There are 47 gazzilion laws on the books. If you simply take a breath, you are probably breaking a few of them....
Guaranteed.
I used to tell rookies when following a suspect vehicle.
"Take your time. They'll do something soon enough, and you have your PC"
. Too many potentially good criminal cases are lost at the traffic stop.
Well, yes. I may view this issue differently as a result of a big part of my career being spent consulting to operators of USCG inspected vessels and also as a pilot observing the way FAA inspectors work.
It only takes one young turk trying to make a name for himself or one boarding officer having a bad day to ruin your whole day. I've seen over and over that, when a line officer makes a dumb discretion call, the SOP of both the Coast Guard and the FAA is to back him up all the way. I've fought these things all the way up to headquarters on behalf of clients.
Sure, the "Coast Guard" knows but it's only the opinion of the guy who boards your boat that counts.
Roger, I understand your concern.
As one who has been in LE most of my adult life, spent years as a boarding officer with Uncle Sam's Confused Group, and spent way too many years working with and around lawyers, I too tend to take a different perspective on regs as well. Then again, I also realize that there's usually a way around most problems, and there's almost always "another level" to which the problems can be taken, but as you stated, one rogue newbie or one having a bad day, "can" screw up your day, but as others have mentioned we just did the paperwork as boarding officers. Admin fines, etc., were done at a higher level by the admin and "O" types, not by the "boots on the boats" peeps.
...they would be crazy to push action against an individual that legally purchased a legally and clear documented vessel. It would show a flawed system...Now other actions such as government leins for environmental issues, taxes, etc are a different story...
Very true. Want to start a Sheet storm, start routinely screwing with the public over problems that you (government) created, and watch the defecate strike the rotating assembly! Realistically, the IRS does this daily, but that's a much larger, better funded, and much more complex organization to deal with.
While a boarding officer gets a lot of latitude...a good number of seniors would oversight the "seizure" of a vessel for a documentation issue that is pretty easy to verify was legal. Now they may tie you up for 24 hours till some basics are resolved...but removing you from your vessel would as I earlier posted...would be pretty drastic.
Aye!
...It really irritates me that the USCG can't find a way for me to do that.
It's not that they "can't." That's giving them too much latitude. It's that they "won't." This entire matter could be corrected quickly and relatively simply, buy privatization and open competition. As with most businesses that compete for the same clientele, if you're not better/cheaper/or a combination of the above, you're out of the game. The fees could remain set by the gub'ment so they "get's their nickel", and allow the private corps to set a "reasonable fee" within certain parameters for their work. This could even be done at a contract level. At that point, it's mostly speed and efficiency that will win.
Alternatively, with today's electronic environment, I'd be willing to bet that the entire process could be completed electronically in a few hours max! No need for "faxes", "mailing" or any of that other antiquated nonsense.
...The guys on the water are usually pretty cool is you have some paperwork and a logical explaination...they don't have the CFRs memorized and really don't want to get into a paperwork tangle.
Amen! As one formerly in that position, I'll 2nd that!
We were looking for criminal, safety, and marine environmental issues.
The rest of that stuff was "noted" and to my knowledge, never acted upon.
I've had my own horror story with the NVDC. I tried to make a change to my documentation midyear, and faxed them all the paperwork last February. Last August, while we were out at the islands (way out of cell range) I got a nasty voicemail from the NVDC telling me that my application was incomplete, and I had 72 hours to remedy it or I would forfeit my money and my place in line. Well, a week later when we got back I called them.
It turns out the fax machine had jammed during the call and one of the pages was incomplete. Needless to say, I was speechless. I work for local government, so I've got no illusions as to their efficiency, but this was a new low. At this point I should mention that I've worked on the end of a phone line before, so I prefer not to yell or mistreat someone who's personally not at fault just to make myself feel better. But the treatment I got from the lady at the CG was outrageous. I finally broke my own rule, and in a calm determined voice told her to shred my application and keep my money, I was going to refile with a documentation company, and to consider my fee a cheap learning experience in governmental incompetence. I expressed my gratitude that the operational folks at the CG didn't operate in a similar fashion, as I'd hate to wait four months after calling for help to hear they were busy and not coming to get me. That it was a joke to wait four months to tell me I had 72 hours to fix a problem on their end. And after all that, I didn't even feel better.
So I paid a documentation company to resubmit, but with an additional change. Low and behold, a few weeks later I got a certificate of documentation in the mail. Without the additional change. My best guess is that the lady at NVDC realized the ridiculousness of the whole thing and completed my "incomplete" application.
At any rate, the folks with the boots on the ground (or is it deck in this case) are well aware of the shortcomings of those in the rear echelon. I can't imagine that you would have any issue unless you force their hand by being a knucklehead during the inspection.
You my friend, have much more patience than I in dealing with stupid and arrogant combinations. I fought our states department of revenue (now if you want to see incompetence at it's finest, look there), over a mere $50.00 "penalty" and $10.00 "interest"penalty", and won! *Hint* you can't add interest and penalties to an improper fine, unless you're with the IRS. Generally when I encounter people like that, I almost immediately conclude any conversation with them, and start climbing the food chain until I find something a bit more edible. There truly is a lot that "can" be done, it's just knowing where and how to do it. In the case of government, it sometimes involves the press. Other times, lawyers and a "class" of victims of the behavior.
Everything you stated is correct. However there is a work around. Get the state documentation. Register your boat with NY (or wherever home state is) and then your legal. Then let the state reg lapse once the COD comes in the mail.
... But, unless I peeved off a boarding officer they don't look that hard at the details. They just want 'some' info to fill up their boarding report, and most importantly want to ascertain sobriety, flares, PFDs, Overboard valve and fire extinguishers. Then there gone to the next hapless victim. I think the key to the issue is to not tick off the boarding officer. When you hear someone getting mouthy, that's when they get more inquisitive.
Thanks Cappy!
Always a fix somewhere, and like you said, there's more important things on the B.O.'s plate than docs. Just keep it pro, try not to piss off someone whose probably hot, tired and maybe a little stressed out, and you're golden!
My only real concern with this entire matter, is where to the fines for this stuff go? How is the money distributed? I "assume" into a general fund? If someone knows, please advise.
With our government being so inept, and the deficit rising by the hour, I can (and have) seen more stringent enforcement (and fines) of things that have in the past been overlooked or minimized. Where there's money to be taken, leave it to our folks in Washington to figure out a way to do it.
