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- Path: sparky!uunet!sandr!cherise!bobp
- From: bobp@cherise.UUCP (Robert Parkinson)
- Newsgroups: rec.boats
- Subject: Re: charters vs zero tolerance?
- Message-ID: <164@cherise.UUCP>
- Date: 22 Nov 92 15:02:14 GMT
- References: <1992Nov17.145055.15383@zehntel.com> <1992Nov18.212257.5000@ptdcs2.intel.com> <1992Nov21.004801.7564@linus.mitre.org>
- Reply-To: bobp@sandr.com (Bob Parkinson)
- Distribution: usa
- Organization: S&R Software, Incorporated
- Lines: 61
-
- In article <1992Nov21.004801.7564@linus.mitre.org> abm@mbunix.mitre.org (Murphy) writes:
- >I'm contemplating putting my bost into charter service this winter
- >in the keys. What is the status of the Coast Guards zero tolerance
- >rules? are they still in effect? do they apply to a boat in charter
- >service. What are the liabilities of the boat owner who in many cases
- >(mine included) will probably never even meet the charter people
- >(the "management company" handles the deals for the most part).
- >
- >Any thoughts much appreciate
- >
- >Alex Murphy
- >abm@mitre.org
-
- I'm not sure about this specific situation, but I know some
- things about drugs on boats.
-
- Despite the fact that acting as police in the drug wars has eroded
- morale in the USCG, they still have that mission, as far as I know.
-
- A boat suspected of carrying illegal drugs can be stopped, boarded,
- searched, seized, and, based on some criteria which I don't know,
- destroyed in the course of a more 'intrusive' search. They can drill
- through bulkheads and hull, remove structural members, etc.,
- effectively dismantling the boat. I know of one case where this
- happened. Also, the owner in this case lost his boat, and received
- no compensation from the US government, even though there were no
- drugs aboard. I wonder if my insurance covers destruction by
- misguided DEA/USCG search?
-
- So, since I have friends who sometimes daysail with me, and who
- I suspect like to smoke some marijuana on occasion, I always
- remind them to _never_ bring any drugs aboard my boat, and
- they cheerfully comply once I explain the potential consequences.
-
- In your case, I would try to negotiate with the charter company
- to allow your lawyer to insert a clause in the contract you
- will have with the charter company. It should lay out the
- charter company's responsibilities to properly screen
- the people who will charter your boat, and should also
- say something about the charter company reimbursing you
- if your boat is seized and destroyed in a search. Knowing lawyers,
- I'm sure there's reams of other stuff they would like to put in.
- I seriously doubt that there are many charterers who would agree to
- this. Then again, they're in the business, presumably are
- aware of the risk, and may already have some means in place
- to deal with this.
-
- I would also want some kind of unwind provisions in the contract,
- either for non-performance on the charterers part (they let your
- boat go to hell, for instance) or if you simply decided you
- wanted the boat back early. Again, the charter company will want to
- be able to plan on having a certain number of available boats,
- and might (reasonably) require that you sign your boat up for
- a specific length of time.
-
- Have you contacted the 'management company' and asked them about this
- kind of stuff?
-
- Bob Parkinson
- Alberg 30 #457, 'Thaedra', not even a seed aboard
- bobp@sandr.com
-