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Shipping - 46 USC Section 3305
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US Lawyer > Shipping > Shipping - 46 USC Section 3305
01/19/04
Sec. 3305. Scope and standards of inspection
(a) The inspection process shall ensure that a vessel subject to
inspection -
(1) is of a structure suitable for the service in which it is
to be employed;
(2) is equipped with proper appliances for lifesaving, fire
prevention, and firefighting;
(3) has suitable accommodations for the crew, sailing school
instructors, and sailing school students, and for passengers on
the vessel if authorized to carry passengers;
(4) is in a condition to be operated with safety to life and
property; and
(5) complies with applicable marine safety laws and
regulations.
(b) If an inspection, or examination under section 3308 of this
title, reveals that a life preserver, lifesaving device, or
firehose is defective and incapable of being repaired, the owner or
master shall destroy the life preserver, lifesaving device, or
firehose in the presence of the official conducting the inspection
or examination.
(c) A nautical school vessel operated by a civilian nautical
school or by an educational institution under section 558 of title
40 shall be inspected like a small passenger vessel or a passenger
vessel, depending on its tonnage.
HISTORICAL AND REVISION NOTES
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Revised section Source section (U.S. Code)
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3305 46:369
46:390a
46:391
46:392
46:395
46:404-1
46:405
46:406
46:407
46:408
46:660a
46:881
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Section 3305 consolidates, at one place, the basic scope of
coverage of the inspection process. It is to be noted that the time
difference in enactment of various statutes has resulted in some
anomalies. Thus, for example, R.S. 4417 (46 U.S.C. 391) which had
originally set periods of inspection and vested authority in "local
inspectors" was expanded over the years to provide the base for
inspection of certain classes of vessels as well as setting out the
periods and scope. The distillation of inspection objectives and
standards in later laws and the transfer of all functions of
separately created bureaus and functionaries to the Coast Guard
permit this consolidation. There are those who have a desire to see
the scope and standards of inspection be more specific in law
similar to those presently applicable to boilers and boiler plating
that predate 1871. The Committee believes this serves no useful
purpose since the specifics are either antiquated or too limiting
and have, in fact, been superceded by the statutorily authorized
adoption of various industrial specifications, standards, and codes
by the Coast Guard. These include the American Bureau of Shipping
(ABS), American Society of Mechanical Engineers (ASME), American
National Standards Institute (ANSI), American Society for Testing
and Materials (ASTM), American Welding Society (AWS), Underwriters
Laboratories (UL), and many others. In addition, Coast Guard
regulations must also implement and conform to the numerous
international maritime safety treaties to which the United States
is signatory. The Committee expects that the regulatory flexibility
being provided will not reduce the present vessel inspection
requirements that have been historically developed.
Section 3305(a) establishes the statutory scope of the Coast
Guard's vessel inspection authority and duty. The inspection
process shall ensure that a vessel is of suitable structure,
equipment, and accommodations, is maintained in an operating
condition consistent with safety of life and property, and complies
with applicable marine safety laws and regulations.
Subsection (b) requires that defective life preservers and
firehose be destroyed in the presence of the inspecting official,
normally a qualified Coast Guard marine inspector. The Committee
believes that if this equipment is defective for use on an
inspected vessel, it should be destroyed so that it cannot be used
on an uninspected or recreational vessel.
Subsection (c) provides flexibility in the inspection of various
sizes of nautical school vessels.
AMENDMENTS
2002 - Subsec. (c). Pub. L. 107-217 substituted "section 558 of
title 40" for "section 13 of the Coast Guard Authorization Act of
1986".
1986 - Subsec. (c). Pub. L. 99-640 inserted "or by an educational
institution under section 13 of the Coast Guard Authorization Act
of 1986".
1985 - Subsec. (b). Pub. L. 99-36 substituted "lifesaving" and
"life preserver, lifesaving device, or firehose" for "life-saving"
and "life preserver or firehose", respectively.
Last modified: April 20, 2006
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