In our modern ride-sharing society, there may be some risk to just hopping on anyone’s boat. When someone books a boat or captain 
through a boat-sharing app or company, they are probably doing so under the expectation that the captain is properly trained and that the vessel is complying with all safety regulations. However, this may not always be the case. It’s important that tourists and locals alike are aware of the safety requirements when out on the sea in order to ensure your rented boat and hired captain are safe for you and your family.
Captain Safety
Believe it or not, you do not need a license to operate a private boat in South Florida. When hiring a captain, the first thing to do is to make sure that the captain is fully licensed and trained according to the standards of the U.S. Coast Guard. He or she must have documentation that proves he or she has an up-to-date license, which means that they have at least 360 days of boating experience. They must also have a passing score on a written exam, as well as passed background and drug tests. If there are more than six individuals on the boat, then there are additional requirements including an annual vessel inspection. Licenses should be renewed every five years and the captain and crew must submit to random drug tests in order to be compliant with the safety standards of the Coast Guard.
If your boat captain does not have a proper captain’s license or is not willing to prove it, it may be wise not to take your chances with someone who may not be completely compliant with safety and legal regulations on the water. Just because someone is a boat owner, does not mean that he or she is a licensed captain.
Vessel Safety
All boats must have life jackets for everyone on board, fire extinguishers, and distress signals. If any of these items are missing, it is best not to board the vessel. If the vessel looks unsafe, use your best judgment in determining if it is worth your personal safety to leave the dock. The captain should be willing to show you the safety gear available on the boat.
Boat-Share Apps and Illegal Charter Boats
There are increasingly more boat-share apps that allow boat owners to “rent” their vessels to others much in the same way that we use Uber or Lyft on land. Especially in South Florida, going out on a yacht for the day can be an Instagrammers dream! But it is very important that safety be the top priority over glamorous photo shoots.
Check the terms and conditions for these sites before you blindly rent a boat. Some of the terms for sites such as Boatsetter and GetMyBoat say that they cannot attest to the accuracy of each listing and it is up to members to ensure safety compliance. If you are unsure of your ability to drive a boat, it is best not to rent one on your own and put your life and the lives of others at risk.
In the event that an unlicensed captain or unregulated vessel causes serious injury or death to a passenger on the boat, the captain or owner may be held liable for the harm. If you have been injured in a boating accident due to the negligence of another, it’s important to contact a personal injury attorney who can help evaluate your case. Contact us at 305-662-6178 for a free initial consultation.
References:
Shammas, B. (2019, February 06). Miami Party Boats Can Be Lethal. Retrieved from https://miaminewtimes.com/news/monument-island-accident-shows-miami-party-boats-can-be-lethal-11073234
