Does "12 passengers" limit include the skipper and crew?

[Tranona]

I take your point but I believe my earlier point is valid - I could have a problem with my insurance or worse if something goes wrong while I'm exceeding the limits for which my boat was intended and clearly marked.

Yes, you could if your insurance contract had a clause that said it had to be operated in accordance with the RCD. Not actually seen such a clause, more commonly one of maintaining in a seaworthy condition. More likely though any claim where overloading was an issue would be dealt with under the law of tort on the basis you were negligent in the way you were operating the boat, and ignoring the RCD advice would be evidence.

 

[RivalRedwing]

To my mind the OP's friend needs something in writing from his insurers to clarify that matter... as always, advice on here is often helpful and informative but worth what you pay for it.

 

[tony_lavelle]

OK thanks everyone for your helpful answers. Clearly I'm not the only one who's confused.

 

[Frank Holden]

Day or two late and a few dollars short. This advice is worth exactly what you paid for it.
If your friend is just carrying some chums he can carry as many as he wishes.
If he is carrying 'paying passengers' it is an entirely different game as he is plying for hire and reward and to the best of my knowledge would have to be 'in survey' . And he can't just try and get around it by saying that they are 'paying crew' - not since the loss of the Marques in 1984.
This extends as far as my UK flagged yacht, I can carry half a dozen chums and have them share the cost of food and fizz. If I get them to share the cost of marina fees and diesel they become passengers and I can end up in deep doodoo with the MCA.

The '12 passenger' thing comes from big commercial ship requirements . A cargo ship could carry up to 12 passengers and only have to comply with cargo ship regulations re construction, LSA etc. Any more than 12 and they would have to comply with the far more onerous passenger ship regs.