Difference between recreational and commercial purposes

Discussion in 'Class Societies' started by Deep6lue, Mar 23, 2018.

  1. Deep6lue
    Joined: Mar 2018
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    Deep6lue New Member

    Reference: EU Recreational Craft directive 2013/53/EU - OJ L 354/96

    Article 2, Para 2(a) viii says;
    "watercraft specifically intended to be crewed and to carry passengers for commercial purposes, without prejudice to paragraph 3, regardless of the number of passengers;"

    While Article 2, Para 3 says;
    "The fact that the same watercraft could also be used for charter or for sports and leisure training shall not prevent it being covered by this Directive when it is placed on the Union market for recreational purposes."

    Can anyone give an objective definition of recreational and commercial purposes? I would be grateful if you can also provide a reference for the definitions.

    The Directive is attached for your easy reference. Refer Pg.95 and Pg.96 for the subject matter.

    TY
     

    Attached Files:

  2. TeddyDiver
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    TeddyDiver Gollywobbler

    The interpretion varies from country to country but the most significant difference is the participation of the "passanger". On a commercial vessel it's basicly as a passanger but on a recreational vessel it's as participating to activities in question as sailing or diving etc..

    BR Teddy
     
  3. TANSL
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    TANSL Senior Member

    My point of view is that, if a boat is used as a business, it is charged for the services of the boat, it is a commercial boat. Maybe it's not that simple, but I think it's a first approximation.
     
  4. Ad Hoc
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    Ad Hoc Naval Architect

    Deep6lue

    Commercial = paying passengers
    Leisure = non paying passengers

    When you drive your car, do you carry passengers?...do you charge them for the journey?.....if yes and yes, you are a taxi and subject to commercial business laws for the operation and the carrying of said passengers. If yes and no...you are just carrying your friends/family without charge, thus the car is for leisure and recreational purposes only.
     
  5. PAR
    Joined: Nov 2003
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    PAR Yacht Designer/Builder

    John has it appropriately and it is all about money. Does your crew supply beer for others aboard or do you as the skipper? Does the skipper require a fuel fee for the days outing, how about a designation fee? Simply put if anyone aboard needs to supply funds, supplies, etc. for the days adventure, it's a passengers for hire deal, not a pleasure boat. Some organisations can be a bit touchy about these types of details, though most understand the realities of some answers that may be offered, such as sharing the costs of fuel on a fishing trip, to a harbor patrol officer that might ask, though be careful, as it's an easy trap to fall into with certain situations. Most of us that have specific licensing know about these "traps", but the average pleasure boating skipper is usually safe, assuming honest answers to the offer's questions, which often are well rehearsed and worded.
     
  6. Ike
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    Ike Senior Member

    What the US considers a passenger vessel is a vessel where the passengers pay in one way or another. The term is "valuable consideration" If you give the vessel owner or operator something to take them for a ride, then it's a commercial vessel carrying passengers. Also if you carry cargo for a valuable consideration then it's a commercial vessel. It may be an inspected vessel, which requires the vessel be licensed and certified, or it may be an uninspected vessel which requires on the skipper be licensed.

    A recreational boat (or vessel) is used for a persons private pleasure, and requires no license (as opposed to registration of documentation, in the EU this may be different).

    Now there are some overlaps. A recreational vessel can be used to carry passengers for hire if there are 6 or less and in some cases 12 or less passengers for hire. But the skipper (not the boat) must be licensed.

    I'm sure in the EU the definition is different but the same basic principle applies.
     

  7. C2 Naval
    Joined: Apr 2018
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    C2 Naval New Member

    The main difference between commercial or non-commercial ships lies on the obtaining (or not) a profit thankt its operation or use.

    Most of the differences considering a ship as a commercial vessel involve safety rules and imply more surveyings than if the vessel is considered as non-commericial. Furthermore, (if I'm not wrong), commercial ships above 24m must be under a Class Notation, so technical drawings as structure, P&Is and other required by CS should be submitted in order to its approval.... Can anyone confirm it?
     
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