An Overview of USCG Vessel Determinations

by | Friday, May 30, 2014 | 0 comment(s)

Vessel determination refers to a decision the U.S. Coast Guard (USCG) makes regarding a vessel. Vessel owners, manufacturers, lawyers and law enforcement agencies occasionally will ask the USCG which laws and regulations apply to a particular device. The USCG’s reply letter is the vessel determination.

In some instances, vessel owners will send letters to the USCG requesting information about whether or not construction work on their vessels will affect their particular vessel status.

In other cases, vessel determinations involve owners wanting to know whether or not their devices are considered vessels by the USCG’s standards and what rules to which they’re expected to adhere.

How the USCG Makes Vessel Determinations

The first step the USCG takes when determining which rules apply to a certain craft is to decide whether or not the craft fits the definition of a vessel, as detailed in 1 U.S. Code § 3. This statute states: “The word ‘vessel’ includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water.”

If the craft does meet the definition of a vessel, then the USCG will analyze the vessel further.

Other Factors Considered with Vessel Determinations

The U.S. Coast Guard's Boating Safety Division explains that there are five other factors considered before making a vessel determination:

  • Capability – is the watercraft “practically capable” of carrying people or property beyond swimming or surfing areas?
  • Operating range – is the range of operability of the device limited by the operator’s physical endurance?
  • Hazard – does the craft present a safety or navigation hazard that’s not already present?
  • Objectives – were the “normal objectives sought to be accomplished by the regulation of a device as a ‘vessel’” present?
  • Safety – if the device became disabled, would the operator and cargo be safe in the water?

Why are USCG vessel determinations important?

Every vessel owner needs to know which rules by which they must abide. Vessel determinations can help ensure owners stay within regulation.

If your device is determined to be a vessel, you’ll be subject to the regulations administered by the USCG and the Office of Auxiliary and Boating Safety. This will include stipulations such as training and certifications, safety regulations, inspections, and the Nautical Rules of the Road.

Types of USCG Vessels Under 1 U.S. Code § 3

There are numerous types of crafts that the USCG considers “vessels"; certain crafts are obviously vessels (such cruise ships), while other craft determinations are a little more tricky (such as paddleboards).

The following devices are a partial list of crafts determined to be a vessel, and therefore subject USCG regulations:

  • freight vessels;
  • nautical school and research vessels;
  • offshore supply vessels;
  • passenger vessels of all sizes;
  • sailing school vessels;
  • cruise ships and guided tour boats;
  • barges and tank vessels;
  • seagoing motor vessels;
  • fish processing and fish tender vessels
  • oil spill response vessels;
  • towing vessels;
  • paddleboards; and
  • gold dredges.

To learn more about marine and boating-related topics, visit the My Vessel Logs blog. While there, download a free copy of the Logbook Quick Reference Guide, which will help you determine exactly what logbooks are required on your vessel.

This entry was posted in .

You must be logged in to post comments.