Captain's Rights Underway?


#1

So I’m not new to the forum but Ive been mostly a browser of the plethora of information, which has gotten me through many things in the years Ive been climbing the ranks.

Back Drop: I’m a 23 captain, hawsepiping my way up the chain. Hopefully soon ill be testing for my 500NC. Spent many years charter and party boat fishing. I’m currently one of the captains on a 145’ Mini Supply. But enough of the boring, getting to the point.

Im trying to find the exact documentation explaining the rules/rights of a master and what actions he can take against disorderly passengers and/or crew members. It has been the same general statement passed on to me from the many of other captains ive worked with and under that " the master can take any action necessary to protect the safety of his vessel, passengers, crew, and himself."

I was recently put in a position where a new hand tried to go after the other captain aboard. Fortunitly my 6’3" 300lb engineer flexed a little muscle and he backed down.

Also, does anyone have any opinions/ideas on keeping handcuffs or personal protection items aboard.


#2

Government Printing Office

Select “United States Code” from the “Featured Collections” in the upper right hand side of the page. Choose “2009” as the year (Title 46 for 2010 has not been published yet).

You are looking for Title 46, Subtitle II, Part G, Chapter 115


#3

[QUOTE=SCarolinaCapt;54027]So I’m not new to the forum but Ive been mostly a browser of the plethora of information, which has gotten me through many things in the years Ive been climbing the ranks.

Back Drop: I’m a 23 captain, hawsepiping my way up the chain. Hopefully soon ill be testing for my 500NC. Spent many years charter and party boat fishing. I’m currently one of the captains on a 145’ Mini Supply. But enough of the boring, getting to the point.

Im trying to find the exact documentation explaining the rules/rights of a master and what actions he can take against disorderly passengers and/or crew members. It has been the same general statement passed on to me from the many of other captains ive worked with and under that " the master can take any action necessary to protect the safety of his vessel, passengers, crew, and himself."

I was recently put in a position where a new hand tried to go after the other captain aboard. Fortunitly my 6’3" 300lb engineer flexed a little muscle and he backed down.

Also, does anyone have any opinions/ideas on keeping handcuffs or personal protection items aboard.[/QUOTE]

If you are working save up a few hundred dollars and go see a maritime attorney. I respect this forum and have been party to many discussions but I would not risk my freedom or license based on advice from an anonymous post.


#4

I work on a passenger ferry in AK and we often have drunk passengers that become a danger to the ship, crew and other passengers, sometimes you can talk some sense in to them but sometimes you have to cuff them if you do keep in mind they are in the captains custody so it’s a good idea if you do take them in to custody to post a guard on them at all times.


#5

[QUOTE=Ianmmd;57328]I work on a passenger ferry in AK and we often have drunk passengers that become a danger to the ship, crew and other passengers, sometimes you can talk some sense in to them but sometimes you have to cuff them if you do keep in mind they are in the captains custody so it’s a good idea if you do take them in to custody to post a guard on them at all times.[/QUOTE]
Man what goes on up there? When I worked on the Mal they had to hand cuff some whacked out dude when he came into the ER and refused to leave.


#6

Dear Cal -

The simple answer is you may use reasonable force to subdue the person be they a crew member, passenger, stowaway, or otherwise a trespasser. Once incarcerated, you must take care of them reasonable such as food & potable water. As to carrying weapons, you are permitted to keep weapons on board a vessel that you own. As to a crew member bringing a gun on board for “personal protection”, I would advise against that as it can end up in a very unwanted result.

Steve