I am trying to get some advice on where the line in drawn between passenger and crew [B]member[/B]…
Also, I am trying to find out if a licensed operator is necessary when all persons on board are employees of the same company and are engaged in ‘the business of that vessel’…
Please read the examples scenarios below. Thanks for the input in advance.
99 ton uninspected passenger vessel/workboat (6 pax)
There are no “passengers for hire” on board.
There is a licensed operator and deckhand operating the vessel.
In addition, to the Capt. and deckhand, there are 8 marine construction workers that are employees of the company that owns the above vessel.
Would the 8 construction workers be considered ‘crew members’ or ‘passengers’? Reading from the definition of “passenger” below, the construction workers are engaged in the 'business of that vessel"…and could be considered crew members? Any one have any experience with the USCG interpretation of this?
Do the dynamics change in this scenario if we add a client into the mix that is a ‘passenger for hire’?
25’ Trailer boat (UPV-6 pax)
6 employees (all from the same company) are on board
There are no ‘passengers for hire’
The six employees go out for the day to do a survey. This is all in house and the employees are all paid their normal wage by the company for this work.
Would anyone be required to have a license on board? Any input on this scenario? How do the employees shake out as far as passenger vs. crew member?
Passenger - Any person on a vessel, other than the owner or an individual representative of the owner or in the caseof vessel under charter, an individual charterer or individual representative of the charterer, master and the membersof the crew, or other any other person employed or engaged in any capacity on board a vessel in the business of thatvessel[I]. 46 USC 2101 (21) and 46 CFR 24.10-1.[/I]
Note: All persons on board are crewmembers, passengers, or National Marine Fisheries Service official observers.
THERE ARE NO GUESTS OR “OTHER” OBSERVERS.
Passenger for Hire - Passenger for whom a consideration is contributed as a condition of carriage whether directlyor indirectly flowing to the owner, charterer, operator, agent, or any other person interested in the vessel is apassenger for hire. [I]46 USC 2101 (21a)
Title 33 CFR 160.204, definitions for crewmember and persons in addition tocrewmembers:
As used in this subpart:
Crewmember means all persons carried on board the vessel to provide navigationand maintenance of the vessel, its machinery, systems, and arrangementsessential for propulsion and safe navigation or to provide services for otherpersons on board.