Boat loan

[rrees]

I am off to the Baleares this summer and will not be using my boat between the 11th July to the 12 August.
It will be based in Mallorca.
Does anyone know where I could advertise that it is available to borrow as I do not wish to put it ashore for this time.
I am only looking for a contribution towards the running cost.

Thanks

Richard

 

[john_morris_uk]

You have to be careful regarding even payment towards running costs. Any cash changing hands makes it a charter boat in the eyes of the law and you have all the hassle of coding etc.

I understand that if people buy you gear as a present etc, you enter more of a grey area.

Of course a private arrangement might never be detected - but if there was an accident you might be in the brown and smelly stuff up to your waist the wrong way up.

 

[rrees]

Thanks John

I was thinking along those lines have a few bits and bobs that I need.

 

[TheBoatman]

Be careful John's right but for what it's worth they closed that loop-hole on my DTI licence by saying "hire or reward" the same maybe viewed if you charter the boat for reward.
Just a thought!

 

[jfm]

That's not quite right. Some money can change hands. If it is UK flagged then the coding/charter rules do not apply if the boat is used by inter alia "friends or family of the owner" AND provided that any finacial payment is only in an amount up to the running cost, ie no profit element

I dont recall the definition of running cost but it is in there in the regs, can post tomorrow if you want. There is no definition of friend so if you befriend the borrower first - which you would anyway I guess- then you should be ok

 

[john_morris_uk]

I'm willing to stand/sit corrected on this. The advise I gave was the situation as explained to me by the authorities a while ago. Your reading/interpretation of the rules makes sense, but since when did sense come into these matters?

 

[rrees]

Thanks for the advice
but does anyone know where I should advertise please

 

[jfm]

Re: Boat loan - legal detail

The relevant law is here, esp clause 2(a)http://www.legislation.hmso.gov.uk/si/si1998/19982771.htm

To be outside the coding rules, the boat (if owned by an individual, as opposed to a company) must be being used by the owner or his immedaite family or friends, AND in circumstnaces where "the owner does not receive money for or in connection with operating the vessel or carrying any person, other than as a contribution to the direct expenses of the operation of the vessel incurred during the voyage or excursion".

So some money can change hands but its pretty limited. Interestingly, it would seem that non monetary consideration is OK. I mean, the boat borrower could buy a new plotter or something...?

Also the coding rules only apply when the vessel is on a voyage or excursion, not when it's tied to the dock.

 

[john_morris_uk]

Re: Boat loan - legal detail

The key part is "in direct connection with the voyage...." paying towards annual costs/upkeep etc I suspect falls outside that caveat.

Advertising certainly puts you into a dodgy area unless you are going to advertise "Boat swap" or "Boat for Free" and then negotiate. I wouldn't trust all the regular charter agents whose boats have been coded at vast expense not to shop you either....