Recently there have been multiple questions on our Facebook Group about rental vessels from individuals, offering your boat on a 3rd party site and hiring drivers. Lake Martin Boaters requested an official response from the Alabama Law Enforcement Agency so we all know the law, requirements and liability. It is important to me that we have the correct information from the source. Please note the last paragraph, if you offer your boat for rent through a third party website you still must meet all the requirements of a livery vessel in Alabama.
Here is the official response from Alabama Law Enforcement Agency, Marine Patrol. Thank you ALEA for taking the time to answer all these questions.
Here is the information regarding the practice of hiring a “Captain”:
1. If a boat owner wants to hire a “Captain” to drive a vessel owned by the boat owner, then only state law applies unless the boat itself is a livery vessel. The hired “Captain” would be bound by all applicable state laws as would the owner, who would be giving the “Captain” permission to operate his vessel. It is extremely important to know that hiring someone to drive your boat doesn’t relieve you of responsibility, either civilly or criminally. It extends your responsibility to ensure that the vessel is operated safely and lawfully to the operator you hire and his actions as well.
2. If an individual wants to offer his vessel for rent with himself as the “Captain”, then that individual would need the applicable required U.S. Coast Guard Operator of Uninspected Passengers License, more commonly referred to as a “6-Pack License”, which is required of anyone who operates a livery or commercial vessel and carries up to 6 passengers. The word “uninspected” means that the equipment required and the design of the boat are less regulated. These licenses are issued for a particular route. A Master License is required of any operator of an Inspected vessel, which are allowed to carry more than 6 passengers. Inspected vessels must be built in accordance with rigid U.S. Coast Guard Commercial Vessel Inspection standards. All vessels operated as Uninspected or Inspected vessels in Alabama must be documented with the U.S. Coast Guard and all Uninspected or Inspected vessels that are classified as commercial pleasure vessels must also be registered with the State of Alabama as such and display the registration decal in a conspicuous location on that vessel.
More information regarding licensing to carry passengers can be found here:
Back to Livery Vessels:
It is unlawful for individuals to offer their personal vessels for rent. In order to operate a vessel livery service in Alabama there are certain legal requirements that must be met. The livery must have a business license to operate in the county of operation. Any vessel offered for rent in Alabama MUST be registered first with the Marine Patrol Division as a livery vessel. There must be a rental contract on board the rental vessel specifying that the lessee has been instructed in the safe operation of the vessel by the lessor or the authorized agent of the lessor and that the lessor has complied with the terms of the rental contract. All parties must sign that contract and the lessee must sign a statement that he or she is not currently under suspicion or revocation of any boater safety certification or vessel operation privilege in this state. Any individual who offers his vessel for rent, whether it be through social media, word-of-mouth or through a website such as Boatsetter.Com, must meet the requirements to operate a livery in the State of Alabama.
We will prosecute those who are unlawfully renting vessels.
Please call the Marine Patrol Division at (334) 676-7087 for more information.