Can You Get a Captain’s License with a Felony?
The U.S. Coast Guard and the Federal Maritime Commission regulate the licensing of captains and other crew members in the maritime industry. While a captain’s license is a valuable career goal for many sailors and boat operators, the process can be challenging, especially for individuals with a felony conviction. In this article, we will explore the answer to the question "Can you get a captain’s license with a felony?" and provide guidance on the requirements and procedures for obtaining a captain’s license with a felony.
The Basics of Captain’s Licenses
A captain’s license, also known as a Master’s license, is a required certification for individuals who operate a vessel in the maritime industry. The license is issued by the U.S. Coast Guard and is required for all commercial vessels that operate in U.S. waters. There are three levels of captain’s licenses:
- O.U.T. (Oceans, Unlimited Tonnage, Unrestricted): This is the highest level of captain’s license and is required for vessels that operate in open ocean waters.
- M.M.T. (Inland, Miles=3,000 Tons): This level of license is required for vessels that operate in inland waters and have a tonnage of 3,000 or more.
- M.M.T. (Inland, Limited to 3,000 Tons): This level of license is required for vessels that operate in inland waters and have a tonnage of less than 3,000.
To obtain a captain’s license, applicants must meet the following requirements:
- Be at least 18 years old
- Hold a valid Transportation Worker Identification Credential (TWIC) card
- Hold a valid Merchant Mariner Credential (MMC)
- Have completed the required sea time and training
- Have passed a physical examination
Felony Convictions and Captain’s Licenses
The U.S. Coast Guard and the Federal Maritime Commission have strict regulations regarding felony convictions and captain’s licenses. A felony conviction can prevent an individual from obtaining a captain’s license, but it’s not always a automatic disqualification. The following table summarizes the Coast Guard’s policies regarding felony convictions and captain’s licenses:
| Felony Conviction Type | Coast Guard Policy |
|---|---|
| Non- Transportation-Related Felonies | The Coast Guard may consider the application on a case-by-case basis, taking into account the nature and circumstances of the offense. |
| Transportation-Related Felonies | The Coast Guard will typically deny the application, unless the applicant can demonstrate that they are rehabilitated and do not pose a risk to public safety. |
| Multiple Felonies | The Coast Guard may deny the application, even if the felonies are non-transportation related. |
Waivers and Appeals
If an individual with a felony conviction is denied a captain’s license, they may be eligible for a waiver or appeal. The following are the procedures for waivers and appeals:
- Waivers: The Coast Guard may grant a waiver if the applicant can demonstrate that they are rehabilitated and do not pose a risk to public safety.
- Appeals: If the applicant is denied a waiver, they can appeal the decision to the Federal Maritime Commission.
Tips for Obtaining a Captain’s License with a Felony
While a felony conviction can make it more challenging to obtain a captain’s license, it’s not impossible. Here are some tips for obtaining a captain’s license with a felony:
- Disclose the Conviction: It’s essential to disclose the felony conviction on the application. Failure to do so can result in automatic denial.
- Get a Waiver: Apply for a waiver and provide documentation that demonstrates rehabilitation and a lack of risk to public safety.
- Gain Additional Experience: Completing additional sea time and training can help demonstrate your competence and responsibility as a captain.
- Consider an Inland License: If you’re unable to obtain an O.U.T. or M.M.T. license, consider obtaining an inland license, which may have less stringent requirements.
Conclusion
Obtaining a captain’s license with a felony conviction is possible, but it requires careful planning and preparation. It’s essential to disclose the conviction on the application, gain additional experience, and consider applying for a waiver or appeal. By understanding the Coast Guard’s policies and procedures, individuals with a felony conviction can take steps to overcome the obstacle and achieve their career goals.
Additional Resources
- U.S. Coast Guard: Captain’s Licenses and Certifications
- Federal Maritime Commission: Waivers and Appeals
- U.S. Coast Guard: Transportation Worker Identification Credential (TWIC)
