Shipping - 46 USC Section 3304

01/19/04

Sec. 3304. Transporting individuals in addition to crew

(a) A documented vessel transporting cargo that transports not
more than 12 individuals in addition to the crew on international
voyages, or not more than 16 individuals in addition to the crew on
other voyages, is not subject to inspection as a passenger vessel
or a small passenger vessel if the vessel is otherwise subject to
inspection under this chapter.
(b) Except when subsection (e) of this section applies, before an
individual in addition to the crew is transported on a vessel as
permitted by this section, the owner, charterer, managing operator,
agent, master, or individual in charge of the vessel first shall
notify the individual of the presence on board of dangerous
articles as defined by law, and of other conditions or
circumstances that would constitute a risk of safety to the
individual on board.
(c) A privilege authorized by this section applies to a vessel of
a foreign country that affords a similar privilege to vessels of
the United States in trades not restricted to vessels under its own
flag.
(d) A fishing, fish processing, or fish tender vessel that
transports not more than 12 individuals employed in the fishing
industry in addition to the crew is not subject to inspection as a
passenger or small passenger vessel.
(e) The Secretary may by regulation allow individuals in addition
to the crew to be transported in an emergency or under section 2304
of this title.

HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised section Source section (U.S. Code)
--------------------------------------------------------------------
3304 46:390-393
46:882
--------------------------------------------------------------------
Section 3304 permits the carriage of not more than 12 individuals
in addition to the crew on international voyages or not more than
16 individuals in addition to the crew on other voyages without
subjecting a documented vessel carrying cargo to the inspection
requirements of a passenger vessel. This section permits the bulk
of vessels subject to the International Convention for Safety of
Life at Sea to carry up to 12 passengers and to permit other cargo
vessels, primarily those engaged in the coastwise trade, to carry
up to 16 passengers without being categorized as passenger vessels.
It also requires that these individuals be notified of the presence
of dangerous articles or other conditions or circumstances that
constitute a risk of safety. This is of prime importance on tank
vessels that carry flammable or hazardous cargoes.
AMENDMENTS
1986 - Pub. L. 99-307, Sec. 1(5)(A)(i), substituted
"Transporting" for "Carrying" in section catchline.
Subsec. (a). Pub. L. 99-307, Sec. 1(5)(A)(ii), substituted
"transporting cargo that transports" for "carrying cargo that
carries" and inserted "if the vessel is otherwise subject to
inspection under this chapter".
Subsec. (b). Pub. L. 99-307, Sec. 1(5)(A)(iii), substituted
"Except when subsection (e) of this section applies, before" for
"Before" and "transported" for "carried".
Subsec. (c). Pub. L. 99-307, Sec. 1(5)(A)(iv), substituted "A
privilege" for "The privilege".
Subsec. (e). Pub. L. 99-307, Sec. 1(5)(A)(v), added subsec. (e).
1984 - Subsec. (d). Pub. L. 98-364 added subsec. (d).

Last modified: April 20, 2006