a special insurance policy for the event or perhaps ask the guests to sign a liability release before boarding the spectator boats?

Does my marine insurance policy cover earthquake damage?

David Weil, Esq.  |  posted: 5/10/2015

I just renewed my homeowner's insurance policy and it reminded me that I have never seen an earthquake insurance policy offered for a boat. I know that homeowners have to take out separate earthquake policies through the California Earthquake Authority to get coverage. Are boat owners eligible for anything similar? If my boat suffers damage during an earthquake — whether it's in dry storage, on a trailer at home or tied to a dock at a crowded marina — will my marine insurance policy cover it?

What kind of Coast Guard license do I need?

By David Weil, Esq.  |  posted: 4/11/2015

I am interested in starting a charter business with a small boat on Lake Havasu, and I have a few questions about licensing. I have been told that I will need to get a Coast Guard license and have my boat inspected by the Coast Guard to carry passengers for hire. However, a friend of mine operates a passenger boat on Lake Shasta and he tells me that the Coast Guard has no jurisdiction on a lake, unless the lake is accessible by a boat from the ocean. What exactly are the rules for carrying passengers for hire on a lake?

A focus on liveaboard rights

David Weil, Esq.  |  posted: 3/30/2015

I had the surprise of my life a few nights ago when two United States Marshals boarded my boat while it was in its slip and instructed me to leave. They handed me some paperwork and told me that I had 5 minutes to gather my belongings and get off the boat. I told them that I lived aboard the boat but they ignored that fact and repeated their demand for me to get off the boat. Then a Vessel Assist boat arrived and towed my boat away. The paperwork included a complaint that was filed in federal court by my former business partner, claiming that I had defaulted on a loan that had been secured by a mortgage on the boat. I was in fact a couple of months past due on the loan but I never expected to be tossed out of my home in the middle of the night with no warning. What are my rights in a case like this?

Can I use a foreign-built boat in a charter fishing business?

Can I use a foreign-built boat in a charter fishing business?

David Weil, Esq.  |  posted: 3/18/2015

I own a foreign-built motor yacht that I would like to use in a charter fishing business, and I have a few questions about some of the legal issues I will face. I understand that federal law currently requires a charter boat to be built in the United States, but I read a news report that Congress is considering a repeal of that law. Is this correct? If the restriction is still in effect, would it apply to a “six-pack” charter? Also, I have heard that commercial fishing boats are subject to the same regulations but that Canadian boats routinely participate in commercial fishing in California. Do commercial fishing boats qualify for an exception to the law?

Distinguishing Authority

David Weil, Esq.  |  posted: 3/4/2015

Last summer, I participated in a vessel safety check conducted by members of the Coast Guard Auxiliary. The men who conducted the inspection were very professional — in fact I was surprised by their very businesslike and “no-nonsense” approach to the whole process. I was also surprised by their uniforms, which appeared to be the same as those that are worn by active duty Coast Guard personnel. I had always assumed that the Auxiliary was a civilian organization comprised of local boating volunteers. Is this right? What exactly is the Coast Guard Auxiliary? Is it a reserve arm of the Coast Guard? What is their legal authority?

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