Yacht Charter Regulations: Unlocking the Intricacies for Yacht Owners

01/04/24 • 44 min

Set sail with us as we celebrate the first anniversary of The Yacht Law Podcast, with over 600 downloads from 44 different countries! We couldn't be prouder of our enlightening nine-episode journey, and we're thrilled to share insights that have resonated deeply with the yachting community. For this new episode, maritime attorney Michael Moore and yachting journalist Diane M. Byrne once again unravel the complexities of maritime law. The focus this time is why American yacht owners may be missing out on legal waivers to offer their foreign-flagged yachts for charter in U.S. waters. Together, we demystify yacht charter in the United States, including the confusion over the legal term bareboat chartering and what bareboat charter contracts require of charter guests. Along the way, we further untangle misconceptions that have long clouded the industry.
Michael and Diane specifically chart a course through the century-old Jones Act, unveiling its critical role in protecting U.S. maritime commerce and how it impacts everything from commercial fishing to superyachts. We then cast a spotlight on the Small Vessel Waiver Program, a little-known lifeline for non-U.S. built yachts wishing to conduct yacht charter activities in U.S. waters. Listen closely as we discuss the Act's implications on shipping routes and the challenging, but achievable, process for larger vessels to obtain the waivers.
In the final leg of our journey, we explore why so many American superyacht owners mistakenly believe their foreign-built yachts cannot charter stateside. Part of the problem certainly stems from brokerage listing disclaimers and the 1.5% customs duty, a critical tariff that fuels the U.S. economy.
Whether you're a maritime enthusiast or a seasoned sailor, this episode equips you with the knowledge to navigate legal seas with confidence. Join us as we provide clarity on the charter nuances of these vessels, ensuring you're well-prepared to tackle the legal storms ahead.

Have a yacht law question? Email it to [email protected] or [email protected] for your chance to have it answered on our podcast. All requests for confidentiality and/or anonymity are respected.
Hiring a lawyer is a big decision. Visit Moore & Company for the legal team's qualifications and experience. And, to learn the latest about superyacht launches, shipyards, designs, and destinations, visit Megayacht News.

Text us your ideas and feedback!

Previous Episode

Navigating the Stormy Waters of Yacht Insurance: A Comprehensive Guide

Text us your ideas and feedback!

Ever wondered why yacht insurance premiums have hit the roof? Does the frequency of named storms have everything to do with it, or is there more to the story? Here's a promise: By the end of this episode, you'll become well-versed in the complex world of marine insurance and the important role of an experienced insurance broker. It's a crucial education to help prevent you from making a costly mistake--even multiple costly mistakes.
We dive deep into the legalities surrounding marine insurance. For instance, did you know your insurer may include a captain's warranty clause - necessitating an insurer-approved captain? How about the possible repercussions of breaching policy terms? You’ll learn about a Supreme Court showdown, too, that could forever change the marine insurance game. Could you imagine the implications of a ruling that upholds the underwriters' freedom to choose contract language from another state's law in their contracts when the yacht isn't even in that state?
As the old saying goes, the devil is in the details, and that certainly holds true for insurance when it comes to yacht-transport contracts, a.k.a. contracts of carriage. Not only do we dissect landmark legislation, but we also explore the important yet often misunderstood domain of NBOCCs (non-vessel owning common carriers) and the limitations of liability. You will learn why obtaining the right insurance for yacht transport is more crucial than ever.
Finally, did you know your policy may exclude yard periods, and why a shipyard's insurance certificate matters as much as a contractor's? We further discuss a unique case where a yard contract had insurance with a limitation of liability clause, but a court ruling toppled the tables in favor of a superyacht owner.
This episode is a wake-up call to all yacht owners - highlighting the absolute necessity of understanding insurance cover notes and policies thoroughly.

Next Episode

David Seal: Anchoring Trust & Ethics in the World of High-End Yacht Sales

Text us your ideas and feedback!

From the humble beginnings of window cleaning to navigating the complex high seas of yacht brokerage, David Seal, the host and creator of the famous YouTube channel Yachts for Sale, plus a broker with Northrop & Johnson, joins us to share his remarkable journey. Discover the serendipitous path that led a young man from Wolverhampton, England to become a pivotal figure in the luxurious world of yachts, all beginning with a leap of love to Italy, where selling novelty items opened the door to an industry where passion reigns supreme. David's story is not just about ambition, but a vivid illustration of how drive and entrepreneurial spirit can carve out a place among the titans of yacht brokerage.
Peek behind the curtain of yacht sales with our deep dive into the ethical framework that underpins every successful deal. As we navigate through the stories and insights, you'll learn about David's creation of a masterclass that's revolutionizing the industry. It's doing so by equipping the next generation of brokers with the knowledge to conquer the waves of sales, law, and client satisfaction. David and podcast hosts Michael Moore and Diane M. Byrne dissect the importance of fostering longevity in client relationships, emphasizing that in the intricate dance of yacht brokerage, trust and integrity are your most reliable compass.
Finally, we set our sights on the horizon of yacht building and the intricate craftsmanship that goes into every vessel. Amid tales from the shipyard and the perils of social media's flashy veneer, we underscore the invaluable role of a broker's expertise in ensuring the quality their clients expect. David's masterclass becomes a beacon for those sailing into the yacht brokerage waters, teaching the importance of diligence and ethics.