Chapter - 03

Regulations And Equipment

A Comprehensive knowledge of seamanship embraces many subjects. Perhaps the first and most important is an understanding of what constitutes the proper equipment of a boat. This includes not only the equipment required by the Motor Boat Act, which specifies what equipment must be carried, but also a consideration of other equipment without which the boat cannot be safely, properly and efficiently operated.

Yachts Require No Licensed Officers

Logically considered with this is a study of those regulations which have been drafted to govern the operation of certain types of boats which require licensed operators, licensed officers and crew, and inspection of hull and machinery. The motor boat or sailing craft which is operated for pleasure only is primarily concerned with the equipment regulations alone, since she requires no licensed operator, officers or crew, nor is any inspection of her hull and machinery prescribed. She may, however, be boarded for inspection of the equipment required by law.

The basic regulations prescribe that any boat propelled in whole or in part by machinery shall carry on board certain specified equipment. Such a regulation obviously would include those boats commonly known as "motor boats" of all types. Similarly, the regulations exempt the out and out sail boats from the carrying of said specified equipment or any government supervision whatsoever. However, the sailing craft, equipped with an inboard or outboard motor as auxiliary power, places such a craft in the category of a motor craft irrespective of whether the motor is in operation or not, as far as being required to carry this equipment on board and being subject to certain provisions of the Motor Boat Act of 1940.

The Motorboat Act of 1910 was repealed by an Act of Congress on April 25, 1940. Regulations required for the proper administration of this Act now is enforced by the United States Coast Guard. Listed on pages 48-49 are the new regulations.

Division Of Motor Boats Into Classes

Under the new Motor Boat Act of 1940, motor boats are divided into four classes according to length. Equipment prescribed by law varies somewhat according to the class. Class A includes boats less than 16 feet in length. Class 1 comprises those of 16 feet or over, but less than 26 feet. Class 2 takes in those from 26 to 40 feet. Class 3 includes motor boats of 40 to 65 feet in length.

Equipment On Inland Lakes

Motor boats operating on other than federal waterways, that is, on inland lakes which do not form part of the boundary line between two states or between this country and Canada, are not required to carry the equipment required by the Federal Government. Boats operating on such inland lakes are under the jurisdiction of the various state governments, many of which require certain specified equipment on boats navigating the waterways of such states.

Motorboats Rented By Liveries

Motorboats (including outboards) rented by launch liveries must, of course, comply with the Motor Boat Act as to equipment, etc. On motor boats carrying passengers for hire, a penalty of $200 may be imposed on the owner, operator, or both, for violations having to do with life preservers, fire extinguishers, or licensed operators.

Amphibious Vehicles

Amphibious vehicles, when they leave the land and hit the water, are classed as motorboats and must comply with applicable Motor-boat and Numbering Regulations.

Inspection Of Equipment

The U. S. Coast Guard is charged with determining whether the proper Government equipment is aboard every motor boat while under way.

It should be remembered that in this matter of equipment the Government has jurisdiction only when boats are under way. A boat at anchor or on shore or tied to the wharf is not obliged according to the law to have any Government equipment on board. Therefore, inspection officers have the right to make an inspection only when they have seen the particular boat under way immediately preceding inspection or have good reason to believe that this boat had been under way immediately preceding the inspection.

Other Articles Of Equipment Which Should Be Aboard Every Well-Found Boat, Though Not Required By Law

The Motor Boat Act prescribes that motor boats must carry certain equipment for the safety of those aboard. This includes life preservers, lights, whistle, bell, fire extinguishers, name arresters on carburetors, ventilating cowls and ducts for the bilges, and the certificate of registration. These requirements vary with the class of boat, and certain exceptions are made in some classes.

In addition to this required equipment, however, there are other things which should be aboard before a boat may be considered to be well-found. The extent of cruising the boat does will determine the amount and kind of equipment, such items as anchors and lines, boat hook, fenders, bilge pump, tool kit, spare engine parts, piloting equipment, (See Chapter XVII) auxiliary lighting equipment, and such special safety equipment as ring buoys, flares, and a first aid kit.

In the same category with tools and spare parts we might include a few good carpenter's tools, extra pieces of line of several sizes, a ball of marlin, an assortment of nails, screws, bolts, washers, wire, caulking cotton, paint, etc. On boats equipped with sails a small repair kit should be added containing twine, wax, needles, palm, fid, and similar articles. All should be properly stowed to keep it accessible and in good condition.

Other miscellaneous items would be a deck mop, pail (some prefer a canvas bucket), a chamois for cleaning windows, brass polish, a supply of oil for engine, grease (both the regular and waterproof varieties as required), some light machine oil and penetrating oil for rusted parts, vaseline, distilled water, a hydrometer, some clean rags and several rolls of paper towels. An emergency tiller is often carried.

Numbering

On 1 April 1960, under provisions of the Federal Boating Act of 1958, the Coast Guard commenced assigning new identification numbers to all undocumented vessels operated on the navigable waters of the United States which, regardless of length, are propelled in whole or in part by machinery of more than 10 horsepower (in the aggregate) unless the State in which the vessel is principally used had assumed numbering. A State may assume this function at any time by the enactment of a suitable law and the approval of its numbering system by the Secretary of the Treasury.

All numbering conforms to an overall system. In this new, uniform system the first part of each number is an abbreviation of the State of principal use, as indicated in the application. If principally used on the high seas, the vessel is numbered according to the State in which it is usually docked, moored, housed, or garaged.

An undocumented vessel principally used in a State which has assumed numbering will not be numbered by the Coast Guard.

Unpowered vessels and those of 10 horsepower or less will be numbered upon request.

Every vessel of more than 10 horsepower having had a valid certificate of award of number on March 31, 1960, retains such number and certificate for temporary identification until renumbered, and may continue to be legally operated provided application for renumbering has been made, the fee paid, and proof thereof retained.

Vessels of more than 10 horsepower which have not previously been numbered will, pending receipt of a permanent certificate, be furnished a temporary certificate which must be carried on board whenever the vessel is in use.

Documentary proof of title and ownership is not required by the Coast Guard with application for number.

A numbering fee may be charged by the State. Estimated Coast Guard fees are: original numbering—$5; renewal of number—$3; reissue of lost or destroyed certificate of number—$1.

A number awarded by the Coast Guard will first be valid for 3 years from the date of the owner's birthday next occurring after the certificate is issued. Each renewal will be for 3 years.

A number issued by a State may be valid for not more than 3 years.

Certificates shall be pocket size, of water-resistant material, and must be on board whenever the vessel is in use.

A change of address must be reported within 15 days. When a vessel is lost, destroyed, abandoned, or transferred to another person, the certificate must be surrendered within 15 days. If the certificate has been destroyed, notice to that effect must be given to the numbering authority.

A change of motor is not required to be reported.

If the State of principal use is changed, the owner must make application for a number for the new State and surrender the old certificate within 90 days.
A certificate may be canceled and the number voided prior to expiration for a false or fraudulent certification in the application.

Application for renewal of a Coast Guard issued number may be made within 90 days before expiration. If not renewed, a number is automatically invalid on the expiration date shown on the certificate. Applications for renewal received after expiration will be treated as original and involve the higher fee. The same number may be reissued if the renewal application is filed within 1 year after expiration

Upon sale or transfer, where the vessel continues in use in the same State, the old number will be issued to the new owner.

The number awarded (and no other) shall be painted on, or attached to, each side of the bow (i.e. each side of the forward half of the vessel), so positioned as to be clearly legible. The numbers shall be in block characters, at least 3 inches high, of a color which will contrast with the background, and so maintained as to be clearly visible and legible.

Numbers awarded to boat manufacturers or boat dealers may be printed upon or attached to a removable sign temporarily but firmly mounted upon the boat being demonstrated or tested.

Each State shall, for a period of at least 90 days, recognize the validity of a number awarded to a vessel by another State or by the Coast Guard.

Nothing in this law interferes with, abrogates or limits the jurisdiction of any State. Any State system will be approved which is compatible with the Federal numbering system.

Boating Accidents

The operator of any boat involved in an accident must stop, render assistance, and offer identification. A written report must be filed within 48 hours if the accident caused death; if it injured any person so as to incapacitate for more than 72 hours or the accident resulted in physical damage to property in excess of $100, the report must be submitted in 5 days.

Boating accident report forms (CG—3865) are obtainable at any Coast Guard office or unit. They must be submitted by the operator to the nearest Coast Guard Officer in Charge, Marine Inspection, unless the operator is required to file an accident report with a State having an approved numbering system. Accident reports furnish information for use in accident prevention.

The Coast Guard will compile and publish statistics on vessels numbered and on boating accidents.

Law Enforcement

Coast Guard boarding vessels will be identified by the Coast Guard ensign, and personnel will be in uniform. A vessel under way, upon being hailed by a Coast Guard vessel or patrolboat, is required to stop immediately and lay to, or maneuver in such a way as to permit the boarding officer to come aboard. Failure to stop to permit boarding may subject the operator or owner to a penalty of $100.

A civil penalty may be imposed by the Coast Guard for reckless or negligent operation, for failure to obey the rules of the road, failure to comply with the regulations, etc.

There is no change in the law which provides for a fine of up to $2000 and imprisonment of not more than 1 year for the criminal offense of reckless or negligent operation of a vessel which endangers the life, limb, or property of any person.

Documenting

Not all vessels come within the provisions of the numbering act. For example, there are vessels registered, enrolled, licensed or documented in the Custom Houses; these with public vessels are not required to be numbered.

Yachts or boats used exclusively for pleasure which are of 20 net tons or over may be enrolled and licensed as yachts. Yachts of 5 net tons or over and less than 20 net tons may be licensed as yachts (except that those navigating waters of the northern, northeastern or northwestern frontiers otherwise than by sea would be enrolled and licensed). Vessels which are not used exclusively for pleasure and which are of 5 net tons or over must be documented.

The license of the vessel obtained from the Collector of Customs called a document is additional to and should not be confused with the license required for the operator of a motor boat carrying passengers for hire.

All vessels, registered, enrolled, or licensed, except yachts, must display their name and home port on the stern, and the name on each bow. Documented yachts must have the name and also the home port conspicuously placed on the hull. Tonnage measurement is necessary only in case of vessels required to be registered, enrolled or licensed.

Customs And Immigration Regulations

When an American yacht crosses the national boundaries of the United States to visit a foreign port, or a foreign yacht visits an American port, certain customs and immigration regulations must be complied with. Due to various provisions and exemptions applying to yachts, not engaged in trade, the procedure has been made so easy that there is nothing in these legal requirements to deter a pleasure craft from enjoying a cruise outside the limits of United States waters. Severe penalties are provided for failure to observe regulations, however.

It should be noted that customs and immigration inspections are two separate functions even though, in some of the smaller ports, they may be administered by a single official or his office. Separate offices handle these duties where traffic across the border is heavy.

Certain Inspection Requirements

While this information is published for the express information of owners of motorboats operated solely for pleasure or commercial fishing purposes, in view of the numerous inquiries received by the Coast Guard as to the application of the inspection laws of the United States to motor-propelled vessels, a general statement in this connection seems appropriate. Accordingly, owners and prospective owners of motorboats and motor vessels of above 15 gross tons are advised that if such vessels carry freight or passengers for hire, they are subject to annual inspection by the U. S. Coast Guard under the provisions of R. S. 4426 (46 U. S. C. 404) and may not be navigated in such service until a certificate of inspection has been issued. Motor-boats of not more than 65 feet in length, which are less than 100 gross tons, when carrying passengers for hire are only required to be operated by Coast Guard licensed operators. No other licensed officers may be required. Machinery-propelled vessels of above 15 gross tons and in excess of 65 feet in length, carrying freight or passengers for hire, must also be manned with such officers and crew as is determined by the proper Officer in Charge, Marine Inspection, U. S. Coast Guard, upon inspection of the vessel. The complement of such officers and crew is stated on the certificate of inspection. Machinery-propelled vessels of 100 gross tons, or over, generally speaking, are subject to all the provisions of the Seamen's Act of March 4, 1915, as amended. Complete information on these subjects may be obtained from any Officer in Charge, Marine Inspection, U. S. Coast Guard.

Further information in respect to the laws and regulations applicable to motorboats and motor vessels and for advice concerning the requirements for all vessels engaged in carrying freight or passengers for hire may be obtained from any Officer in Charge, Marine Inspection, U. S. Coast Guard, or from the Commandant (MVI), U. S. Coast Guard, Washington 25, D. C.

Vessels Carrying Passengers For Hire

Under the provisions of the Ray Act (Public Law 519) which became effective May 10, 1956, inspection is required, at least every three years, of all vessels carrying more than six persons for hire. Types of vessels specifically affected include sailing vessels of 700 gross tons or less; barges of 100 gross tons or less; and mechanically-propelled vessels of 15 gross tons or less (thus affecting, for example, the usual types of charter fishing boats). For detailed regulations, effective June 1, 1958, consult the Officer in Charge, Marine Inspection, U. S. Coast Guard.

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