Illegal Charter Boats Clog S. Florida Waterways
March 18, 1991|By MONICA RHOR, Miami Bureau
On any given day, South Florida waters are filled with illegal charter boats operating with inadequate lifesaving equipment, faulty fire controls and unlicensed crews.
In most cases, the passengers on board are unaware of the danger, assuming the boats have passed inspection. That is because the illegal operators run their businesses in the open, often advertising and sending out flyers.
``We know they`re out there. I`ve personally gone out and randomly boarded sailboats in Fort Lauderdale and found 12 in one day,`` said Lt. Keith Ward, senior investigating officer with the U.S. Coast Guard in Miami.
But, Ward said, the Coast Guard does not have the staff to crack down on the illegal practice. There are only two investigators from Melbourne to Key West, and they enforce all Coast Guard rules, not just those pertaining to charter boats.
The Coast Guard catches only about 12 violators a year -- a fraction of the number suspected to be operating.
``It`s a big problem, especially where there`s a large concentration of yachts, such as Fort Lauderdale and Miami,`` agreed Eric Scharf, executive director of the National Association of Passenger Vessel Owners, which represents 350 charter boat owners. ``There have been cases where boats have gone down, and there`s been loss of life.``
--In August, in Seattle, the Mallory Todd, an uninspected sailboat, became stuck in reverse while backing out of a slip. It crashed into another vessel. A passenger was seriously injured. The operator was charged with operating without a certificate of inspection and carrying more passengers than allowed.
--On Sept. 15, 1988, four people were killed when the 46-foot Cougar sank off the Oregon coast. The fishing boat was operating as an uninspected vessel and did not have lights on its life jackets to help searchers find survivors.
So far, South Florida has been spared any such accidents, but Ward warns ``that`s just a matter of time.``
There are about 250 Coast Guard-certified charter boats operating in South Florida. These boats, defined as vessels less than 100 gross tons carrying more than six passengers, are built to strict Coast Guard specifications, must pass regular inspections at least once a year and are operated by licensed crews.
The regulations specify every aspect of boat construction and equipment, including the type of material used, the size of deck railing, life floats, watertight containers for flares and emergency lighting.
The Coast Guard rules were first passed after the 1956 sinking of the Captain Jack in the Chesapeake Bay, which left more than 100 people dead.
But illegal operators take advantage of a loophole in the law that allows uninspected boats to be rented out as ``bareboat charters.``
Under the provision, the owner transfers temporary ownership of the vessel to the charterer; thus, the boat is operating as a private vessel. No more than six paying passengers can be on board.
However, some operators pretend that they are bareboat charters to bypass the inspection requirements, Ward said. In reality, they are operating illegally.
``Passengers don`t have the same protection on (uninspected) boats,`` Ward said, pointing to incidents where unlicensed crews ran boats aground or did not know how to treat medical emergencies.
A 1989 Coast Guard report points out: ``There have been even cases of total vessel losses due to the inadequacy of the vessel and/or operator error while under a purported bareboat charter.``
Legitimate operators are outraged by illegal charters, saying they not only endanger the public but give a black eye to the entire industry.
``The rules are there. We all have to follow them,`` said Jerry Gertz, president of Marine Hospitality Corp. in Fort Lauderdale, which operates Anticipation charters.
The ``renegade`` operators have an unfair financial advantage, Gertz said. It can cost thousands of dollars to outfit a boat to meet Coast Guard requirements -- an expense illegal charters do not have.
If an illicit charter is discovered, the owner, captain or agent faces stiff fines, Ward said. The captain could also have his licensed revoked.
Still, Gertz points out, for each renegade caught, ``new ones crop up all the time.``
TIPS
How to charter a safe boat:
--Look for the sticker labeling the boat as inspected by the U.S. Coast Guard. It should be posted in clear view on the pilot window.
--Ask to see the Coast Guard certificate of inspection. It should be posted in a glass frame.
--Ask where the boat is documented. All Coast Guard-inspected boats must be U.S.-flagged. If the boat is foreign-flagged, it is not certified.
--If you are considering a bareboat charter, make sure the contract is legally valid. If necessary, ask a lawyer to review the terms.
--Under a legitimate bareboat charter, the owner transfers control of the vessel to the charterer. The customer is responsible for hiring a crew, outfitting the boat and making sure it complies with regulations.
SOURCE: U.S. Coast Guard and National Association of Passenger Vessel Owners
March 18, 1991|By MONICA RHOR, Miami Bureau
On any given day, South Florida waters are filled with illegal charter boats operating with inadequate lifesaving equipment, faulty fire controls and unlicensed crews.
In most cases, the passengers on board are unaware of the danger, assuming the boats have passed inspection. That is because the illegal operators run their businesses in the open, often advertising and sending out flyers.
``We know they`re out there. I`ve personally gone out and randomly boarded sailboats in Fort Lauderdale and found 12 in one day,`` said Lt. Keith Ward, senior investigating officer with the U.S. Coast Guard in Miami.
But, Ward said, the Coast Guard does not have the staff to crack down on the illegal practice. There are only two investigators from Melbourne to Key West, and they enforce all Coast Guard rules, not just those pertaining to charter boats.
The Coast Guard catches only about 12 violators a year -- a fraction of the number suspected to be operating.
``It`s a big problem, especially where there`s a large concentration of yachts, such as Fort Lauderdale and Miami,`` agreed Eric Scharf, executive director of the National Association of Passenger Vessel Owners, which represents 350 charter boat owners. ``There have been cases where boats have gone down, and there`s been loss of life.``
--In August, in Seattle, the Mallory Todd, an uninspected sailboat, became stuck in reverse while backing out of a slip. It crashed into another vessel. A passenger was seriously injured. The operator was charged with operating without a certificate of inspection and carrying more passengers than allowed.
--On Sept. 15, 1988, four people were killed when the 46-foot Cougar sank off the Oregon coast. The fishing boat was operating as an uninspected vessel and did not have lights on its life jackets to help searchers find survivors.
So far, South Florida has been spared any such accidents, but Ward warns ``that`s just a matter of time.``
There are about 250 Coast Guard-certified charter boats operating in South Florida. These boats, defined as vessels less than 100 gross tons carrying more than six passengers, are built to strict Coast Guard specifications, must pass regular inspections at least once a year and are operated by licensed crews.
The regulations specify every aspect of boat construction and equipment, including the type of material used, the size of deck railing, life floats, watertight containers for flares and emergency lighting.
The Coast Guard rules were first passed after the 1956 sinking of the Captain Jack in the Chesapeake Bay, which left more than 100 people dead.
But illegal operators take advantage of a loophole in the law that allows uninspected boats to be rented out as ``bareboat charters.``
Under the provision, the owner transfers temporary ownership of the vessel to the charterer; thus, the boat is operating as a private vessel. No more than six paying passengers can be on board.
However, some operators pretend that they are bareboat charters to bypass the inspection requirements, Ward said. In reality, they are operating illegally.
``Passengers don`t have the same protection on (uninspected) boats,`` Ward said, pointing to incidents where unlicensed crews ran boats aground or did not know how to treat medical emergencies.
A 1989 Coast Guard report points out: ``There have been even cases of total vessel losses due to the inadequacy of the vessel and/or operator error while under a purported bareboat charter.``
Legitimate operators are outraged by illegal charters, saying they not only endanger the public but give a black eye to the entire industry.
``The rules are there. We all have to follow them,`` said Jerry Gertz, president of Marine Hospitality Corp. in Fort Lauderdale, which operates Anticipation charters.
The ``renegade`` operators have an unfair financial advantage, Gertz said. It can cost thousands of dollars to outfit a boat to meet Coast Guard requirements -- an expense illegal charters do not have.
If an illicit charter is discovered, the owner, captain or agent faces stiff fines, Ward said. The captain could also have his licensed revoked.
Still, Gertz points out, for each renegade caught, ``new ones crop up all the time.``
TIPS
How to charter a safe boat:
--Look for the sticker labeling the boat as inspected by the U.S. Coast Guard. It should be posted in clear view on the pilot window.
--Ask to see the Coast Guard certificate of inspection. It should be posted in a glass frame.
--Ask where the boat is documented. All Coast Guard-inspected boats must be U.S.-flagged. If the boat is foreign-flagged, it is not certified.
--If you are considering a bareboat charter, make sure the contract is legally valid. If necessary, ask a lawyer to review the terms.
--Under a legitimate bareboat charter, the owner transfers control of the vessel to the charterer. The customer is responsible for hiring a crew, outfitting the boat and making sure it complies with regulations.
SOURCE: U.S. Coast Guard and National Association of Passenger Vessel Owners