My modules›M15 Law and watchkeeping›15. United States: federal rules for small passenger and uninspected vessels (46 CFR, 33 CFR)
See units

United States: federal rules for small passenger and uninspected vessels (46 CFR, 33 CFR)

4 lessons
No notes
Law and watchkeeping≈ 4 min read

Paying passengers: the OUPV six-pack and inspected vessels

1The lesson in plain words

In one sentence

On a boat under 100 gross tons carrying any passenger for hire, up to six passengers in total needs an OUPV or higher; more than six needs inspection.

Who is a passenger for hire

Under federal law (46 U.S.C. 2101), a passenger for hire is someone whose carriage requires consideration: payment or another benefit. The passenger or someone else may provide it, directly or indirectly. Voluntary sharing of actual trip expenses, such as fuel and food, is excluded. A compulsory fuel contribution counts even without profit. The owner and master (skipper) are excluded. Working crew are excluded only if paid for onboard services and not paying for carriage; unpaid guests count.

The six-pack

A boat under 100 gross tons (a measure of enclosed volume, not weight) carrying up to six passengers in total, at least one for hire, is an uninspected passenger vessel. The operator needs an OUPV endorsement (Operator of Uninspected Passenger Vessels), the “six-pack” licence, or a suitable higher credential. The boat does not need a Certificate of Inspection, but must meet uninspected-vessel equipment rules and may undergo Coast Guard safety checks.

More than six

An owner-operated boat under 100 gross tons with more than six passengers in total, at least one for hire, is a small passenger vessel. It needs Coast Guard inspection and a Certificate of Inspection (COI) specifying capacity, crew and route. Its operator needs a Master credential. A genuine bareboat charter transfers possession and control to the charterer; the owner neither provides nor specifies crew. Under 100 gross tons, more than 12 passengers requires inspection; the charterer may independently hire crew.

Getting the OUPV

You must be 18 or older, pass medical and drug tests, show first-aid training completed within one year of application and current cardiopulmonary resuscitation (CPR) certification, and pass the exam or an approved course. The near-coastal OUPV needs 360 days’ experience, including 90 on ocean or near-coastal waters and 90 in the last 3 years. It covers domestic voyages up to 100 nautical miles (NM) offshore and inland waters. Inland OUPV covers inland waters only. No OUPV permits international voyages.

Non-citizens

A non-US citizen can hold an OUPV only for boats that are not documented in the US, that is, state-numbered boats.

2Key data

Uninspected passenger vessel
<100 GT; ≤6 passengers total, ≥1 for hire; OUPV or higher
Small passenger vessel
<100 GT; >6 total, ≥1 for hire: inspected, COI
Bareboat charter
<100 GT; no owner-provided/specified crew; >12: inspection
OUPV near-coastal
Up to 100 NM offshore; no international voyages
OUPV experience
360 days, 90 near-coastal, 90 in last 3 years
Minimum age
18 for OUPV

3Key points

  1. 1

    Payment required for carriage creates a passenger for hire; voluntary sharing of actual trip expenses is excluded.

  2. 2

    Under 100 gross tons: up to six passengers total, at least one for hire, requires an OUPV or suitable higher credential.

  3. 3

    Under 100 GT: more than six passengers total, at least one for hire, needs inspection, a COI and a Master credential.

  4. 4

    Near-coastal OUPV reaches 100 NM offshore, within endorsed routes; no OUPV covers international trips.

  5. 5

    OUPV: 18+, medical, drug test, first aid within one year of application, current CPR and 360 days’ service.

4Frequent mistakes

  • Wrong: Friends who pay me a fixed fee for the day are just guests.

    Right: A fixed fee is payment for carriage. They are passengers for hire, so you need a credential.

  • Wrong: With an OUPV I can take ten paying guests on my own boat.

    Right: The six-pack limit counts all passengers, paying or unpaid. Over six total, with any for hire, needs inspection and a Master.

  • Wrong: A near-coastal OUPV lets me take paying guests to the Bahamas.

    Right: No OUPV endorsement covers international voyages.

5Practice case & exam keys

Situation

You charge $150 per person for fishing trips on your uninspected 32 ft boat, under 100 gross tons. Eight guests want to book a trip 20 NM offshore on a domestic route covered by your near-coastal OUPV. What can you legally offer?

Show the answer

Required payment makes them passengers for hire. Carry at most six passengers total, including any unpaid guests. Twenty nautical miles is within the 100 NM near-coastal limit, and your endorsement covers the route. Eight passengers would need a Coast Guard-inspected boat with a Certificate of Inspection and a Master credential. Carry the equipment required for uninspected vessels.

Exam keys

  • Passenger for hire: consideration required for carriage; voluntary sharing of actual trip expenses excluded.
  • Six-pack: under 100 GT, up to six passengers total, at least one for hire; OUPV or suitable higher credential.
  • Under 100 GT, >6 passengers total, ≥1 for hire: inspected small passenger vessel, COI, Master.
  • Near-coastal OUPV: 100 NM offshore, subject to endorsed routes; no international voyages.

Finish this unit

When you've read it, answer three questions. Get all three right to finish the unit; opening the page alone doesn't count.

My notes for this unit

No notes