Transport Canada

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snowwhite

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Woundering if anybody has herd of these newregs on running a boat that makes a income with it? thanks snowwhite
 
I recently attended a meeting with a representative of TC, hosted by the Campbell River Guides Assoc. on that very subject.

Its actually LAW now that if you make any kind of income taking people out in a boat you need to:

- reregister as a "C" class (commercial) boat replacing your "K" number with a "C" number.

- either get, or be able to prove enrollment in, the MED A3 small vessels course.

- ensure that your boat and its safety equipment meet the Transport Canada small vessel standard which is a little different form the old Coast Guard recreational small craft standards.

These new regulations are already in effect, and do apply to all fishing charter vessels and lodge guide boats regardless of their OAL or tonnage.

The standards get more stringent once you get over 5 grt or approximately 8 meters (26 feet) OAL. Then it gets pretty scary.

Check with your insurance company. You may be surprised at what happens if you decide not to do this.

Check out the TC website: www.tc.gc.ca and follow the regs for small vessels.

Good luck, sign up for those A3's all of you guides out there. My guess is that most lodges will require them by next season anyway. I know we will.

Gooey
 
Great points you guys.Some of this has been LAW for a long time...but the rules (and liability) have been changing ,further enforced etc..Each and every individual should make sure they are up to date!! Safety training , procedures and equipment are nec to make Boating (experienced or not) "safe" for everyone<img src=icon_smile_cool.gif border=0 align=middle>There is a different criteria for each circumstance & vessel (charters,freight,towing,fishing,pass or not ,wood ,metal,glass ,gas,diesel ,inside waters,outside waters,lake,the possibilities are endless).GET SAFE .GET INVOLVED.If you wont do it for yourself do it for your best friend ,wife, son ,daughter or whomever likes to fish and Boat with you. Good luck and tight lines...Be careful out there<img src=icon_smile_blackeye.gif border=0 align=middle>.....

Remember
&gt;&lt;}}}}}:0$$$$$ it might cost less in the grocery store it aint as much FUN.<img src=icon_smile_big.gif border=0 align=middle>

On The Beach
 
The small vessell commercial licencing program became law in April of 2005 .

- Has your boat been inspected by a DOT inspector?. Do you know what modifications your vessels needs to bring it in compliance with the small vessel comercial licencing program?.

-Are you aware that you must obtain a MED certificate (marine emergency duties certificate) as well as a radio operators certificate-marine (ROC-M) now to comply with the small vessel comercial licencing program?.

-Transport Canada will not or cannot inspect boats 26 ft and under, which is approx 95% of the fishing charter fleet on Vancouver Island for the 2006 season. Why is DOT excluding 95% of the charter vessels or basically the whole industry working on the coast from obtaining proper DOT inspections for the 2006 season?

-There are approx 900-1200 charter boats working on the BC coast that have not been DOT inspected,or are non-compliant, or have operators who know nothing about the small vessel commercial license program, or have no idea how to make their vessels compliant without a PROPER DOT INSPECTION.

-Most of the charter boats operating on the coast of BC are different from each other, and need to be individually inspected by a DOT inspector to understand the complex set of rules laid out in the small vessel commercial license program.

-The communication and information provided from DOT to the charter operators, individual guides, lodge and resort owners regarding the small vessel commercial license program has been pitiful, much too late in the process, vague, misunderstood by most, without consultation, different in almost every region of the coast, and has resulted in a last minute, expedited, poorly organized attempt by DOT to bring one of the BC coast most valuable commercial sectors to be DOT compliant at this late date.

-the MAJORITY of charter operators in Victoria,Sooke,Port Renfrew,Nanaimo,the Gulf Islands,French Creek, Deep Bay, Comox, Campbell River, Telegraph Cove,Port Hardy, Prince Rupert,Nootka Sound,Tofino,Ucluelet, Port Alberni on and on to this date still have no idea what the small vessel commercial license program. is, how to comply with it, how to self-inspect their vessels, the legal ramifications of non-compliance, the insurance liability issues of non-compliance and so on.

-approx 95% of the charter boats working on the BC coast last year were non-compliant or thought their vessels were D.O.T certified. Some have c/o #'s and have never been inspected. Some have been inspected and have no c/o #'s. Confused yet?

-as of APRIL 2005 the liability insurance on these charter boats was either NOT VALID or was in jeopardy by having paying customers on board a vessel that was not D.O.T. certified or inspected.

-D.O.T wants the sport-fishing sector to self inspect their own vessels and enter the small commercial vessel licensing program . At this point D.O.T will consider you as “TRYING TO COMPLY”. What are the legal and liability ramifications of this? Do truckers inspect their own trucks to make sure they are compliant to all laws and regulations? Are they licensed inspectors? Are we? If truckers were told to by DOT to self inspect their vehicles what do you think the reaction would be? Has DOT not considered what the result of having charter operators, lodge and resort owners self inspect their own boats?

-The fact that you are “trying to comply” DOES NOT MAKE YOUR VESSEL COMPLIANT and leaves the door wide open to interpretation by any insurance underwriter, lawyer or judge in any legal action. This

-the risk of being held legally responsible for the DOT certification of your own vessel is risky to say the least, and one the insurance industry is being made aware at this time.

-At this time, no insurance broker, agent or underwriter contacted since the Campbell River Guides Association meeting with a DOT inspector would provide any guarantee in writing that any fishing charter insurance policy would provide valid liability coverage for any vessel not physically inspected, certified and licensed by DOT. Insurance broker sell insurance, don't be fooled into believing anything unless you see it in writing.

-by not having a DOT inspector physically inspect your vessel to see if it meets or exceeds DOT certification is again a risk none of us should not have to take

-all life jackets also need to be upgraded to meet DOT standards, not the coast guard standard. Mustang Survival ONLY MAKES TWO THAT ARE DOT CERTIFIED......one is a "neck ring" (approx $85.00) and the other is a SARTEC model (approx $275.00)

-the assumption that a vessel that is self inspected by any untrained, unaccredited persons IS VALID to satisfy an insurance underwriter (not your insurance broker) or any judge presiding over a possible legal action, that your vessel is D.O.T certified, is simply NOT TRUE
-
-the implementation of this program without direct consultation with the commercial sport-fishing sector, guides, charter operators, the insurance industry, lodge and resort owners is reckless and puts a large number of charter operators, guides, lodge and resort owners at risk for possible legal action due to the non compliance of their vessels.

- the 2006 sport-fishing season on the whole coast of BC is jeopardy by D.O.T's handling of the small commercial vessel licensing program

-WE CANNOT WORK WITHOUT PROPER LIABILITY INSURANCE

- The industry as a whole wants and needs to be certified but at what expense?
 
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