This is the first lesson in a series of many over the next eight weeks....modest quiz questions later this week.......
What is an Uninspected Passenger Vessel?
The general rule of thumb is that any motorized vessel which carries passengers for hire and that carries six (6) or less passengers is an Uninspected Passenger Vessel (UPV). Examples include fishing or hunting charters, guide services, sight seeing tours, dive boats, water taxis, etc. While not inspected by the USCG, UPVs are expected to be in compliance with all applicable safety laws and regulations and are required to be operated by a Coast Guard licensed operator. Such rules and regulations are contained in the Code of Federal Regulations (CFR) Title 46 Subchapter C, Parts 25 – 28. All vessels authorized to carry more than six (6) passengers require an operator with an appropriate Master’s license and required to be inspected by the USCG Marine Safety Office and shall have a Certificate of Inspection (COI) posted onboard.
What is a Passenger?
Federal law defines passenger as an individual carried on the vessel except:
1. The owner or an individual representative of the owner or in case of a vessel under charter, an individual charterer or individual representative of the charter;
2. The vessel’s operator or master; or
3. A member of the crew who is engaged in the business of the vessel who has not contributed consideration for carriage and who is paid for onboard services.
With the above exceptions notes, under United States federal law, a passenger for hire is defined as: "A passenger for whom consideration is contributed as a condition of carriage on the vessel, whether directly or indirectly flowing to the owner, operator, agent, or any other person having an interest in the vessel."The law further defines consideration as: "An economic benefit, inducement, right, or profit including pecuniary payment accruing to an individual, person, or entity, but not including a voluntary sharing of the actual expenses of the voyage, by monetary contribution or donation of fuel, food, beverage, or other supplies.”