To add to the pot.. if you're taking folks out diving, are they going to help with fuel or any costs for that matter? If that is the case then the state or coast guard or the federalies can look upon your operation as a charter service. Which can open a whole new can of worms. If you're absorbing all the costs, then its no big deal. It may not be a big deal regardless, but if SHTF, it may come up.
From the latest guidance on what is a passenger from the Coast Guard: (21a) '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.".
That means, if your brother-in-lay wants to buy your tank of gas, you may accept. If you tell your brother-in-law that he has to share gas, he is a passenger.
Here is the actual law from the US Code:
SEC. 506. PASSENGER FOR HIRE.
Section 2101 of title 46, United States Code, is amended by inserting between paragraphs (21) and (22) a new paragraph (21a) to read as follows:
"(21a) '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.".
DESCRIPTION - The determination of what constitutes the carriage of a "passenger for hire" must be made on a case by case basis. This determination is dependent upon the actual operation of a vessel and the flow of consideration as determined by the facts of each case. In general, there needs to be some form of tangible consideration or promise of performance being passed for a "passenger for hire" situation to exist.
SEC. 507. CONSIDERATION.
Section 2101 of title 46, United States Code, is amended by inserting between paragraphs (5) and (6) a new paragraph (5a) to read as follows:
"(5a) 'consideration' means 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.".
DESCRIPTION - Section 507 amends 46 U.S.C. 2101 by adding a definition of the term "consideration." Although this term was used in the prior definition of a "passenger," it was not previously defined by statute. Generally, some tangible amount of worth exchanged for carriage on a vessel such as payment, exchange of goods or a promise of performance is required. "Consideration" does not include a voluntary sharing of the actual expenses of a voyage. Additionally, employees or business clients that have not contributed for their carriage, and are carried for morale or entertainment purposes is not included as exchange of consideration.
---------- Post added September 16th, 2013 at 12:32 PM ----------
And even in TX, where one might be able to waive a spouses rights; the children are a separate and different case.
Correct. Florida, too.