§4105 — Title 46 Shipping | U.S. Code

Summary

Allows certain uninspected passenger boats to carry up to 12 passengers instead of 6. For boats under 24 meters that carry people to or from a port in the U.S. Virgin Islands, the 12-passenger limit applies if the boat meets either the Yellow Code (safety rules for small commercial motor vessels) or the Blue Code (safety rules for small commercial sailing vessels) as published by the U.K. Maritime and Coastguard Agency and in effect on January 1, 2014. Boats under 25 feet on Crane Lake or nearby waters in St. Louis County, Minnesota, also get the 12-passenger rule. If the Secretary writes official standards to apply these rules, those standards must match the Yellow or Blue Code exactly, and until the standards start, the Codes apply. The Secretary must also set extra safety rules by regulation. Those rules can require additional gear (like liferafts), stronger construction, or extra operating limits for the uninspected passenger vessels named in section 2101(55)(A).

Title 46, §4105

Shipping — Source: USLM XML via OLRC

(a)Chapter 43 of this title applies to an uninspected passenger vessel.

(b)(1)In applying this title with respect to an uninspected vessel of less than 24 meters overall in length that carries passengers to or from a port in the United States Virgin Islands, the Secretary shall substitute “12 passengers” for “6 passengers” each place it appears in section 2101 if the Secretary determines that the vessel complies with, as applicable to the vessel—

(A)the Code of Practice for the Safety of Small Commercial Motor Vessels (commonly referred to as the “Yellow Code”), as published by the U.K. Maritime and Coastguard Agency and in effect on January 1, 2014; or

(B)the Code of Practice for the Safety of Small Commercial Sailing Vessels (commonly referred to as the “Blue Code”), as published by such agency and in effect on such date.

(2)If the Secretary establishes standards to carry out this subsection—

(A)such standards shall be identical to those established in the Codes of Practice referred to in paragraph (1); and

(B)on any dates before the date on which such standards are in effect, the Codes of Practice referred to in paragraph (1) shall apply with respect to the vessels referred to in paragraph (1).

(c)In applying this title with respect to an uninspected vessel of less than 25 feet overall in length that carries passengers on Crane Lake or waters contiguous to such lake in St. Louis County, Minnesota, the Secretary shall substitute “12 passengers” for “6 passengers” each place it appears in section 2101.

(d)The Secretary shall, by regulation, require certain additional equipment which may include liferafts or other lifesaving equipment, construction standards, or specify additional operating standards for those uninspected passenger vessels defined in section 2101(55)(A) of this title.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource section (U.S. Code) 410546:145246:1453 section 4105 provides that an uninspected passenger vessel is subject to Chapter 43, as a recreational vessel even when it is carrying not more than six passengers.

Editorial Notes

Amendments

2025—Subsec. (d). Pub. L. 119–60 substituted “section 2101(55)(A)” for “section 2101(53)(A)”. 2022—Subsec. (b)(1). Pub. L. 117–263, § 11601(c)(2)(A), substituted “section 2101” for “section 2101(51)” in introductory provisions. Subsec. (c). Pub. L. 117–263, § 11601(c)(2)(A), substituted “section 2101” for “section 2101(51)”. Subsec. (d). Pub. L. 117–263, § 11601(c)(2)(B), substituted “section 2101(53)(A)” for “section 2101(51)(A)”. 2018—Subsec. (b)(1). Pub. L. 115–232, § 3541(b)(10)(A), substituted “section 2101(51)” for “section 2101(42)” in introductory provisions. Subsec. (c). Pub. L. 115–282, § 502(2), added subsec. (c). Former subsec. (c) redesignated (d). Pub. L. 115–232, § 3541(b)(10)(B), substituted “section 2101(51)(A)” for “section 2101(42)(A)”. Subsec. (d). Pub. L. 115–282, § 502(1), redesignated subsec. (c) as (d). 2014—Subsecs. (b), (c). Pub. L. 113–281 added subsec. (b), redesignated former subsec. (b) as (c), and in subsec. (c) substituted “The” for “Within twenty-four months of the date of enactment of this subsection, the”. 1993—Pub. L. 103–206 designated existing provisions as subsec. (a) and added subsec. (b).

§4105 Uninspected passenger vessels