Using a 21ft boat as a charter boat

Ok lads, im looking for some info regarding the legality of using a private boat, its around 21ft i think, as a charter (and just to be clear on this, its not my boat and i dont think the guy who owns the boat is advertising it as a charter boat though he is offering to take people out on trips for a fee...)

I dont want to go into too many details on here as im not sure if he is a member on here or not,

Basically, one of the lads in our club has started offering people the chance to head out on his boat fishing for a fee, im sure if he was saying that the fee was a share of the fuel costs then it would be ok, however, since he is saying he is available 5 trips a week that, to me anyway, sounds like he is offering a service, so, does this fall into the realms of being a charter boat, or is he perfectly ok to do such a thing...?

I know in Scotland small 21ft boats can be chartered with a skipper but i dont know if its the same here,

Thanks,

I would be very carefull on this one,what experience has he got,what condition is the boat,has it a history,life jackets,life raft,insurance,etc,etc,etc,etc,eddie................

My understanding is that the boat would require coding & he would need the relevant insurance.

this is the legislation dealing with Passenger Boats
http://www.irishstatutebook.ie/2002/en/si/0273.html

I would be very carefull on this one,what experience has he got,what condition is the boat,has it a history,life jackets,life raft,insurance,etc,etc,etc,etc,eddie................

We had a discussion regarding all this in a club meeting, the decision that was made was since he is doing this on his own it is outside of the clubs power, so, we cant make him stop doing it, as a matter of interest, if it were anyone you knew, would you speak to them and tell them what they are doing may not be legal?...

Oddly, there is a pile of leglislation if someone wants to hire you and your boat for a trip.
There is nothing if they want to hire your boat.
What would the case be if they hired your boat and you came along for the spin?

Maybe he is thinking along those lines?

This is illegal!!!!!

As is the hiring out of boats with a "fishing guide" to get around the laws regulating passenger boats as some boat hire operators are blatantly doing according to the M.S.O!

This is exactly the same as any of us going into your local town or city's taxi rank in our private car and hiring it out as a car with a "driving guide" to drive someone home for a fee while we are not claiming to be a taxi.

The can of worms will really open should you have an accident in the car or in this case the boat. The boat and it's passengers WILL NOT be covered by insurance, nor the fishing guide will not be licensed (Commercially Endorsed) to operate the boat and therefore it will result in criminal proceedings against the boats owner and the operator, and no doubt civil proceedings for compensation would follow the outcome of any criminal case