A new cap
Brokers fight to curb Florida sales tax on boats. A6
Flag matters
Legend sinks Whaler, Earthrace collide in Antarctic.
B1
Vol.6, No. 11
Nations must reciprocate to get cruising permit.
B1
www.the-triton.com
February 2010
Telling owner ‘no’ hard, even when safety is an issue Over the Thanksgiving holiday in late November, an owner reportedly hit an outcropping of rocks in the Bahamas, ejecting three people from the tender and sending them all to the hospital. Without factual knowledge of the situation, the incident still brings From the Bridge up valid safety and Lucy Chabot Reed liability questions, so we used it to spark discussion about how to handle owner requests when
safety is at hand and how to tactfully tell the boss”no.” Is there anything the captain or crew should have done to prevent or abort the series of events that led up to the accident? How can other captains avoid getting into a similar situation? “Owners are people in power, but captains are the people in power when it comes to the boat,” one captain said. “The owner will not accept the captain saying ‘no’ to him.” “So we have to say instead, ‘let’s see what we can do’,” another captain said. “It doesn’t always have to be a
hostage situation,” said a third. “The captain is hired by the owner for his knowledge and ability to operate the boat safely. The owner has the responsibility to the captain to let him operate the vessel safely.” As always, individual comments are not attributed to any one person in particular so as to encourage frank and open discussion. The attending captains are identified in a photograph on page A13. Discussion began on the details surrounding the accident at Staniel Cay and a captain’s liability when
an owner gets in an accident in the tender. The captains in attendance all agreed that they are responsible for all vessels affiliated with the yacht, including tenders and water toys. But they also acknowledged that others often operate a yacht’s various vessels without the captain or a crew member aboard. Still, the captain shoulders the ultimate responsibility and, most likely, liability, these captains agreed. “Even if you are confident that the
See BRIDGE, page A12
NOT THE LEGACY THE OWNER HAD HOPED FOR
S/Y Legacy remains in the waters off Key West, Fla., embroiled now in legal and insurance issues. Read more on page A4. PHOTO FROM PETER HALMOS/GREG BROWN
lesson learned
triton survey
Seaman’s Book a must-have
In the past two years, have you In the past two years, have you quit a job? been let go or fired?
By Capt. Laura Tritch As captain of a 141-foot (44m) yacht, mine is one of seven different passports onboard. With my U.S. passport, it is easy to travel but the six other nationals onboard present challenges. The following are a few situations and dramas that a Seaman’s Book would have eliminated. Last summer while in Italy, the deckhand’s Shengen visa expired. The next country for the yacht was Greece. We were in a Shengen country
going to another Shengen country. Unless the deckhand went back to South Africa, obtaining a Shengen visa was not possible. The agent in Italy said that with a Seaman’s Book, the deckhand could have moved about the EU as a mariner without a Shengen visa. The South African consulate in Italy won’t issue a Seaman’s Book to South Africans working in Shengen countries. If you are travelling to
See LESSON, page A14
No – 54.3%
Yes – 26.4%
Yes – 45.7% No – 73.6%
Get a complete picture on the state of losing a yachting job – whether people are quitting or being fired – and how long it takes crew to find new jobs. – Story C1