All food, fuel and supplies are provided by the charterer A charter, often referred to as a cash charter, requires a written agreement between the owner of a ship and a charterer whose charterer uses the vessel for a specified period of time and is de facto considered an owner. A cash charterer may delegate to the owner, crew, passengers transported and other legal obligations. Bluesail Group LLC does not currently offer commercial charters. However, many of our managed vessels are available on a bare hull charter basis because they are subject to U.S. construction rules under the Passenger Services Act (46 U.S.C. 55103). Given Bluesail`s focus on Bareboat`s charter, this article will highlight some of the most relevant details as published by the U.S. Coast Guard for the operation of bare-hull chartered vessels. A bare hull charter contract should not provide or dictate the crew. The charterer must be able to select a crew and have the ability to unload the crew The charterer is not considered a passenger and there may be only one charterer, even if the vessel may be chartered by several persons. In this case, a person would be considered the charterer and the rest would be counted as a passenger A chartered vessel may not carry more than 12 passengers while it is moored.
A chartered vessel is considered a “passenger” whether moored or on the move. This includes a bed and breakfast boat The ship owner cannot be the captain or part of the crew. The owner of the vessel is NOT authorized on board in a cash charter The charterer is responsible for the safe navigation of the vessel Any provision that tends to show the maintenance of possession or control of the vessel by the owner or sole operator of the owners would be a contradiction that a valid and legal cash charter exists. In September 2018, the U.S. Coast Guard crossed a fishing vessel in the Halifax River to conduct a safety equipment inspection and verify the licenses of the crew operating the vessel. No violations were found and the charter was able to proceed safely. A few weeks earlier, a 48-year-old charter was on board in the Miami River, with 18 passengers on board. It turned out that there were more paying passengers on board than the ship was certified for transport. In addition, the vessel also did not have a valid Inspection Certificate (IOC) or a certified sailor to control and serve it.
The U.S. flag and foreign vessels may be chartered, but foreign vessels may not carry passengers for hire between U.S. ports and must be chartered by a pleasure ship and/or operated as a recreational vessel.