Lapas attēli
PDF
ePub

duly licensed for such service by the Secretary of the department in which the Coast Guard is operating. Whenever any person applies to be licensed as operator of any motorboat, or of any other vessel of fifteen gross tons or less propelled by machinery, carrying passengers for hire, the Secretary shall make diligent inquiry as to his character, and shall carefully examine the applicant orally as well as the proofs which he presents in support of his claim, and if the Secretary is satisfied that his capacity, experience, habits of living, and character are such to warrant the belief that he can safely be entrusted with the duties and responsibilities of the station for which he makes application, the Secretary shall grant him a license authorizing him to discharge such duties on any such motorboat, or on any other vessel of fifteen gross tons or less propelled by machinery, carrying passengers for hire, for the term of five years. Such license shall be subject to suspension or revocation on the same grounds and in the same manner with like procedure as is provided in the case of suspension or revocation of licenses of officers under the provisions of section 239 of this title: Provided, That motorboats and other vessels of fifteen gross tons or less propelled by machinery shall not be required to carry licensed officers except as required in this subchapter: And provided further, That licenses herein prescribed shall not be required of motorboats or of any other vessels of fifteen gross tons or less propelled by machinery engaged in fishing contests previously arranged and announced. Fire extinguishers 46 U.S.C. 526g

Every motorboat and also every vessel propelled by machinery other than by steam more than sixty-five feet in length shall be provided with such number, size, and type of fire extinguishers, capable of promptly and effectually extinguishing burning gasoline, as may be prescribed by the regulations of the Commandant of the Coast Guard, which fire extinguishers shall be at all times kept in condition for immediate and effective use and shall be so placed as to be readily accessible. Exemption of racing outboard motorboats 46 U.S.C. 526h

The provisions of sections 4, 5, and 8 of this Act shall not apply to motorboats propelled by outboard motors while competing in any race previously arranged and announced or, if such boats be designed and intended solely for racing, while engaged in such navigation as is incidental to the tuning up of the boats and engines for the race. Carburetor flame arrestors and backfire traps 46 U.S.C. 526i

Every motorboat and also every vessel propelled by machinery other than by steam more than sixty-five feet in length shall have the carburetor or carburetors of every engine therein (except outboard motors) using gasoline or fuel, equipped with such efficient flame arrestor, backfire trap, or other similar device as may be pre

а

scribed by the regulations of the Commandant of the Coast Guard : Provided, That this section shall apply only to such motorboats or vessels, the construction of which or the replacement of the engine or engines of which is commenced subsequent to April 25, 1940. Ventilation of engine and fuel compartment bilges on open ves

sels using volatile liquids as fuel 46 U.S.C. 526j

Every such motorboat and every such vessel, except open boats, using as fuel any liquid of a volatile nature, shall be provided with such means as may be prescribed by regulations of the Commandant of the Coast Gaurd for properly and efficiently ventilating the bilges of the engine and fuel tank compartments so as to remove any explosive or inflammable gases: Provided, That this section shall apply only to such motorboats or vessels, the construction or decking over of which is commenced subsequent to April 25, 1940. Carrying copies of pilot rules 46 U.S.C. 526k

Motorboats shall not be required to carry on board copies of the pilot rules. Reckless or negligent operation of vessels; prohibition; accident

assistance, information and report 46 U.S.C. 5261

(a) No person shall operate any motorboat or any vessel in a reckless or negligent manner so as to endanger the life, limb, or property of any person. To "operate" means to navigate or otherwise use a motorboat or a vessel.

(b) In the case of collision, accident, or other casualty involving a motorboat or other vessel subject to this subchapter, it shall be the duty of the operator, if and so far as he can do so without serious danger to his own vessel, or persons aboard, to render such assistance as may be practicable and necessary to other persons affected by the collision, accident, or casualty in order to save them from danger caused by the collision, accident, or casualty. He shall also give his name, address, and identification of his vessel to any person injured and to the owner of any property damaged. The duties imposed by this subsection shall be in addition to any duties otherwise provided by law.

(c) In the case of collision, accident, or other casualty involving a motorboat or other vessel subject to this subchapter, the operator thereof, if the collision, accident, or other casualty results in death or injury to any person, or damage to property in excess of $100, shall file with the Secretary of the Department within which the Coast Guard is operating, unless such operator is required to file an accident report with the State under section 527a(c) (6) of this title, a full description of the collision, accident, or other casualty, including such information as the Secretary may by regulation require.

648108°-63—

for any

Reckless or negligent operation of vessels; prohibition; accident

assistance, information and report; penalty 46 U.S.C. 526m

Any person who shall operate any motorboat or any vessel in a reckless or negligent manner so as to endanger the life, limb, or property of any person shall be deemed guilty of a misdemeanor and on conviction thereof by any court of competent jurisdiction shall be punished by a fine not exceeding $2,000, or by imprisonment for a term of not exceeding one year, or by both such fine and imprisonment, at the discretion of the court. Reckless or negligent operation of vessels; prohibition; accident

assistance, information and report; arrest; procedure after

arrest 46 U.S.C. 526n

Any officer of the United States authorized to enforce the navigation laws of the United States, shall have power and authority to swear out process and to arrest and take into custody, with or without process, any person who may commit any act or offense prohibited by section 5261 of this title, or who may violate any provision of said section : Provided, That no person shall be arrested without process

offense not committed in the presence of some one of the aforesaid officials: Provided further, That whenever an arrest is made under the provisions of this Act, the person so arrested shall be brought forthwith before a commissioner, judge, or court of the United States for examination of the offense alleged against him, and such commissioner, judge, or court shall proceed in respect thereto as authorized by law in cases of crimes against the United States. Violations generally; penalties 46 U.S.C. 5260

If any motorboat or vessel subject to any of the provisions of this Act is operated or navigated in violation of this Act or any regulation issued thereunder, the owner or operator, either one or both of them, shall, in addition to any other penalty prescribed by law, be liable to a penalty of $100: Provided, That in the case of motorboats or vessels subject to the provisions of this Act carrying passengers for hire, a penalty of $200 shall be imposed on the owner or operator, either one or both of them, thereof for any violation of section 526e, 526f, or 526g of this title or of any regulations pertaining thereto. For any penalty incurred under this section the motorboat or vessel shall be held liable and may be proceeded against by way

of libel in the district court of any district in which said motorboat or vessel may be found. Regulations; remission or mitigation of fines 46 U.S.C. 526p

The Commandant of the Coast Guard shall establish all necessary regulations required to carry out in the most effective manner all of the provisions of this Act, and such regulations shall have the force of law. The Commandant of the Coast Guard or any officer of the Coast Guard authorized by the Commandant may, upon application therefor, remit or mitigate any fine, penalty, or forfeiture incurred under this Act or any regulation thereunder relating to motorboats or vessels, except the penalties provided for in section 526m of this title. The Commandant of the Coast Guard shall establish such regulations as may be necessary to secure the enforcement of the provisions of this Act by any officer of the United States authorized to enforce the navigation laws of the United States. Application of other laws 46 U.S.C. 526

The proviso contained in the last paragraph of section 223 of this title shall apply also with like force and effect to motorboats as defined in this Act.

Motorboats as defined in this Act are hereby exempted from the provisions of section 361 of this title. Laws unaffected 46 U.S.C. 526r

Nothing in this Act shall be deemed to alter or amend section 367 or 391a of this title, or repeal Acts of Congress or treaties embodying or revising international rules for preventing collisions at sea. Application of subchapter; "State" defined 46 U.S.C. 526u

(a) This subchapter shall apply to every motorboat or vessel on the navigable waters of the United States, Guam, the Virgin Islands, the Commonwealth of Puerto Rico, and the District of Columbia, and every motorboat or vessel owned in a state and using the high

(b) As used in this subchapter

The term “State” means a State of the United States, Guam, the Virgin Islands, the Commonwealth of Puerto Rico, and the District of Columbia.

seas.

FEDERAL BOATING PROGRAM OF 1958

Definitions
46 U.S.C. 527
As used in this subchapter-

(1) the term "undocumented vessel” means any vessel which is not required to have, and does not have, a valid marine document issued by the Bureau of Customs.

(2) The word “vessel” includes every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water.

(3) The word “Secretary” means the Secretary of the Department in which the Coast Guard is operating.

(4) The word “owner” means the person who claims lawful possession of a vessel by virtue of legal title or equitable interest therein which entitles him to possession.

(5) The term "State" means a State of the United States, the Commonwealth of Puerto Rico, the Virgin Islands, Guam and the District of Columbia. Numbering of vessels 46 U.S.C. 527a

(a) Every undocumented vessel propelled by machinery of more than 10 horsepower, whether or not such machinery is the principal source of propulsion, using the navigable water of the United States, the Commonwealth of Puerto Rico, the Virgin Islands, Guam and the District of Columbia, and every such vessel owned in a State and using the high seas, shall be numbered in accordance with this subchapter, except

(1) foreign vessels temporarily using the navigable waters of the United States, the Commonwealth of Puerto Rico, the Virgin Islands, Guam and the District of Columbia;

(2) public vessels of the United States;
(3) State and municipal vessels;
(4) ships' lifeboats; and

(5) vessels designated by the Secretary under section 527d(b) of this title.

(b) The owner of an undocumented vessel required to be numbered under subsection (a) of this section shall secure a number for such vessel in the State in which it is principally used, in accordance with the State numbering system approved by the Secretary in accordance with subsection (c) of this section, or if no such numbering system has been approved by the Secretary for the State where such vessel is principally used, shall secure a number for such vessel in accordance with subsection (d) of this section.

(c) The Secretary shall establish an overall numbering system for the numbering of vessels required to be numbered under subsection (a) of this section. He shall approve any State system for numbering vessels which is submitted to him which meets the standards set forth below:

(1) The system of numbering shall be in accordance with the overall system of numbering established by the Secretary.

« iepriekšējāTurpināt »