The Legal Implications of Solo Sailing

Risky From Seamanship and Liability Points of View

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The author is a writer, trainer and marine consultant. He holds a U.S. Coast Guard 100 Ton Master’s License and STCW Certification. He submitted this essay after a recent Loose Cannon take-down of a YouTube channel.

By BOB ARRINGTON

The lockmaster was getting a little impatient with the motoryacht in front of us, as its sole occupant was trying to handle the bow and stern lines by himself. My wife, Dori, and I were tied behind him in our vessel, and we were also a little surprised to see a nearly 50-foot boat being single-handed. The rest of the day, we discussed whether we thought it was safe to handle a boat of this size by yourself.

I can speak from personal experience that regardless of how well you’ve prepared, or how capable you are, when you’re out on the water, you have to expect the unexpected. It could start with a mechanical issue—say, a blocked thru-hull causing an engine to overheat, or an engine belt breaking, or a critical hose clamp failing or a fuel filter clogging.

The list is long of things that may require your attention away from the helm. Handling any of these problems when alone on a boat becomes more difficult and potentially more dangerous.

Even if we set the unexpected aside for a moment, everyone has to eat, drink and relieve themselves. All are potential distractions from operating the boat. Just staying alert for hours at a time when single-handing presents enough of a challenge.

Single-handing a boat also raises a potential legal issue. The International Regulations for Preventing Collisions at Sea is an agreement among member countries for boating rules of the road. Anyone operating a boat in these countries is legally bound by the rules.

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Rule 5 presents another problem for the single-handed boater: “Every vessel must at all times keep a proper lookout by sight, hearing and all available means in order to judge if risk of collision exists.” Under normal circumstances, even with two of us on the boat, it is challenging to maintain the “at all times” part of this rule, let alone when something on the boat takes your attention away from the helm.

The single-handed skippers I know seem to get away with their best attempts to manage these issues. But if there is an accident, the solo boater is exposed to significant liability. If the master of a vessel is found to have violated one or more of the COLREGS, he or she may be found liable for costs of rescue efforts, property damages, loss of income, salvage costs and environmental cleanup. In the event of a death, even criminal gross negligence charges are not out of the realm.

Single-handed boaters should also be aware that they are likely not covered by their insurance when they are cruising alone. Here’s what Scott Stusek said; he’s a cruising yacht specialist with Gowrie Insurance in Annapolis, Maryland:

A skipper operating a boat single-handed will have violated at least one provision of their policy. All insurance companies have an implied warranty that the vessel is seaworthy. In tested legal cases, ‘seaworthy’ is defined as the vessel being reasonably fit to perform the services and encounter the ordinary perils of the voyage contemplated. This is extended to mean the vessel is operated within applicable COLREG rules, by a suitable crew for the voyage intended.

Similarly, Stephen White from the Baltimore-based law offices of Wright, Constable & Skeen wrote:

The warranties of seaworthiness are implied into every hull insurance policy by longstanding principles of marine insurance law…Two of the times the warranties are implied are the moment the insured accepts the policy, and the second is the moment the insured pulls away from the dock.

In other words, if a boater gets underway single-handed, the insurance company may be within its right to say the owner violated the warranty of seamanship by operating the vessel contrary to international maritime regulations. That is a big risk to take. Your policy may not specifically preclude the practice of operating single-handed, but it doesn’t mean you would be covered in an accident.

Stusek related the story of a couple who owned a boat and had secured insurance with both names on the policy. One partner chose to move the boat alone, while the other partner traveled to the destination by land. An electrical fire broke out on the boat, and the partner operating single-handed couldn’t maintain the helm and fight the fire. The boat was a total loss.

Based on the owner’s negligence to maintain a seaworthy vessel, the insurance company refused coverage. In U.S. courts, the absolute warranty of seaworthiness extends to the appropriate number of crew for the voyage intended.

In another recent sad case, a single-handed skipper suffered a heart attack while operating his trawler in the Bahamas. His boat was found days later, grounded on a desolate stretch of shoreline with the engines still in gear. Many cruising trawlers have enough fuel for days of operation. What if this unfortunate boater had not been in a confined chain of islands, but rather in the open ocean? His boat motoring along for days with no one at the helm would have been a hazard to all other vessels around it.

I interviewed owners who regularly single-hand their boats. Most report taking extraordinary steps to minimize their time away from the helm. They prepare meals ahead of time and do everything they can to operate safely—but when pressed, they also acknowledge they are taking added risks. They all claim they are being careful, but being careful in this situation works right up until it doesn’t.

Before single-handing your boat over any long distances, stop and think about the potential consequences. Lone boaters not only add risk for themselves, but also put all of the boats around them at increased risk. Find a friend or hire a mate to help you handle the boat. Not only will you be safer, but you may even find the cruising is even more enjoyable.

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