Yacht charter company owner highly concerned over illegal charters

A yacht charter company owner who has all the necessary permits to conduct yacht charter services to both locals and foreigners alike has expressed deep concern over "the blatant abuse" by certain boat owners offering yacht charter services without having the necessary license in hand while also failing to adhere to basic safety precautions.

"This is an accident waiting to happen. This is illegal, and it's having a negative impact on our business during the peak summer months," Michael Gauci, who runs the Malta Yacht Charters, told MaltaToday.

Malta Yacht Charters is a company that specialises in the provision of yacht charters operating from Malta, with both skippered and bare boat being its core business activity. 

According to Gauci, he has made several reports to the then Malta Maritime Authority, now Transport Malta, and to Transport Malta itself as well, but to no avail.

"July this year was the worst month for our business, compared to previous years. This should be the best month for us and this is the result of illegal charters by certain yacht owners who are offering an inferior service while also risking people's lives. "This, accompanied with a lack of safety measures such as life rafts, fire extinguishers, overloading of passengers, a proper insurance covering commercial boats, a minimum amount of life jackets, and so on.

"Attempts by boaters unauthorised to run charters to make an extra buck are failing to recognise the dangers that come with such illegal activity."

Legal charter companies legally promote their services online. However, Gauci claims that such illegal activity is being promoted online as well.

"These perpetrators have the cheek to set up a webpage promoting their illegal service," Gauci said.

At a minimum, Gauci suggests that passengers should always ask to see the captain's license and expect a safety briefing before embarking out at sea on a chartered yacht. If a proper license is not presented, passengers should report the case immediately as such illegal charters are putting the lives of passengers in danger.

Gauci also suggested that the authority concerned should have a form of sticker distributed to legal charter service companies who in turn should conspicuously display on their boats so that passengers could tell if the boat is licensed or not to operate charter services at first view, similar to operating a taxi on land who must have a roadworthy commercial certificate or license displayed on the windscreen."

Maltese law provides for two regimes applicable to the registration of yachts under the Maltese flag. The first regime is applicable to pleasure yachts of between six and 24 metres in length, while the second regime is intended for commercial yachts or pleasure yachts in excess of 24 metres. The type of regime that one may opt for will also influence the tax regime applicable to any income generated by such yacht.

Vessels must have passed safety and seaworthy checks and is suitable for cruises around harbours and waterways.

A certificate of survey indicates that the vessel has been inspected and found to comply with the standards set out by the concerned authority, in this case TM.

Gauci states that the concerned authority is failing to take the necessary action by conducting random checks to ensure all of the correct safety requirements are in place and that the boats in question do have the necessary license to operate. 

"Legal charter companies such as ours depend on foreign agencies to promote our island and services overseas and we spend a considerable sum of money to promote our services and our islands at boat shows held abroad. 

"If some sort of accident happens during some illegal boat charter - which I feel will if such illegal activity is not dealt with immediately - our islands will get a bad name and our business will diminish even further."

When contacted and asked if monitoring of such alleged activity was being conducted, a Transport Malta spokesman said that TM investigates all reports of unauthorised operations and in the past has taken action against a number of owners engaged in trade without the necessary certification in terms of the Commercial Vessels Regulations.  

"Moreover, the Authority conducts land and sea enforcement inspections on a regular basis. Reports received by TM are treated in strict confidence and any person who has related information is invited to report these details either to the Police or to the office for Commercial Registration at TM."