§4312 — Title 46 Shipping | U.S. Code

Summary

Manufacturers, distributors, and dealers who install engines on small recreational boats must put an engine cut-off switch and a lanyard on those boats. The switch and lanyard must meet American Boat and Yacht Council Standard A–33 as it existed when the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282) was passed. A person driving a covered boat must use the lanyard when the boat is on plane or going faster than displacement speed, unless the main steering is inside an enclosed cabin or the boat is not required to have a switch. The Commandant of the Coast Guard may run a safety program about cut-off switches, and must send the A–33 standard to Congress, a Coast Guard office, and the National Archives within 90 days and keep it available to the public. Covered recreational vessel: a boat under 26 feet that can make 115 pounds or more of static thrust. Dealer: sells boats to end buyers (not for resale). Distributor: sells boats for resale. Equipment manufacturer: makes or imports boats or boat parts. Propulsion machinery: self-contained engine systems (inboard, outboard, sterndrive). Static thrust: the push an engine makes while the boat is not moving.

Title 46, §4312

Shipping — Source: USLM XML via OLRC

(a)A manufacturer, distributor, or dealer that installs propulsion machinery and associated starting controls on a covered recreational vessel shall equip such vessel with an engine cut-off switch and engine cut-off switch link that meet American Boat and Yacht Council Standard A–33, as in effect on the date of the enactment of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282).

(b)(1)An individual operating a covered recreational vessel shall use an engine cut-off switch link while operating on plane or above displacement speed.

(2)The requirement under paragraph (1) shall not apply if—

(A)the main helm of the covered vessel is installed within an enclosed cabin; or

(B)the vessel does not have an engine cut-off switch and is not required to have one under subsection (a).

(c)The Commandant of the Coast Guard, through the National Boating Safety Advisory Committee established under section 15105, may initiate a boating safety program on the use and benefits of cut-off switches for recreational vessels.

(d)(1)Not later than 90 days after the date of the enactment of this section, the Commandant shall transmit American Boat and Yacht Council Standard A–33, as in effect on the date of enactment of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282), to—

(A)the Committee on Transportation and Infrastructure of the House of Representatives;

(B)the Committee on Commerce, Science, and Transportation of the Senate; and

(C)the Coast Guard Office of Design and Engineering Standards; and

(D)the National Archives and Records Administration.

(2)The standard submitted under paragraph (1) shall be kept on file and available for public inspection at such Coast Guard office and the National Archives and Records Administration.

(e)In this section:

(1)The term “covered recreational vessel” means a recreational vessel that is—

(A)less than 26 feet overall in length; and

(B)capable of developing 115 pounds or more of static thrust.

(2)The term “dealer” means any person who is engaged in the sale and distribution of recreational vessels or associated equipment to purchasers whom the seller in good faith believes to be purchasing any such vessel or associated equipment for purposes other than resale.

(3)The term “distributor” means any person engaged in the sale and distribution of recreational vessels and associated equipment for the purposes of resale.

(4)The term “equipment manufacturer” means any person engaged in the manufacture, construction, or assembly of recreational vessels or associated equipment, or the importation of recreational vessels into the United States for subsequent sale.

(5)The term “propulsion machinery” means a self-contained propulsion system, and includes, but is not limited to, inboard engines, outboard motors, and sterndrive engines.

(6)The term “static thrust” means the forward or backwards thrust developed by propulsion machinery while stationary.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The date of enactment of the Frank LoBiondo Coast Guard Authorization Act of 2018, referred to in subsecs. (a) and (d)(1), is the date of enactment of Pub. L. 115–282, which was approved Dec. 4, 2018. The date of the enactment of this section, referred to in subsec. (c)(1), is the date of enactment of Pub. L. 115–282, which was approved Dec. 4, 2018.

Amendments

2021—Pub. L. 116–283, § 8507(a)(2), substituted “Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282)” for “Coast Guard Authorization Act of 2017” in two places. Subsecs. (b) to (e). Pub. L. 116–283, § 8316(a), added subsec. (b) and redesignated former subsecs. (b) to (d) as (c) to (e), respectively.

Statutory Notes and Related Subsidiaries

Effective Date

of 2021 AmendmentAmendment by Pub. L. 116–283 effective 90 days after Jan. 1, 2021, unless the Commandant of the Coast Guard, prior to the date that is 90 days after Jan. 1, 2021, determines that the use requirement enacted in section 8316(a) of Pub. L. 116–283 (amending this section) would not promote recreational boating safety. See section 8316(c) of Pub. L. 116–283, set out as a note under section 4311 of this title.

Effective Date

Pub. L. 115–282, title V, § 503(c), Dec. 4, 2018, 132 Stat. 4271, provided that: “Section 4312 of title 46, United States Code, as amended [probably should be “enacted”] by this section, shall take effect one year after the date of the enactment of this Act [Dec. 4, 2018].”

§4312 Engine Cut-off Switches

Summary

Title 46, §4312

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata