Understand the term “license” when applying for a Document of Continuity

Imagine studying for weeks to upgrade your merchant mariner's position only to learn that you didn't have enough sea time to qualify. Or mistakenly believing that once your document expired you had to start your qualification process over from scratch.

These scenarios can and do happen. But a bit of due diligence can avoid these problems.

For example, a Document of Continuity allows mariners who are unwilling or unable to meet renewal requirements to have extra time to do so. It essentially puts their eligibility to work on hold until everything is brought up to speed. During this grace period the seaman cannot work as a Merchant Mariner.

A Document of Continuity is fully explained here.

Our law firm is currently assisting a seaman who needs more time to get his credentials back up to speed. Fortunately for him, the Coast Guard says he is not required to place anything in continuity because he does not hold any AB/lifeboat licenses, instead he only has documentation as an entry level "ordinary seaman." This rating does not require any testing, so he can just re-apply without any issue once it lapses. We were told that if he was enrolled in courses to get those additional licenses or certifications, and is now unable to pass the last portion of the class, which is the physical, the best thing for him to do would be to contact the school where he took the class and schedule a later time to take the physical.

Recency is another requirement that applies in certain situations. It is possible to revive without recency your old license or present equivalent, "but to go to Mate or Master 500 or 1600 GRT you will need the recent service," James D. Cavo, Chief, Mariner Training & Assessment Division at the USCG National Maritime Center, wrote in gCaptain.com.

To upgrade to Master 500/1600 tons, "you will need recency," Cavo said. The requirements for recency can be found in 46 CFR 10.20(e), which is 90 days in the previous three years. "The rest of the sea time requirement can be met with you old time."

If you exceed the one year grace period it is still possible to renew your license but you must take the complete exam again.

There is industry wide confusion on what exactly the term "license" means. According to the USCG, licenses issued are divided into Master/Mate/Engineer Unlimited Tonnage and Master/Mate/Engineer Limited Tonnage.

However, the term "licensing" more broadly refers to the "issuance" process of a document to not only licensed officers, but also to unlicensed ratings such as Able Seamen (AB) or QMEDs.

Another area of confusion is the definition of sea time. The Coast Guard does not always grant day for day sea time. For example, time worked in so called Reduced Operational Status (ROS), in which a ship maintains a skeleton crew in a deactivated status at the pier, may only count for partial credit toward upgrading a license. Many a seaman has gone to the REC to take an exam only to find out-sometimes after the fact-that he or she did not have enough sea time to sit for the test. Thus, all of the weeks spent on studying may have been wasted or it may be necessary to study all over again several months later once enough sea time has been accrued.

Terms such as license, licensing, issuance and certification are often used interchangeably even though they hold very different meanings.

If you are uncertain about the recency requirements for renewing your merchant mariner's documents or whether you can or should apply for a Document of Continuity, don't try to figure it out on your own. Give us a call to schedule a consultation.