FEDERAL LAWS & REGULATIONS
All boating and shipping are subject to laws and regulations. The former consists of acts of Congress that provide basic policies and rules upon which more specific and detailed regulations may be based. Regulations have the advantage of flexibility because they can be created, modified, or revoked more easily than laws, whose changes are subject to the full legislative process; see Figure 2-03.
People ask
Although the Motorboat Act of 1940 (MBA/40) is no longer generally applicable to the "boats" of the 1971 act, the Coast Guard regulations that implemented the MBA/40 are retained and will remain in effect until replaced. The MBA/40 also remains in effect for commercial craft, such as fishing boats, less than 65 feet (19.8 m) in length.
Class A less than 16 feet (4-9 m) in length
Class 1 16 feet and over, but less than 26 feet (7-9 m) in length
Class 2 26 feet and over, but less than 40 feet (12.2 m) in length
Class 3 40 feet and over, but not more than 65 feet (19.8 m)
Note: As mentioned, regulations derived from the authority of the FBSA/71 have no upper limit of length. A number of FBSA/71 requirements use a 20 foot (6.1 m) length as a cutoff limit.
Numbering of Boats
The FBSA/71 provides a system of boat numbering that is uniform throughout the United States, although the act directs the actual process of issuing certificates and number assignments to be done individually by the states.
The FBSA/71 establishes broad standards for the numbering of vessels and provides for the issuance of more detailed regulations by the "Secretary." The individual states prepare their boat-numbering laws and regulations in accordance with federal standards and then submit them to the Secretary for approval.
The Secretary can later withdraw approval if the state does not administer its system in accordance with the federal requirements.
Vessels Subject to Numbering The FBSA/71 requires the numbering of all vessels used on waters subject to federal jurisdiction, or on the high seas if owned in the U.S., that are equipped Hith propulsion machinery regardless of horsepower. Exempted are foreign boats temporarily in U.S. waters, documented vessels, ships' lifeboats, and governmental vessels other than recreational-type craft. (States may require the registration of documented boats, and the payment of fees, even though they are not numbered.) A state numbering system may require the numbering of other craft (sailboats, rowboats, etc.) unless prohibited by federal legislation; see Figure 2-06. States may exempt craft used solely for racing.
Special provisions are made for tenders (dinghies) carried onboard for other than lifesaving purposes.
"State of Principal Use" The FBSA/71 requires that a boat have a number obtained from "the State in which the vessel is principally used." (Documented vessels are not required to display the state number on the hull.) This has been interpreted literally where the boat is most often used on the water; i.e., not necessarily the state where the owner lives, nor the state in which the boat might customarily be set on its trailer. The term "used" is taken as meaning the time that the vessel is "on" the navigable waters of the United States, whether in motion, at anchor, at a mooring, or in a slip; see Figure 2-07
Certificate of Number The identification number issued for a vessel is shown on a CERTIFICATE OF NUMBER. This certificate must be on board whenever the vessel is in use (with exceptions for small rental boats). The FBSA/71 specifies that a Certificate of Number must be of "pocket-size"; see Figure 2-08. Any person using a boat must present its certificate for inspection at the request of any law enforcement officer.
Federal law states that a certificate may not be valid for more than three years; many states issue registrations for shorter periods. All certificates may, of course, be renewed at or prior to expiration date.
Numbering Systems The specific details of boat-numbering are covered in Coast Guard regulations. The number pattern has two parts: a two-letter symbol identifying the state of principal use and a combination of numerals and letters for individual identification. For most states, the two-letter abbreviation is the same as that used by the U.S. Postal Service; in a few states, it is different.
The individual identification consists of not more than four Arabic numerals and two capital letters, or not more than three such numerals and three such letters; fewer numbers or letters may be used. The letters "I," "O," and "Q" are not used because they can be mistaken for the numerals "1" and "0"
Numbers for Dinghies A state has the option of exempting dinghies from the numbering regulation. In such states, if used with a numbered vessel, a dinghy equipped Ivith a motor of less than 10 horsepower need not be individually registered and numbered if it is "used as a tender for direct transportation between that vessel and the shore and has no other purpose." The dinghy must display the number of the parent boat followed by the suffix "1" separated from the last letter by a space or hyphen as used in the basic number; for example, DC -4567-ED -1 or DC 4567 ED 1.
A dinghy used vöth a vessel not having a number, such as a documented boat, must be registered and have its own number as for any other boat if it is propelled by a motor of any horsepower.
Size & Style of Numbers The regulations require that boat numbers be clearly legible, and also contain specifications for style and size. The letters and numerals must be plain (no border or trim) vertical block characters not less than three inches in height. They must not be slanting or script style; see Figure 2-09. The numbers and letters should all be of the same color.
Contrast Numbers must provide good contrast vöth their background black on white or white on black best meets this requirement. A backing or mounting plate may be used but must be of sufficient size to provide good contrast for the numbers, and thus good legibility, without regard to the hull color.
Display of Numbers The identification number must be painted on, or attached to, each side of the forward half of the vessel, and no other number may be displayed there. (This does not apply to serial numbers on small validation stickers that some states issue to note payment of current fees.) In most cases the numbers are quite near the bow, but since they need be displayed only on the boat's "forward half" it is sensible, on boats with considerable bow flare, to place the numbers far enough aft to be on a more nearly vertical surface and thus more visible; see Figure 2-10. Inflatable boats may be marked using flexible vinyl or lubber numbers or by adhering the markings to demountable plastic plates.
Numbers are placed on a boat so as to read from left to right on both sides of the bow. They may be on the hull or on a permanent superstructure. The digits between the two sets of letters in the total number must be separated from those letters by hyphens or spaces. The hyphen or blank space must be equal to the width of any letter other than "I" or any numeral other than "1"; refer to Figure 2-09.
Identification numbers must be maintained properly to ensure legibility at all times.
Names or insignia may be displayed on the bow of a boat, but they must not detract from the legibility of the registration numbers. Only one set of numbers may be displayed at any time. If a boat is transferred to a new state, the old numbers must be removed.
Applications & Renewals The addresses of state boat registration offices can be found on the various state government websites. The same numbers are reassigned for each registration period by a regular renewal certificate. Upon transfer of ownership, if the boat continues in the same state of principal use, the old numbers stay on the craft and are assigned to the new owner.
Numbers may not be transferred from one boat to another, except for special dealers' and manufacturers' numbers issued for demonstrating, transporting, or testing boats.
Fees Under the FBSA/71, states may set their 01,vn fees for registering and numbering boats. Fees vary widely from state to state—in some jurisdictions, they merely cover the cost of administering the numbering program; in others, they are sources of revenue for the state.
The 1971 law specifically provides that a state may require proof of payment of state and local sales, use, and excise taxes before issuing Certificate of Number. Withholding certification on any other grounds is not authorized, except that a title or proof of ownership may be required.
Reciprocity Vimen a vessel is numbered in its state of principal use, it IS considered as in compliance with the numbering system of any state in which it is temporarily used. There is no specific time limit stated in the federal law such use is truly "temporary"; states often set their own time limits. This is of considerable advantage to boaters who may cruise or trailer their craft is of state waters for vacation.
When a vessel is taken to a new state of principal use, that state must recognize the validity of its number for at least 60 days before requiring new registration.
Notification of Changes If a boat is destroyed, or abandoned, or sold, or used for more than 60 days in a state other than the one that issued its certificate, or if it is documented, a report must be made to the issuing office -within 15 days. The boat's certificate becomes invalid and must be surrendered, and its numbers (and any validation stickers) must be removed. A report must also be made if the boat is stolen and when recovered after having been stolen. An owne€s change of address must be reported to the issuing office within 15 days. A change of motor need not be reported.
All boating and shipping are subject to laws and regulations. The former consists of acts of Congress that provide basic policies and rules upon which more specific and detailed regulations may be based. Regulations have the advantage of flexibility because they can be created, modified, or revoked more easily than laws, whose changes are subject to the full legislative process; see Figure 2-03.
People ask
- Does a documented boat need to be registered?
- What is a certificate of documentation?
- What size boat do you have to register?
- Why should I document my boat?
Plan Your Cruise The boat is in perfect shape, and the weather is looking good. Where will you go? What will you do? Why, plan your cruise, of course. Opt for the kind that you and your crew will enjoy without breaking your budget, then learn how to figure out the cruising time to a destination, and how to decide if a particular harbor or marina is right for you.
U.S. Coast Guard Regulations
Most federal boating regulations are issued by the United States Coast Guard under authority given by Congress to the "Secretary of the Department in which the Coast Guard is operating." This rather cumbersome wording is necessary because federal law permits the transfer of this armed service from its present peacetime Department (Homeland Security) to its wartime Department (Navy). The authority given by the U.S. Congress to the Department Secretary is, in most instances, routinely delegated to the Commandant of the Coast Guard.
Coast Guard regulations cover a wide variety of matters including boat equipment and operation, lights for vessels, aids to navigation, inland waters demarcation lines mentioned earlier, and other topics; see Figure 2-04.
For technical questions regarding regulations, and information not usually available from local Coast Guard district offices, the U.S. Coast Guard maintains an online boating safety resource center at www.uscgboating.org. Direct access to federal regulations, federal laws, state boating laws, navigation rules, Federal Register, and Boatbuilder's Handbook is available from that same website's home page. The home page for the U.S. Coast Guard itself is www.uscg.mil.
Other Regulatory Agencies
Boaters on some waters will also be affected by regulations issued by other federal agencies such as the U.S. Army Corps of Engineers and the National Park Service (see Chapter 22, Inland Boating). The operation of radio and radar transmitters on boats on all waters is subject to the rules and regulations of the Federal Communications Commission (FCC) as explained in Chapter 20.
Federal Boat Safety Act of 1971
The Federal Boat Safety Act of 1971 (FBSA/71) authorizes the "Secretary" to establish minimum safety standards for boats and "associated equipment," provides for numbering of all undocumented vessels equipped •vvith propulsion machinery, directs that a "Boating Safety Advisory Council" be established, and authorizes financial assistance to the states for boating safety programs.
Definition of Terms
The FBSA/71 definitions, modified by the Passenger Vessel Safety Act of 1993 (PVSA/93), must be clearly understood, as they directly affect its applicability. In this act, the word "vessel" includes every description of watercraft, other than a seaplane, that can be used as a means of transportation on the water; see Figure 2-05. The term "boat" is limited to the following categories of vessels:
• Those manufactured or used primarily for noncommercial use.
• Those leased, rented, or chartered to another for the latter's noncommercial use.
• Those engaged in the carrying of six or fewer passengers for hire.
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| Figure 2-05 All personal Watercraft (PWC) are considered to be 'boats" or 'vessels" and are subject to all laws and regulations covering such craft. |
Applicability
The FBSA/71 applies to vessels and associated equipment used, or to be used, or carried on vessels on waters subject to the jurisdiction of the United States. This act also applies to every vessel owned in a "State" and used on the high seas—used on the waters beyond the territorial jurisdiction of the United States.
Certain limited categories of vessels are excluded from coverage by the FBSA/71; these include foreign vessels, military or public vessels of the United States (except for recreational-type craft, which are included), vessels owned by a state or political subdivision thereof and used primarily for governmental purposes, and ships' lifeboats.
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Figure 2-06 Although it is not a U.S. federal requirement, in some states sailboats without mechanical power must be registered. All boats, including this sailboat, are subject to US. Coast Guard requirements for equipment such as lifejackets.
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Regulations
Although the Motorboat Act of 1940 (MBA/40) is no longer generally applicable to the "boats" of the 1971 act, the Coast Guard regulations that implemented the MBA/40 are retained and will remain in effect until replaced. The MBA/40 also remains in effect for commercial craft, such as fishing boats, less than 65 feet (19.8 m) in length.Classes of Boats
For the purpose of applying graduated requirements for equipment as the size of the craft increases, the MBA/40 divides all motorboats into four "classes" based on length. This is "length overall" (LOA) as measured in a straight line parallel to the keel from the foremost part of the vessel to the aftermost part, excluding sheer and excluding bowsprits, boomkins, rudders abaft the transom, outboard motor brackets, etc. (refer to "Orienting Yourself on Board").Class A less than 16 feet (4-9 m) in length
Class 1 16 feet and over, but less than 26 feet (7-9 m) in length
Class 2 26 feet and over, but less than 40 feet (12.2 m) in length
Class 3 40 feet and over, but not more than 65 feet (19.8 m)
Note: As mentioned, regulations derived from the authority of the FBSA/71 have no upper limit of length. A number of FBSA/71 requirements use a 20 foot (6.1 m) length as a cutoff limit.
Required Equipment
The regulations of the MBA/40, applicable until superseded by new rules, contain provisions for required equipment, including personal flotation devices, fire extinguishers, and other items (see Chapter 3). It is specifically stated in the FBSA/71 that regulations nill be issued covering items not now required on board, such as ground tackle and navigation equipment, but this has not yet been done. Any such new requirements will not become effective •without considerable study and wide publicity.Numbering of Boats
The FBSA/71 provides a system of boat numbering that is uniform throughout the United States, although the act directs the actual process of issuing certificates and number assignments to be done individually by the states.
The FBSA/71 establishes broad standards for the numbering of vessels and provides for the issuance of more detailed regulations by the "Secretary." The individual states prepare their boat-numbering laws and regulations in accordance with federal standards and then submit them to the Secretary for approval.
The Secretary can later withdraw approval if the state does not administer its system in accordance with the federal requirements.
Vessels Subject to Numbering The FBSA/71 requires the numbering of all vessels used on waters subject to federal jurisdiction, or on the high seas if owned in the U.S., that are equipped Hith propulsion machinery regardless of horsepower. Exempted are foreign boats temporarily in U.S. waters, documented vessels, ships' lifeboats, and governmental vessels other than recreational-type craft. (States may require the registration of documented boats, and the payment of fees, even though they are not numbered.) A state numbering system may require the numbering of other craft (sailboats, rowboats, etc.) unless prohibited by federal legislation; see Figure 2-06. States may exempt craft used solely for racing.
Special provisions are made for tenders (dinghies) carried onboard for other than lifesaving purposes.
"State of Principal Use" The FBSA/71 requires that a boat have a number obtained from "the State in which the vessel is principally used." (Documented vessels are not required to display the state number on the hull.) This has been interpreted literally where the boat is most often used on the water; i.e., not necessarily the state where the owner lives, nor the state in which the boat might customarily be set on its trailer. The term "used" is taken as meaning the time that the vessel is "on" the navigable waters of the United States, whether in motion, at anchor, at a mooring, or in a slip; see Figure 2-07
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Figure 2-07 A boat must be registered and numbered in its "state of principal use" even though this is not the state of the owner's residence nor even that of where the boat may be stored on its trailer when out of the water (dry-docked).
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Certificate of Number The identification number issued for a vessel is shown on a CERTIFICATE OF NUMBER. This certificate must be on board whenever the vessel is in use (with exceptions for small rental boats). The FBSA/71 specifies that a Certificate of Number must be of "pocket-size"; see Figure 2-08. Any person using a boat must present its certificate for inspection at the request of any law enforcement officer.
Figure 2-08 The state-issued Certificate of Number must be on board whenever a boat is in use (except for small craft)
Federal law states that a certificate may not be valid for more than three years; many states issue registrations for shorter periods. All certificates may, of course, be renewed at or prior to expiration date.
Numbering Systems The specific details of boat-numbering are covered in Coast Guard regulations. The number pattern has two parts: a two-letter symbol identifying the state of principal use and a combination of numerals and letters for individual identification. For most states, the two-letter abbreviation is the same as that used by the U.S. Postal Service; in a few states, it is different.
The individual identification consists of not more than four Arabic numerals and two capital letters, or not more than three such numerals and three such letters; fewer numbers or letters may be used. The letters "I," "O," and "Q" are not used because they can be mistaken for the numerals "1" and "0"
Numbers for Dinghies A state has the option of exempting dinghies from the numbering regulation. In such states, if used with a numbered vessel, a dinghy equipped Ivith a motor of less than 10 horsepower need not be individually registered and numbered if it is "used as a tender for direct transportation between that vessel and the shore and has no other purpose." The dinghy must display the number of the parent boat followed by the suffix "1" separated from the last letter by a space or hyphen as used in the basic number; for example, DC -4567-ED -1 or DC 4567 ED 1.
A dinghy used vöth a vessel not having a number, such as a documented boat, must be registered and have its own number as for any other boat if it is propelled by a motor of any horsepower.
Size & Style of Numbers The regulations require that boat numbers be clearly legible, and also contain specifications for style and size. The letters and numerals must be plain (no border or trim) vertical block characters not less than three inches in height. They must not be slanting or script style; see Figure 2-09. The numbers and letters should all be of the same color.
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| Figure 2-09 The correct style and spacing of registration numbers is shown at left above. Letters and numbers without spacing and use of italics or script characters (above) are incorrect and unacceptable. |
Display of Numbers The identification number must be painted on, or attached to, each side of the forward half of the vessel, and no other number may be displayed there. (This does not apply to serial numbers on small validation stickers that some states issue to note payment of current fees.) In most cases the numbers are quite near the bow, but since they need be displayed only on the boat's "forward half" it is sensible, on boats with considerable bow flare, to place the numbers far enough aft to be on a more nearly vertical surface and thus more visible; see Figure 2-10. Inflatable boats may be marked using flexible vinyl or lubber numbers or by adhering the markings to demountable plastic plates.
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| Figure 2-10 common misconception is that registration numbers must be at or close to the bow of a boat. The legal requirement is only that they be on the foncard half of the boat. Subject to this limitation, they should be placed far enough aft to ensure easy readability. |
Identification numbers must be maintained properly to ensure legibility at all times.
Names or insignia may be displayed on the bow of a boat, but they must not detract from the legibility of the registration numbers. Only one set of numbers may be displayed at any time. If a boat is transferred to a new state, the old numbers must be removed.
Applications & Renewals The addresses of state boat registration offices can be found on the various state government websites. The same numbers are reassigned for each registration period by a regular renewal certificate. Upon transfer of ownership, if the boat continues in the same state of principal use, the old numbers stay on the craft and are assigned to the new owner.
Numbers may not be transferred from one boat to another, except for special dealers' and manufacturers' numbers issued for demonstrating, transporting, or testing boats.
Fees Under the FBSA/71, states may set their 01,vn fees for registering and numbering boats. Fees vary widely from state to state—in some jurisdictions, they merely cover the cost of administering the numbering program; in others, they are sources of revenue for the state.
The 1971 law specifically provides that a state may require proof of payment of state and local sales, use, and excise taxes before issuing Certificate of Number. Withholding certification on any other grounds is not authorized, except that a title or proof of ownership may be required.
Reciprocity Vimen a vessel is numbered in its state of principal use, it IS considered as in compliance with the numbering system of any state in which it is temporarily used. There is no specific time limit stated in the federal law such use is truly "temporary"; states often set their own time limits. This is of considerable advantage to boaters who may cruise or trailer their craft is of state waters for vacation.
When a vessel is taken to a new state of principal use, that state must recognize the validity of its number for at least 60 days before requiring new registration.
Notification of Changes If a boat is destroyed, or abandoned, or sold, or used for more than 60 days in a state other than the one that issued its certificate, or if it is documented, a report must be made to the issuing office -within 15 days. The boat's certificate becomes invalid and must be surrendered, and its numbers (and any validation stickers) must be removed. A report must also be made if the boat is stolen and when recovered after having been stolen. An owne€s change of address must be reported to the issuing office within 15 days. A change of motor need not be reported.
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