At night with the Celtic Sea & the RNLI…

By: Noah D.

If you spend any time in marinas, ports, and coastal towns in the British Isles, there’s an acronym that seems to be everywhere. Literally. Go in any gas station, cafe, pub, ferry terminal, etc, and you’ll see something about the RNLI somewhere.

For my American readership – or those who are only familiar with the militarized USCG – it might come as a surprise that the RNLI is actually run as a not-for-profit charity. It is an NGO. Even more astounding to me is the fact that most of these guys are un-paid, but highly skilled, volunteers. Seeing them in action first-hand and then finding out that they’re doing it basically for free is truly amazing.

The Conditions

We headed out of Falmouth early on Monday morning. Just before 6am, actually. In England this time of year, that means two hours before dawn. Our weather window was a solid 48 hours and we were projected to arrive in Cork around 5pm the following day if we maintained a moderate speed. But the Atlantic fronts that were coming in were not expected to be overly strong, just a jump from 15kts to maybe 25kts of wind: certainly nothing that a reef in the main wouldn’t take care of. Well… as we rounded Lands End just before dark (4:30pm) and headed northwest toward Cork, Ireland, the wind shifted… to the northwest. This meant beating a due north course for a while in the deep darkness of the Bristol Channel.

This wasn’t that bad, either. The tides were with us and we were clocking an easy 6+kts in 15kts of air with precautionary reefs in the main and jib. I don’t think we saw 20kts flash on the anemometer the whole night and the seas were slight although with a normal North Atlantic swell. Add this with the VHF forecasts from the MET Office every three hours forecasting Force 4 to 5 that would be shifting from north-northwest toward the west and to the west-southwest… this was backed up by PassageWeather (checked via phone before we lost 3G service off Lands End). So, everything was looking good for our landfall.

Well… the winds only shifted around dawn and by that point we were quite far off our rhumb line. But they did shift! And we made straight for our destination on an easy, fast, port tack. There were a few moments we were hauling along over 7kts over the ground. We felt good! Tired, but good!

Around this time, we were out of range of the VHF aerials. We could hear the high-power HM Coast Guard announcements for the weather, but when we switched to the proper channel, the actual broadcast was too weak to make any sense. No matter… the forecasts all had been fine.

By the time we were in range of the Irish CG weather broadcasts, there was a Wind Warning and Small-craft Advisory in effect. This meant that there had been a new update superseding the previous mild conditions and moving up the bad weather almost a full six hours. Dark fell and we were at two reefs still pounding upwind and against the waves (but still making well over 5kts). We were less than 50 miles offshore and we decided to turn downwind and make for the closest coast. With the main down and flying a tiny scrap of headsail, we blew down wind and kept up with the building waves. We headed as close as we dared to quarter the following seas and the wind coming out of the west.

IMG_1323I was manually steering of course because no autopilot can handle stuff like that. So Lynn was reading aloud from the Reeds Almanac for a place to go. Around 20 miles offshore – also past 2200 hours – we attempted calling a marina before it got too late to see if we could reach a harbourmaster. When we called Kilmore Quay, the harbourmaster did not answer, but fishing vessel Mary Catherine broke in: “Nobody is there this time of night, but if you’ll go to Channel 12, I might could help you.”

Again, I’m steering, and Lynn talked to F/V Mary Catherine on the VHF for a little while to find out information about the area and see what we could do about shelter. One of his suggestions was to call the Kilmore Quay lifeboat station and see what they recommend. Until now, I had only thought that the lifeboat was literally that: a boat to save lives. And, we certainly were not entering “life threatening” status yet. But, with an uncertain (but low-er) amount of fuel and still almost 3 hours off the coast, motoring upwind, into the current, and against the waves was a dubious prospect. We still bombed along at more than 7kts with barely any sail up.

It was about this time that I calculated that we were probably going to miss the southeastern tip of Ireland. Which would have put us many many more hours at sea before landing somewhere in Wales. If we passed around Tuskar Rock, there might be a chance of the seas calming down enough for us to motor upwind into Rosslare or Wexford, but still… it was a chance.

So, call the lifeboat station, we did. Of course, the Rosslare Coast Guard talked to us for a little while, and dispatched the lifeboat to see what assistance they could provide. By that point, the seas were ridiculous and the wind gusts were flashing 40kts… 42kts… Finally, instead of trying to transfer any fuel over to us, the decision was made to simply tow us the rest of the way in to Kilmore Quay. And, out they came. Like something from a movie, this massive powerboat, lit with millions of candlepower spotlights, came barreling out of the 4-5 meter seas as a tank might growl over rolling hills. They threw over a tow rope as big around as your forearm and drug all 24,000lbs of Proteus through Force 8-9 winds and huge waves the two hours to safety. In fact, it was like we weren’t even there: they pulled us at over 6kts for two hours as we held on for quite a wild ride. Not one I would ever want to take again, mind you.

IMG_1327Now, sitting here at Kilmore Quay, we are fine. Proteus is fine (although a little shaken up, literally and figuratively). Some people say: “Respect the sea.” And, prior to this, I would have said: “Yes, I do respect the sea!” But that’s akin to reading all about travel and foreign lands without ever having set foot on a plane.

I tell you now: we sailors of Proteus, we respect the sea. I’ve lived near and on water my entire life, but no movies or books or photographs can tell you what it is really about out there. And, secondly, we respect the first-responders – the men of RNLI lifeboat 16-18 – that came out to make sure we made it into their harbour safely.

The Aftermath

So, you may wonder, how “at risk” were we really…

To be completely honest, any offshore passage like this is a risk. However, a powerful and well-equipped sailing vessel like Proteus cuts down those risks significantly. And – not meaning to sound at all prideful – but we took precautions a long time ago in our sailing studies and research that assisted us in heavy-weather sailing like what we experienced on the Celtic Sea: there is no substitute for knowing what to do in particular situations.

Screen Shot 2014-12-29 at 9.44.57 AMBut, most importantly, we had the assistance of F/V Mary Catherine at first, then the Rosslare CG, and finally the guys at RNLI Kilmore Quay to come fill in the gaps to make sure that we never were classified as a “vessel in distress.”

Proteus never took on water (except into the cockpit) and never suffered a knockdown, but the situations were such that the RNLI weren’t just making a milk run. Talking to the guys later at 3am tea, one of the lifeboat crew told me: “We’ve all been there.” Perhaps he was just being gracious, but if I’m taking steps to someday be as capable and as good of a seaman as the crew of the 16-18 by going through a Fastnet gale, I’m almost glad it all happened the way it did.

But… if it is up to me? Never again.

Could we have done anything differently? I’m actually not sure. Talking to a few people and analyzing the situation, it was a case of a winter North Atlantic frontal system doing its normal thing and saying: “Haha! You think you can predict me!? Gotcha!!” Had we kept significant spare fuel on board, I might have felt better about powerboating upwind and upwaves into such conditions. If we continued to live in the high-latitudes – which we have no intention of doing – we could have done well with a storm trysail and a storm jib. I feel fairly confident that the added stability of forward motion would have contributed to our comfort on board. Another option would have been to heave-to and wait it out. But by that point, the main was down and putting up a double-reefed main in those conditions would have been foolhardy.

A New Chapter Begins

We are young at this. I’ve been sailing more than a decade and this was my first true test of serious gale conditions. Even after 700 miles of sucky English winter weather, this ratcheted up the playing field considerably. However, the inexperienced become experienced through experience: not by reading books or by sitting at the quayside. Next time, it might be 800 miles offshore instead of a mere 12. The things we learned in this gale will keep us safe and make the difference when no lifeboats are on hand.

Our original destination was Cork, Ireland, to keep the boat over Christmas and the “worst of the winter weather” as we prepare for our Big Trip this spring. As luck would have it, I suppose, we could not have landed in a better place. Kilmore Quay has a relatively small marina, but it is a true, old-school, maritime village. It has everything that we need. So, this will be our base until we head south in the spring.

Lynn and I look forward to seeing flowers bloom and heading back toward the sun again. For that, stay tuned…

Proteus, the name…

By: Noah D.

The minute we had settled on the Proteus name, I got the vinyls made. They’ve been sitting in a box for almost the past month, but got the old name off and put the new name on.

2014_10.17-3959Of course, they are a little larger than USCG spec, just to make sure. And we also settled on putting “Guntersville, AL” on the transom as our home port. A little home-town pride, perhaps? Definitely a conversation starter in a British marina.

The vinyls are just perfect – though simple – and spectacularly done. I shopped around a few different companies and opted to go with the uniquely named Funky Monkey Boat Graphics company. They’re a UK company and apparently have a great quality for a fair price.

I did my own design, though, and, if you blow up the photo, you can see there is a little drop shadow on there. Not exactly complicated, but the drop shadow uses a global light originating from 45 degrees forward of the bow: the drop shadow “drops” towards the aft of the boat on both sides… and on the rear, the drop shadow is directly underneath.

Simple, really. And probably nobody is going to ever notice it. Not all of design is making pretty logos: sometimes it is just thinking through its destined location.

In other news, we’re still on the hard and have been delayed a few days for technical difficulties with the marina hoist. When it comes to lifting our home, I’m not complaining that they take a little more time to get it repaired properly.

Stay tuned…
-Noah D.

On buying and registering a boat as an expat…

By: Noah D.

Now, there is absolutely no reason to take what I am about to say as any sort of legal advice. This is simply a record of my experience with the fact that I am a US citizen living in the UK on a visa, purchasing a boat in the UK, with the intent to keep (and use) the boat in the UK for an extended period of time… and then go sail it around the world. Eventually.

Contrary to what the forums would have you believe, it is not rocket science to purchase a boat overseas. The whole process is merely checking boxes. Is that an oversimplification? Not really, to be honest with you. All that matters to the guy checking all your documents is that you have all the boxes checked.

The problem comes with knowing which boxes to check. And, good lord, are they spread far and wide.

Purchasing a Boat

A boat or yacht, for the most part, does not fall under the typical categories of purchased goods. I say for the most part because in some instances a boat is a “possession”… in some places it is an “asset.” But lets not get bogged down in that quite yet. The thing to know is that purchasing a large(ish) yacht is somewhere between buying a house and buying a car. It is not a house because it is fully mobile, but it is not a car because it is even more mobile than a car and is governed by different laws (mainly related to international conventions). In more ways than not, you may compare a yacht purchase with the purchase of a private aircraft.

A US citizen can purchase a boat in the UK. Or practically anywhere in the world, for that matter. The exchange rate is fickle, but that’s one of the things that any expat will grow accustomed to. I strongly suggest dealing with a reputable broker, like our friends at Burton Waters in Ipswich, UK. A good broker can be your best friend in a complicated issue like this. They’ve done it hundreds of times and will do it a hundred more.

Dealing with a broker feels a little like dealing with a good name-brand car dealership. There should never be any high-pressure sales tactics or shady business going on. But the negotiation process will feel similar. My last car, bought new, cost literally less than a fifth of what Proteus costs, but the whole process seemed familiar and was handled in the same way. Offers are made, counter-offers are discussed after going behind closed doors with the business manager, etcetera etcetera.

The biggest factor with international yacht purchases will be the fact that you will be almost certainly turned down for a mortgage or a loan from a UK agency. As a US citizen on a visa, you’re just too much of a risk. (…unless, of course, you’re making heaps of money.) For all intents and purposes, wherever the money is coming from (personal loan, equity, boat mortgage) you’re going to be paying cash for it as a huge bank transfer. (NOTE: Lending agencies like BoatUS often have a policy in their fine print of only loaning money to boat purchased in the USA. Keep this in mind.)

Otherwise, the process is extremely similar to buying a boat anywhere, even at the boat dealer in your home town. After putting a security deposit down, you sign your “intent to buy,” you get the survey done from a licensed marine surveyor, you do sea trials, you agree to the terms of payment, you make the payment, you finalize the transaction, you get the paperwork and the keys to your new – or new to you – yacht.

Value Added Tax (VAT) and Sales Tax Considerations

The European Union and the European Economic Area have this thing called VAT. It is akin to sales and use taxes in the USA. However, what people have difficulty understanding is that VAT is a transaction tax tied to the importation of the thing (boat, camera, table, etc) into the EU/EEA. Thankfully, the powers that be have made this VAT a one-time thing when it comes to boats. So, with your purchase, you get a little piece of paper – essentially a receipt – that says that the VAT is paid on your boat and, as long as you do not keep it out of the EU for a really long time or resell it outside the EU, the VAT PAID status will stick.

Proteus, though she is a USA-built vessel, had her VAT paid by the previous owner when it was registered in the UK after being kept in Guernsey. (Guernsey, in the Channel Islands, is not technically in the EU.) That means that the boat is already imported, so the fact that the yacht is changing hands to a US citizen is largely irrelevant as far as HM Revenue is concerned.

We will get our comeuppance, however, when we decide to eventually move Proteus to the USA. On arrival – not on documentation or registration – the customs official is likely to have his hand out for us to pay a 1.5% import tax on the purchase value of the boat. That said, we MIGHT have some alleviation with this because the boat was originally built in Florida, but… I’m not going to get my hopes up.

Registering a Boat

Again, contrary to what the internet forums would have you believe, yacht registration mustn’t be so complicated. Nor must it be done with anxiety or lived with with insecurities. In brief, an American citizen cannot legally register a yacht in the UK. People out there will tell you that “As long as you have a UK address, nobody every checks.” Be that as it may, do you really want to gamble that? And there’s another factor…

The most important thing in dealing with registration/documentation is to have everything “look right.” And, by “look right” I do not mean doing anything to deceive anyone. This is what I mean: “A US citizen, with legal authority to live/work in the UK (visa), is on a boat which he legally owns and is legally imported into the European Union (VAT paid) and is legally registered with the US Coast Guard and the state in which he legally resides.”

Perhaps I’m being too by-the-book, but there is just so little to be gained from deceiving anyone: I could not care less about anecdotal evidence on forums. And, when cruising around Europe, I don’t want to be dreading the customs official raising his eyebrow at my helter-skelter registration paperwork.

So, all that said, here is what is legal for an American expat, buying and registering a boat in the UK. When you have all your paperwork (title, bill of sale, etc), document the boat with the USCG and register the boat in your home state with a US address. It takes a few days to get the paperwork through, but it isn’t too hard. You’ll have to claim a name and home port and have these inscribed on the hull. And the USCG will give you a documentation number that must be affixed to the interior of the boat somewhere.

Secondly, registering your boat in your home state shouldn’t be difficult considering the fact that most UK visas are not technically “residency” visas, meaning that you will maintain some legal residency in the USA. Most people stick with their parents for simplicity – and cheapness – sake. Anyways, to register the boat in your state, all you have to do is take the paperwork (bill of sale, title, etc) to the county courthouse and register it just like you would a little fishing boat or a daysailer. You’ll be given a sticker and a registration number. Here’s where it gets different: the sticker goes on the boat in a conspicuous location, but the state registration number is actually NOT LEGAL to put on a USCG documented boat. (I think it is better anyway: keep those ugly-ass numbers off the hull!) The only numbers that go on the boat is those that the USCG gave you for the interior. Mine are next to the nav station, glued on tightly.

As for off-shore registrations or LLC’s? Personally, I’ve never been to the BVI, but I could easily register my boat there. Still, some people swear by them as a practical alternative. I can’t help but feel like it is a tax dodge. I also don’t see it as “simple” because of all the following cost and tax oddities involved. The cost and frustration and legal maneuvering is definitely higher (at least every option I saw was). Is it legal? Yeah, I guess. But you might want to be careful next time you’re bemoaning Big Business CEOs for tax sheltering in the Caymans while your boat is flying the flag of Macau…

Insurance Matters

You guys slay me with all your non-insured boats out there. I tend to be a bit of a free spirit, but it just seems reckless. The problem comes from the fact that a US registered boat won’t be getting insurance from small-time UK insurance agencies anytime soon. I mean, it only makes sense. And not all US insurance agencies are going to insure a boat 5000 miles away. Your choices are limited.

Personally, we are with Yachtline. There are others, but we are more than pleased with them. They’re a major company, and I believe they’re backed by heavy-hitter Lloyd’s of London. And they’re very fair about our cruising range: pretty much the entirety of northern Europe and the British Isles from Brest to the Elbe. We pay less than 1% of the surveyed value of the boat per year for full coverage and liability. Paying a little bit (tiny, in the grand scheme of yacht ownership) a year or risk completely losing a six-figure boat that we love as much as Han Solo loves the Millennium Falcon? I just cannot justify the risk.

Another factor that came in to play was that I lacked my official International Certificate of Competence. Some insurers I talked to was wary of me because of this and a few gave me insultingly high quotes accompanied with severe range restrictions. If you’re an expat with a big boat in international waters, you’re certainly entering into specialty insurance and some insurer’s prices reflect this. I’m working on taking the RYA tests all the way up to Yachtmaster Ocean (even though I’ve been on the water most of my life), so at least that’ll be one more thing that cannot be held against me.

Accessory Registrations

Just like most places in the world, you’ll need your VHF registered with the FCC (for the US) which is accepted in the UK. This is one of those grey areas, too, but keeping all the registrations in the same country just feel a little less fishy to the guy checking your papers. The FCC has a surprisingly straightforward application process (for a government agency that regulates a very complicated thing). You should be able to get your call-sign and MMSI number with minimal suffering.

I mentioned it earlier in my insurance negotiations, but… The thing that is accepted everywhere, and I personally recommend, is all those licenses and yachtmaster classes to put towards your International Certificate of Competence. The RYA itself is a veritable treasure trove of information on all things boat education and, as a member, you have unlimited access to all their resources. There are tons of private (but RYA authorized) training centers in London alone. My personal favorite is CitySailing. Paul, there, has been amazingly helpful and I cannot recommend it enough.

Believe it or not, if you have a state boating license (required to operate a boat in most US states) it is looked upon somewhat favorably by the powers that be internationally. It certainly is not an ICC – not even close – but it is better than nothing!

Conclusion

In the end, it all comes down to the fact that you have a very expensive thing, capable of moving across international borders, and there must be a certain amount of regulation involved. The idea behind having such a ridiculous thing as a passage-making yacht is to actually use it and make some passage. Sailing under a US flag and having everything on board match that US flag will go far in making some little tiny South Pacific island customs agent feel like everything is above board. Have a US citizen ride in on a boat registered who-knows-where with a bunch of other things that don’t match…? Tell me, why shouldn’t you be detained for 4 hours while all the numbers are run through their Windows95 computers on a 56k dialup modem…?

As everything is in the internets, take everything with a few grains of salt (even this blog!), and go out there and figure it out yourself. Don’t take my word for it. Here’s a few links that will help you on your way:

MarineTitle.com – A Reference for US Coast Guard documentation and state registration information
US Coast Guard Documentation Center – information and forms for USCG documentation
HM Revenue & Customs – Sailing your pleasurecraft to and from the UK
US Customs & Border Protection – Importing a boat for personal use into the USA
Small Ships Register – Registering a boat in the UK
International Certificate of Competence – how to apply for an ICC