§8101 — Title 46 Shipping | U.S. Code

Summary

The inspection certificate for a vessel must list how many licensed officers and crew are needed for safe operation. For sailing school vessels, the list can count instructors and students who help. For mobile offshore drilling units, it must reflect the unit’s special work. For tank vessels, it must cover navigation, cargo handling, and maintenance to protect life, property, and the environment. The Secretary can change the required crew by adding an endorsement to the certificate, and officials’ staffing decisions can be appealed under rules. A vessel may not operate unless it has the complement shown on its certificate. If a crew member is lost for reasons beyond the owner’s or master’s fault, the master must hire replacements of the same or higher grade if they are available. If the vessel can still be safely manned and replacements aren’t available, it may sail, but the master must report in writing to the Secretary within 12 hours after arriving what caused each vacancy. Failure to report = $1,000 per missing person. Owners or operators who don’t have the required crew face a $10,000 penalty. Anyone working as a master, mate, engineer, radio officer, or pilot must be licensed or face up to $10,000 per day. Small freight, small passenger, and sailing school vessels that are undermanned face a $1,000 penalty and the vessel can be held for the fine. If the two next most senior licensed officers reasonably think the person in charge is intoxicated or drugged and can’t command, the next most senior licensed officer must relieve that person, take temporary command, log the event if required, and report it to the Secretary immediately by the fastest means and in writing within 12 hours after the vessel reaches its next port.

Title 46, §8101

Shipping — Source: USLM XML via OLRC

(a)The certificate of inspection issued to a vessel under part B of this subtitle shall state the complement of licensed individuals and crew (including lifeboatmen) considered by the Secretary to be necessary for safe operation. A manning requirement imposed on—

(1)a sailing school vessel shall consider the participation of sailing school instructors and sailing school students in the operation of that vessel;

(2)a mobile offshore drilling unit shall consider the specialized nature of the unit; and

(3)a tank vessel shall consider the navigation, cargo handling, and maintenance functions of that vessel for protection of life, property, and the environment.

(b)The Secretary may modify the complement, by endorsement on the certificate, for reasons of changed conditions or employment.

(c)A requirement made under this section by an authorized official may be appealed to the Secretary under prescribed regulations.

(d)A vessel to which this section applies may not be operated without having in its service the complement required in the certificate of inspection.

(e)When a vessel is deprived of the service of a member of its complement without the consent, fault, or collusion of the owner, charterer, managing operator, agent, master, or individual in charge of the vessel, the master shall engage, if obtainable, a number of members equal to the number of those of whose services the master has been deprived. The replacements must be of the same or a higher grade or rating than those whose places they fill. If the master finds the vessel is sufficiently manned for the voyage, and replacements are not available to fill all the vacancies, the vessel may proceed on its voyage. Within 12 hours after the vessel arrives at its destination, the master shall report in writing to the Secretary the cause of each deficiency in the complement. A master failing to make the report is liable to the United States Government for a civil penalty of $1,000 for each deficiency.

(f)The owner, charterer, or managing operator of a vessel not manned as required by this section is liable to the Government for a civil penalty of $10,000.

(g)A person may not employ an individual as, and an individual may not serve as, a master, mate, engineer, radio officer, or pilot of a vessel to which this part applies or which is subject to inspection under chapter 33 of this title if the individual is not licensed by the Secretary. A person (including an individual) violating this subsection is liable to the Government for a civil penalty of not more than $10,000. Each day of a continuing violation is a separate offense.

(h)The owner, charterer, or managing operator of 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, a small passenger vessel, or a sailing school vessel not manned as required by this section is liable to the Government for a civil penalty of $1,000. The vessel also is liable in rem for the penalty.

(i)When the 2 next most senior licensed officers on a vessel reasonably believe that the master or individual in charge of the vessel is under the influence of alcohol or a dangerous drug and is incapable of commanding the vessel, the next most senior master, mate, or operator licensed under section 7101(c)(1) or (3) of this title shall—

(1)temporarily relieve the master or individual in charge;

(2)temporarily take command of the vessel;

(3)in the case of a vessel required to have a log under chapter 113 of this title, immediately enter the details of the incident in the log; and

(4)report those details to the Secretary—

(A)by the most expeditious means available; and

(B)in written form transmitted within 12 hours after the vessel arrives at its next port.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource section (U.S. Code) 810146:22246:22446:446d section 8101 provides for the required composition of the complement of licensed individuals and crew of an inspected vessel when being operated. Subsection (a) requires that the certificate of inspection for a vessel state the manning necessary for safe navigation. Manning means the complement of licensed officers and crew (including lifeboatmen). Any manning requirements for sailing school vessels shall take into account the participation of sailing school instructors and sailing school students in the operation of those vessels. Subsection (b) permits the Secretary to modify the manning requirements for reasons of changed conditions or employment. Subsection (c) permits an appeal to the Secretary of any manning requirements made by an authorized official. Subsection (d) prohibits the operation of a vessel without the manning required in the vessel’s certificate of inspection. When a vessel has a vacancy in the manning required by its certificate of inspection without the consent, fault, or collusion of anyone responsible for the management or operation of the vessel, subsection (e) requires that the master hire replacements, if possible, in the same or higher grade or rating. However, if the master finds the vessel sufficiently manned and replacements are not available, the vessel may proceed on its voyage. Within 12 hours of arrival at its destination, the master is required to file a written report with the Secretary stating the cause of each deficiency or be liable for a civil penalty. The report of deficiency should include both the reason for the vacancy in the first instance and the reason for the unavailability of a qualified replacement. Subsections (f), (g) and (h) prescribe civil penalties for noncompliance with manning requirements. Subsection (g) also prohibits the employment or service of an individual in a licensed capacity who is not licensed by the Secretary.

Editorial Notes

Amendments

1996—Subsec. (h). Pub. L. 104–324 inserted “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” after “100 gross tons”. 1990—Subsec. (a)(3). Pub. L. 101–380, § 4114(c), added par. (3). Subsec. (e). Pub. L. 101–380, § 4302(e)(1), substituted “$1,000” for “$50”. Subsec. (f). Pub. L. 101–380, § 4302(e)(2), substituted “$10,000” for “$100, or, for a deficiency of a licensed individual, a penalty of $500”. Subsec. (g). Pub. L. 101–380, § 4302(e)(3), substituted “$10,000” for “$500”. Subsec. (i). Pub. L. 101–380, § 4104, added subsec. (i). 1986—Subsec. (a). Pub. L. 99–640 amended subsec. (a) generally, inserting cl. (1) designation before “a sailing school” and adding cl. (2). 1984—Subsec. (g). Pub. L. 98–557 substituted provisions relating to inspection under chapter 33 of this title, for provisions relating to applicability of part B of this subtitle.

Statutory Notes and Related Subsidiaries

Effective Date

of 1990 AmendmentAmendment by Pub. L. 101–380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101–380, set out as an

Effective Date

note under section 2701 of Title 33, Navigation and Navigable Waters.

§8101 Complement of inspected vessels

Summary

Title 46, §8101

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata