T&T: Fw: higher standards

[Larry N. Brown]

Here's a parallel; I'm not sure to what great extend it holds true.

Most of my life I was a professional pilot- and airline pilot. I also flew 
little airplanes. If I made a mistake in a little plane, it would have cost 
me my certificate just as surely as a mistake in a big one. The license to 
fly either is the same piece. They pull my ticket for a mistake in a Piper 
Cut and I' no longer able to fly airplanes. Period.

Regards,

Larry and Teri
M/V Cigano, 47' Prairie Sundeck Cruiser
Lying: Oak Harbor Marina
            Slidell, LA

--------------------------------------------------
From: "Douglas Gould" <doug at 5goulds.com>
Sent: Wednesday, February 11, 2009 7:08 PM
To: <trawlers-and-trawlering at lists.samurai.com>
Subject: T&T: higher standards

> Pascal wrote:
> "we are NOT talking about a licensed mariner operating a commercial 
> vessel...
> we're talking about a licensed mariner who is operating his own 
> recreational
> vessel...
>
> both cases you cited were about COMMERCIAL vessels...  this is irrelevant 
> to
> this discussion which is about  RECREATIONAL boaters being held to a 
> higher
> standard if they are licensed.  I've yet to see such a case.
>
> Pascal"
> ---------------------------------------------------------------------------
>
> my reply:
>
>
> Pascal, I must admit that you have made a good point, one which probably
> eluded me in my first reply. I don't think that the cases I cited
> are "completely irrelevant", I concede that my comments were not
> precisely on point to your point.
>
> Furthermore, I have yet to find a case that I can link that does
> prove that a licensed holder, while "not acting under the authority"
> of his license, has been held to the standard that a licensed professional
> might have been. That is not to say such a case doesn't exist, but your
> challenge to post a link survives.
>
> I think the key phrase is "acting under the authority", which appears in
> in the CFRs, and perhaps separates my examples from your intended point.
>
> Keep an eye on the Dinius case:
>
> http://www.latitude38.com/lectronic/lectronicday.lasso?date=2008-06-12&dayid=127
>
> I heard a rumor that Dinius holds a captain's license, and that the DA
> plans to use that fact against him. Purely rumor, no link..
>
> My best to you for fair weather,
> Doug Gould
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