Do Six-Pack Charter Rules Apply to a ‘Boat and Breakfast’ Operation?

3 Responses

1. Thank you for your advise regarding the Bed and Breakfast laws. It seems that you are stating that a Captain must be on board during the use of a vessel on a mooring or dock. I am certain that that is opposite of requirements, in that one is allowed to “rent” a vessel. Under the circumstance of a rental, whether the vessel in under way or moored, there is no six person maximum requirement for un-inspected vessels. This is true so long as the Captain and or owner is “NOT” on board. With a “rental” there are fewer limitations, not more. A rental is also known as a bare boat charter (no captain, owner or crew). Please correct me if I am wrong. I’m not an attorney.

   1. I love it when a reader starts a discussion by saying that they are “certain” that I am wrong, and then they follow up by saying they are not an attorney and ask me to correct them. So with that in mind, let’s take a look at this. First, a boat “rental” is not actually a thing. The legal term is a “charter,” and there are three types of charters. A “time charter,” which is for a set period of time, a “voyage charter,” which is for a specific voyage, and a bareboat, or demise charter, under which the boat is turned over to the charterer as the temporary owner of the boat. Time and voyage charters are similar. The owner (or owner’s representative or captain) maintains control of the vessel at all times, is responsible for all operating costs, selects the captain and crew and commands the vessel, and the captain needs to be licensed by the Coast Guard. A “bareboat charter” is different, and you have stated a partially accurate explanation of a bareboat charter. With a bareboat charter, the charterer, or customer, selects the captain and crew, pays all operating expenses, and for most purposes acts as the owner of the vessel during the term of the charter. The owner (and owner’s insurance company) may require a licensed captain to be aboard, but the owner cannot require a SPECIFIC captain. The captain MAY be the charterer, if that person is qualified. The selection of the captain usually comes down to the requirements of the insurance company, who must approve the captain under the terms of most marine insurance policies. Note that none of this has anything to do with whether the boat is tied to the dock or underway. The requirements are the same. So, getting back to your original question: (1) There is technically no legal definition or arrangement known as a boat “rental;” (2) A bareboat charter arrangement may allow a boat to operate in a “bed & breakfast” arrangement without a licensed captain aboard if the charterer is free to select the captain and crew without input from the owner and if the captain is approved by the insurance company as a boat operator; and (3) The rules are the same regardless of whether the boat is underway or tied to the dock.

      Hope that’s helpful.

2. Off topic, but can a captain on a list to do bareboats also do 6 packs on that same boat?