46 USC 8904 - Towing vessels

Collapse to view only § 8904. Towing vessels

§ 8901. Freight vessels
§ 8902. Small passenger vessels
§ 8903. Self-propelled, uninspected passenger vessels
§ 8904. Towing vessels
§ 8905. Exemptions
§ 8906. Penalty

§ 8901. Freight vessels

A freight vessel of less than 100 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title shall be operated by an individual licensed by the Secretary to operate that type of vessel in the particular geographic area, under prescribed regulations.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 555; Pub. L. 104–324, title VII, § 733, Oct. 19, 1996, 110 Stat. 3941.)

§ 8902. Small passenger vessels

A small passenger vessel shall be operated by an individual licensed by the Secretary to operate that type of vessel in the particular geographic area, under prescribed regulations.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 555.)

§ 8903. Self-propelled, uninspected passenger vessels

A self-propelled, uninspected passenger vessel shall be operated by an individual licensed by the Secretary to operate that type of vessel, under prescribed regulations.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 555; Pub. L. 99–307, § 1(14)(B), (C), May 19, 1986, 100 Stat. 446.)

§ 8904. Towing vessels

(a) A towing vessel that is at least 26 feet in length measured from end to end over the deck (excluding sheer), shall be operated by an individual licensed by the Secretary to operate that type of vessel in the particular geographic area, under prescribed regulations.

(b) A vessel that tows a disabled vessel for consideration shall be operated by an individual licensed by the Secretary to operate that type of vessel in the particular geographic area, under prescribed regulations.

(c) The Secretary may prescribe by regulation requirements for maximum hours of service (including recording and recordkeeping of that service) of individuals engaged on a towing vessel that is at least 26 feet in length measured from end to end over the deck (excluding the sheer).

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 555; Pub. L. 99–640, § 12(a), Nov. 10, 1986, 100 Stat. 3550; Pub. L. 108–293, title IV, § 409(a), Aug. 9, 2004, 118 Stat. 1044.)

§ 8905. Exemptions

(a)Section 8903 of this title applies to a recreational vessel operated in dealer demonstrations only if the Secretary decides that the application of section 8903 is necessary for recreational vessel safety under section 4302(d) of this title.

(b)Section 8904 of this title does not apply to an oil spill response vessel while engaged in oil spill response or training activities.

(c) After consultation with the Governor of Alaska and the State boating law administrator of Alaska, the Secretary may exempt an individual operating a self-propelled uninspected passenger vessel from the requirements of section 8903 of this title, if—

(1) the individual only operates such vessel wholly within waters located in Alaska; and

(2) such vessel is—

(A) 26 feet or less in length; and

(B) carrying not more than 6 passengers.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 556; Pub. L. 104–324, title VII, § 734, title XI, § 1104(f), Oct. 19, 1996, 110 Stat. 3941, 3967; Pub. L. 111–281, title VI, § 606, Oct. 15, 2010, 124 Stat. 2967; Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], § 8317, Jan. 1, 2021, 134 Stat. 4700.)

§ 8906. Penalty

An owner, charterer, managing operator, agent, master, or individual in charge of a vessel operated in violation of this chapter or a regulation prescribed under this chapter is liable to the United States Government for a civil penalty of not more than $25,000. The vessel also is liable in rem for the penalty.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 556; Pub. L. 104–324, title III, § 306(b), Oct. 19, 1996, 110 Stat. 3918.)