Boat Operator Certification Committee April 2016
Overview This presentation provides information on U. S. Coast Guard licensing as it relates to USPS On the Water Training programs. It answers many of the common questions received by the Boat Operator Certification Committee, and shows you how to avoid potential problems related to licensing. All USPS On the Water Training Programs can be taught without a Coast Guard license if you follow the procedures outlined here. 4/10/2016 Boat Operator Certification Committee 2
When is a USCG License Required? You need a license to operate a small passenger vessel when both of these conditions exist: 1. The boat is carrying passengers for hire 2. The vessel is being operated in navigable waters under USCG jurisdiction The USCG is the only organization that can enforce the licensing requirements. 4/10/2016 Boat Operator Certification Committee 3
What is a Passenger for Hire? Passenger for Hire means a passenger for whom consideration is contributed as a condition of carriage on the vessel, whether directly or indirectly flowing to the owner, charterer, operator, agent, or any other person having an interest in the vessel. = 4/10/2016 Boat Operator Certification Committee 4
What are Navigable Waters? Generally, navigable waters are defined as those waters that are subject to the ebb and flow of tide, plus any other waters that might possibly be used for interstate or foreign commerce. The USCG is responsible for determining which waters are considered navigable. To determine if a specific body of water is under USCG jurisdiction, contact the nearest Coast Guard Sector Office 4/10/2016 Boat Operator Certification Committee 5
How do I Avoid Needing a License? You do not need a license if any one of the following conditions exists: You are teaching on waters not under USCG jurisdiction You do not charge the student a fee as a condition of going on the water You are teaching on a boat that is owned by one of the students 4/10/2016 Boat Operator Certification Committee 6
One More Way to Avoid Licensing One additional way to avoid licensing requirements is to contact the Recreational Boating Safety Officer in you Coast Guard District. If you explain you intend to teach on the water training for USPS and provide details on the event, they may grant you permission to conduct the training. 4/10/2016 Boat Operator Certification Committee 7
How does this affect the USPS On the Water training programs? 4/10/2016 Boat Operator Certification Committee 8
Practical On the Water Training Under new operating rules, squadrons can teach POTW for free to dues paying USPS members. The BOC Committee will reimburse squadrons for their training expenses. This has several benefits: There is no fee to the student, so no license is required Squadrons benefit from increased member dues Squadrons can use POTW as a valuable recruiting tool See the BOC web page for further details. Instructors holding a USCG license or teaching outside USCG jurisdiction may continue teaching to the public and charging a fee for the course. 4/10/2016 Boat Operator Certification Committee 9
On the Water Guides Teaching with the On the Water guides is typically done in conjunction with classroom courses or seminars. To avoid any licensing requirement, follow these rules: Do not charge the students a fee for going on the water If a fee is charged for the course or seminar, do not make the course a pre requisite for going on the water. In other words, allow non students to participate if they ask. Allow non students to participate in your On the Water Guide training. It s a great way to recruit students. 4/10/2016 Boat Operator Certification Committee 10
Boat Operator Certification With the Boat Operator Certification program, USPS members are charged a fee for each level of certification. This fee covers insurance, administration, and training for certifiers. No fee is charged for on the water skill tests. Tests may be given without a certification fee. There is no passenger for hire, so no license is required. 4/10/2016 Boat Operator Certification Committee 11
Can I Share Expenses? Yes, you are allowed to share expenses with passengers without creating a passenger for hire condition. This must be a voluntary sharing of the actual expenses of the voyage by monetary contribution or donation of food, fuel, beverage, or other supplies. 4/10/2016 Boat Operator Certification Committee 12
A Final Note The regulations around USCG licensing are complex, and each Coast Guard district may interpret the rules differently. It is unlikely the rules will be changed anytime in the near future. The US Coast Guard is a strong supporter of our on thewater training programs. These were originally developed under USCG grants, and we have not had an incident involving USCG licensing since we began onthe water training. 4/10/2016 Boat Operator Certification Committee 13
For Further Information Information on the USCG Passenger Vessel Safety Program: http://www.uscg.mil/pvs/upv.asp The USCG Chartering Operations Brochure: http://www.uscg.mil/d7/sectmiami/pdf/charterbroch ure.pdf USCG District information: http://www.uscg.mil/top/units/ 4/10/2016 Boat Operator Certification Committee 14