Definitions
1 'Hire boat' means a vessel not intended for the carriage of more than twelve persons, offered without a skipper or crew for the sport or pleasure of those onboard, which is not a 'pleasure vessel'1 as defined in the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1998, SI 1998, No, 2771, and that does not proceed to sea.
The above definition is considered to include vessels with no skipper or crew provided which are:-
- let or hired under an arrangement, whether or not on a pre-contract basis
- the subject of a bare boat charter arrangement
- the subject of any form (including timeshare) of shared use arrangement where the boat is not wholly owned by individuals and used by them, or their immediate family(see 2), or friends
- used by persons who are not friends or immediate family (see *2) of the owners. (Note that money does not have to change hands for the vessel to be considered a 'hire boat'.)
Excluded from this definition of 'hire boat' are boats with no skipper or crew provided which are:
- houseboats or other vessels that are permanently attached to their moorings;
- used by the friends or immediate family of the owners and where any payment is only in respect of direct operating costs during the voyage;
- owned by a members' club for use by its members or their immediate family where any payments made for its use are paid into club funds for the general use of the club;
- owned by a body corporate for the use of its employees or their friends or immediate family whether or not the user makes any separate payment for such use of the boat;
- in shared ownership where the boat is wholly owned by her users and used by them, or their friends or immediate family.
- rescue or safety craft
Note: The above lists are not exhaustive.
1 Within The Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1998, "pleasure vessel" means-
(a) any vessel which at the time it is being used is:
(i) (aa) in the case of a vessel wholly owned by an individual or individuals, used only for the sport or pleasure of the owner or the immediate family or friends of the owner; or
(i) (bb) in the case of a vessel owned by a body corporate, used only for sport or pleasure and on which the persons on board are employees or officers of the body corporate, or their immediate family or friends; and
(ii) on a voyage or excursion which is one for which 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; or
(b) any vessel wholly owned by or on behalf of a members' club formed for the purpose of sport or pleasure which, at the time it is being used, is used only for the sport or pleasure of members of that club or their immediate family, and for the use of which any charges levied are paid into club funds and applied for the general use of the club; and
(c) in the case of any vessel referred to in paragraphs (a) or (b) above no other payments are made by or on behalf of users of the vessel, other than by the owner.
2 'Immediate family' means in relation to an individual, the spouse or civil partner of the individual, and a relative of the individual's spouse or civil partner; and 'relative' means brother, sister, ancestor, or lineal descendent.
To see the original version and the full Hire Boat Code visit the MCA website