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BVI Diver!

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I'm a diver first fisherman second. I just bought my first dive boat/fishing boat. New Proline 22' Walk Aboard with Yamaha 150 4 stroke. I dive out of laguna and Newport Beach. Catalina is going to be 90 minutes away :11ztongue The boat is getting outfitted with electronics in the next few days. I'm stoked to have the boat, but more excited about the new dive locations I can get to. :wink:

I have a question for other boat ownwers.........................

My friend is a Dive Master with lots of friends. My boat will hold four comfortably with gear. We are set to go out in a few days. He wants to invite two of his buddy's to go along. He stated they would pay me for gas and some extra for letting them come. When I take guests on my boat, do I assume any liability for those divers? Can some of you fellow boat owners share some thoughts on this topic. I'm not running a dive boat or business so am I exempt from any liability. I know that nobody is exempt in today's lawyer infested climate, but what or how should I approach this issue?
 
A couple of things can get you into trouble if you’re not careful.

You can’t charge for taking them out, period. Now when you fuel the boat they can offer to help pay for that which is acceptable but you can’t charge them for it. Just in how it’s worded can make the difference.

In today’s society you can get sued for flood damage for peeing in a park so watch who you take out.

Gary D.
 
According to the law, if you ask for gas money or even mention it to a passanger, you can be considered a commercial charter. I had a 22 footer as well, and for several years I invited my friends to enjoy the world of diving with me, free of charge. The last couple of years of the boat's life repair and maintenance skyrocketed. The buddies I had at the end always insisted on giving me $20 or so. I always felt guilty taking it. After all, I was inviting them along, but if it weren't for the monetary help, I would have made a lot fewer trips.
As far as liability, I'm not sure how the law works for a private boat. I would call your insurance company and see if passangers are covered by your policy. I suppose you could require waivers, but I liked to keep my boat as a way to take friends with me to share the fun. Be sure to show them where the lifejackets, flares, radio and first aid kit are stored. It also helps to have another onboard who can operate the boat in case of an emergency, or just to give you a break. A few extra items that you may not have purchaced yet would include a large dive flag, Sunshower and an emergency O2 kit. Most importantly though is to get Vessel Assist! Towing charges easily run as much as $500-1,000 from Catalina without it. I had the Captain's card(I think that's what it was called) so I could be towed from as far out as 100 miles and back to any repair facility, boat launch or my slip. Around $100 per year, best insurance policy you can get.
 
I would think you would want liability insurance (ala boatUS) no matter what. It has nothing to do with diving per se, but really with owning the boat. Should someone get hurt, you need to be covered. Just my thoughts. I don't own a boat, but have friends with boats.

Congrats on the new boat. Enjoy it.
 
Congratulations on the boat, you lucky dog. I just wanted to add another word of caution: Make sure whoever is own the boat knows how to operate it! I can't count the number of fatalities from the DAN site because of:

- Noone left on the boat at all to help in an emergency or pick up drifting divers.
- Someone left on the boat but has no clue how to turn it on or drive it, divers drown as he/she drifts off into the distance.
- You're alone and something happens to the boat while you're out diving.
- The person on board can drive a boat fine but has no idea how to call/radio for help.


There are so many things to watch out for so take these extra precautions.
 
The only way you are going to get stuck as a "private charter" is if you are getting paid for your services... if the people on your boat "chip in" for gas, thats like asking for gas money to go to vegas....
As for liability, that is something that I cant really speak on, but the only way I can see you being held liable would be if someone got injured ON your boat, or if you ACCIDENTALLY left someone :wink: ....Course with only 4 people on the boat I find it impossible to believe that could ever happen....
 
MaxBottomtime:
Be sure to show them where the lifejackets, flares, radio and first aid kit are stored. It also helps to have another onboard who can operate the boat in case of an emergency, or just to give you a break. A few extra items that you may not have purchaced yet would include a large dive flag, Sunshower and an emergency O2 kit.
If you DONT have these things I HIGHLY suggest you run out and get them... life jackets are MANDATORY... 1 per person on the boat... I work as a harbor police officer and I couldnt tell you how many people get ticketed by orange county sheriffs for violating that law.... (probably close to the number of people who dont renew their vehicle registrations haha)
 
Do you work out of Newport beach or Huntington bch. I'm a station 43 motor. Small world. Thanks for the tips. I due have all the proper Emergencey Equipment.
 
BVI Diver!:
Do you work out of Newport beach or Huntington bch. I'm a station 43 motor. Small world. Thanks for the tips. I due have all the proper Emergencey Equipment.
Actually out of Seal Beach - (anaheim Bay)
 
First things first... your friend oversteped his boundaries by inviting people along without your consent. I also have a boat that I take people on when I go diving... I don't worry about liability (it's takes the fun out of the dive) BUT I never invite people that I haven't dove with before. If I get even the slightest hint that the guy/gal is incompetent in ANY way, forget coming on MY boat.

Basically - it's a risk you take.
 

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