Authority of the USCG Aux

immunity from personal liability for negligence. This may have a direct impact on a recreational boater whose boat is damaged in the course of a negligent safety inspection. The Auxiliary takes great care to avoid that type of incident, but if it were to occur, the Auxiliary member would be shielded from liability and the boat owner would need to consider a lawsuit against the federal government.

The very reason they don't step foot on my boat, civilians that can break stuff and are not liable, no thanks. Already enough of them around.
 
I had the Auxies (that's different from Aussies!) give me an inspection once many years ago. They were professional until it came to the question one of them posed to me: "Where is your copy of the Nav Rules?"

I told him it wasn't required on a boat my size. His reply was that I should have one on board anyways. When I asked why he said "in case you are about to have an accident you could look up to see who is the stand-on and who is the give-way vessel. My comment back to him was that if I was about to have an accident I'd give up the right of way to the other vessel to avoid any collision. What a dufus.
 
Hmmm. That article is missing a few things. An auxiliary member has absolutely no authority unless they have a member of the actual Coast Guard on board. They cannot stop you, but just as anyone else with a VHF radio, they can contact someone with the authority to stop you.

I was harassed by the auxiliary last year. I suspected that one of my props had become fouled (after I pulled a disabled boat in to the marina no less) so I dropped anchor in a cove and put on a scuba tank to go check it out. About that time one of the auxiliary boats pulled up and asked me over a loud speaker if I had a dive flag. I replied that I did not. He then yelled that I was not "authorized to enter the water without a dive flag." My reply was a curt "thanks for the info" and I jumped in.

After a few minutes I surfaced (having untangled my prop from a crab trap rope :smt013) to see the auxiliary boat circling just off my stern. My wife said that they had been circling my boat and taking pictures. About 5 minutes passed and I saw a law enforcement boat headed my way.

I flagged him down and asked him if he was called by the auxiliary. He said that he was and he wanted to know what happened. I shared my side of the event and he asked me if my boat was documented. I said that it was, he thanked me and he said he would go tell the auxiliary to leave me alone.

He motored over to them and, while out of earshot, I saw a lot of animated gesturing coming from the guys on the auxiliary boat. The law enforcement officer actually was shaking his head and made a pointing gesture as to tell them to leave the area. A short time later the officer came back over to my boat and apologized. He said that he has issues all of the time with this particular floatilla attempting to exert a presumed authority. Thus ended my auxiliary experience.
 
immunity from personal liability for negligence. This may have a direct impact on a recreational boater whose boat is damaged in the course of a negligent safety inspection. The Auxiliary takes great care to avoid that type of incident, but if it were to occur, the Auxiliary member would be shielded from liability and the boat owner would need to consider a lawsuit against the federal government.

The very reason they don't step foot on my boat, civilians that can break stuff and are not liable, no thanks. Already enough of them around.

I read that to mean that they can't be held personally liable, but I don't see where the boat owner would not be able to hold the Coast Guard liable for any damage.
MY guess is that the Coast Guard would indemnify them.
In most states, you could put in a claim with your insurance company, and the insurance company would settle with the Coast Guard. You would be responsible for any deductible on your policy, but once the insurance company settles with the Coast Guard, you get reimbursed with the first dollars they collect. Anything in excess of your deductible refund is theirs.
 
One of the reasons I chose not to join the CG Auxiliary was that I would be unarmed......no thanks. I don't give up a personal right to work for the Fed free of charge. I have a concealed carry license and use it. They won't even accept my CG Captains License as proof of ID and wanted me to go through the whole fingerprint process again and I also now have a TWIC Card! Even with a Captains License I can't even run their tiny 16ft boat.......I could understand if it was a big 200ft Cutter. Our state does Boater Safety so CG Boater Safety takes a back seat to it locally. Inspecting boats could be fun but my fun time is pretty limited to my own boats and working on the water as a paid Captain now.
 
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I request the Aux. voluntary inspection every year to obtain the inspected sticker to place on my starboard side windshield. I have been boarded by the real USCG because my sticker was out of date and they told me they would have waived me off if it had been up to date.... I have nothing to hide, but getting boarded is a major PITA !
 

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