Passenger Vessel Safety

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• Passenger Vessel Safety
• National Association of
• State Boating Law Administrators
• Charter Boat Safety and Administrative Rules
  Model Act
• Chief James H. Graybeal
• NASBLA Law Enforcement Committee Chair

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NASBLA Charter Boat Safety and Administrative
Rules Model Act

• Certification and safety Inspections issues
• Construction and arrangement of passenger
  vessels.
• Stability and seaworthiness
• Passenger and crew safety
• Machinery and electrical installations
• Fire Protection and fire fighting
• Lifesaving equipment
• Passenger vessel operations
• Crew qualifications and training
• Emergency procedures and drills
• Marine Accident investigation including chemical
  testing
• Reporting of accidents/incidents

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Certification and Safety Inspection

• Inspection
• Inspection of every charter boat and its
  equipment once every twelve months while the
  charter boat is at dockside.
• Any time department has reasonable cause.
• The vessel owner shall open or remove all hatches
  and inspection ports before or during the
  inspection and shall have the vessel in
  reasonably clean and orderly condition.

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Certification and Safety Inspection

• If charter boat and its equipment comply issue a
  certificate of inspection
• Maximum passenger, crew and total person capacity
  of the charter boat.
• Be prominently displayed on the charter boat
  while in operation on the waters of the state.
• Expire on May 31 of the second year following
  the year in which the charter boat was dockside
  inspected.
• Certificate of Inspection will be framed under
  transparent material and posted in the
  conspicuous place on the vessel or kept aboard
  and shown on demand.
• A person shall not operate a charter boat that
  carries seven (7) or more passengers on navigable
  waters without first obtaining a current vessel
  inspection certificate and a pilots license from
  the United States Coast Guard or other federal
  agency.

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Construction and Arrangement of Passenger Vessels

• On vessels that do not have or are not required
  to have a vessel capacity plate, the maximum
  passenger capacity shall be determined by
  applying any one of the following criteria which
  results in the allowance of the greatest number
  of passengers
• (a) Length of rail space available to
  passengers.
• (b) One passenger per ten (10) square feet
  of deck area available.
• (c) One passenger per eighteen (18) inches
  of width of fixed seating.
• On vessels that have or are required to have
  vessel capacity plates, the passenger capacity
  shall be determined by applying either of the
  following criteria which results in the allowance
  of the greatest number of persons without
  exceeding the capacity plate maximums
• (a) Weight capacity minus maximum motor and
  gear weight divided by one hundred fifty (150)
  equals number of passengers.
• (b) Boat length times boat beam divided by
  fifteen (15) equals number of passengers.

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Stability and Seaworthiness

• A stability test shall be conducted on any vessel
  meeting the following criteria
• (a) All vessels carrying more than
  forty-nine (49) passengers.
• (b) All vessels carrying passengers that have
  two (2) or more decks.
• (c) Any other vessel whose stability is
  questioned by the marine inspector.
• USCG stability testing standards apply
• The vessel owner will conduct the test under the
  direct supervision of a marine inspector

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Stability and Seaworthiness

• To determine seaworthy and in good and
  serviceable condition, the vessel owner shall
  permit the marine inspector to inspect the entire
  exterior and interior of the vessel including all
  the following
• Hull and appendages
• Propellers
• Shafting
• Stern bearings
• Rudders
• Through hull fittings
• Sea valves
• Strainers
• Outdrive units
• Outboard lower units.

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Stability and Seaworthiness

• Vessel damage, repairs, and alterations reports
  repair and alteration standards modification of
  corrections and repairs. Determination of unsafe
  vessel. Modification and inspection exception.
• Accident causing physical damage, has a grounding
  causing physical damage or is to be hauled out
  and dry-docked to carry out major repairs or
  alterations affecting the vessels seaworthiness,
  the vessel owner shall immediately report to the
  marine inspector or the marine safety section of
  the Department the nature of the damage, repairs
  or alterations.
• All repairs and alterations must be approved
  before the work is started.
• The marine inspector will re-inspect the vessel
  as soon as possible as soon as the vessel owner
  has notified the marine inspector that the
  repairs have been made.

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Passenger and Crew Safety

• Minimum Safety Standards shall be designed to
  insure the safety and well-being of persons
  utilizing a charter boat and shall include all of
  the following
• Methods to determine that a charter boat is of a
  structure suitable for carrying passengers and
  crew and is in a condition to enable it to be
  navigated safely.
• Necessary equipment and operating requirements.
• Minimum public liability insurance requirements.
• Methods to determine maximum passenger capacity.
• Table test to determine the sufficiency of the
  charter boats structure, equipment and
  stability.
• Personal floatation devices-
• Fire Fighting Equipment
• First-aid kit and Emergency procedures List
• Cooking and Heating appliances
• Visual Distress Signals

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Machinery and Electrical Installations

• Electrical systems- safe and fit for service
  intended.
• Electrical equipment- insulated from exposed
  metal parts suitable to use in damp or wet
  locations.
• Main engines-appropriate type and design for the
  propulsion requirements.
• Fixed fuel system USCG-approved or equivalent.
• Bilge pumps Fitted with no less than two (2)
  electrically-operated bilge pumps, equipped with
  an indicator light or an alarm system.

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Fire Protection and Fire Fighting
A vessel, except for an open boat, shall be
equipped with a minimum number of USCG approved
portable fire extinguishers which shall be
located as shown on a table.

• Min. Locations
• Extinguishers
• 2 Helmsmans
• position, cabin
• 3 Engine
• compartment
• helmsman
• position, crew
• quarters and
• galley
• 4 Engine
• compartment
• helmsman
• position, crew quarters and
• galley

• Compartmented Class
• Vessels
• Less than 26 feet B1
• 26 feet to B1
• Less than
• 40 feet
• 40 feet or over B1

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Lifesaving Equipment

• Personal Floatation devices and water light
• Vessel owner shall provide one (1)
  USCG-approved Type 1 PFD of proper size for each
  person including the crew to be carried onboard.
• Ring buoy
• Water light, self-activating. Visual distress
  signals
• The owner of the vessel which operates on the
  body of water shall have aboard the vessel
  USCG-approved visual distress signals.

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Crew Qualification and Training

• Definition- Pilots License- vessel operators
  license issued by the USCG or other federal
  agency, or a license issued by the Department to
  an operator of a charter boat that is operated on
  inland waters.
• State Pilots License Requirements
• Not less than eighteen (18) years of age.
• Felony conviction within 5 years of the date of
  application, will be investigated by the marine
  inspector shall investigate the circumstances of
  the conviction. Applicant shall be denied if the
  investigation shows continued illegal or
  questionable activity.

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Crew Qualification and Training

• Conviction of serious violation (s) of the marine
  laws within three (3) years of the date of
  application, an investigation will be conducted
  by the marine inspector. Any illegal or
  questionable activity is found in the
  investigation, the applicant will be denied a
  license. A serious violation includes all of the
  following
• (a) Careless operation.
• (b) Reckless operation.
• (c) Operation under the influence of
  alcoholic beverage or controlled substance.
• (d) Negligent operation.
• (e) Operation causing death or injury.

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Crew Qualification and Training

• No less than 90 days experience with the
  preceding 24 months operating a noncommercial
  vessel of similar type or 90 days experience
  within the preceding 24 months as a full time
  crew member on a commercial vessel of similar
  type. The applicant will have received
  instruction from the license pilot in the
  operation of the vessel.
• Physical examination required by a licensed
  physician.
• A certificate signed by the physician attesting
  to the applicant's general physical condition.
  Epilepsy, insanity, senility, acute general
  disease or neurosyphilis, badly impaired hearing,
  or other defect that would render the applicant
  incompetent to perform the ordinary duties of a
  licensed operator may be cause for denial of the
  application.

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Crew Qualification and Training

• The department, at any time, may require a
  licensed pilot to obtain a new physical
  examination.
• A physical examination is required once every
  thirty-six (36) months.
• The applicant shall not be color blind and, in
  the opinion of a qualified physician, shall have
  adequate vision, in at least one eye, to safely
  operate a vessel.
• Must successfully complete examinations, written
  and practical, administered by a marine inspector.

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Emergency Procedures and Drills

• First-Aid and Emergency procedures List
• The vessel owner shall post an emergency
  procedures list aboard the vessel in a
  conspicuous location. The list shall set forth,
  at a minimum, all of the following informational
  items
• (a) Radio-telephone distress
• (i) Switch to Channel 16 United States
  Coast Guard.
• (ii) Give distress signal "MAYDAY" three
  times.
• (iii) Give boat name, type, and color.
• (iv) Give position.
• (b) Man overboard
• (i) Post a lookout.
• (ii) Throw over a flotation device or the
  water light.
• (iii) Don't jump into the water unless
  the person overboard is a small child, elderly,
  or a handicapped person.
• (iv) Maneuver to return for pickup.
• (v) Use additional markers.
• (vi) Get victim aboard.
• (vii) Call for help if necessary.

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Emergency Procedures and Drills

• (c) Explosion
• (i) Be ready to go overboard with
  personal flotation device (life jacket).
• (ii) When clear of danger, account for
  all passengers and assist.
• (iii) Stay together.
• (d) Fires
• (i) If possible, use fire extinguisher.
• (ii) If practical, jettison burning
  materials.
• (iii) Reduce the air supply.
• (iv) Assemble at opposite end of boat.
• (v) Make preparation to abandon ship
• (A) Put on life jacket.
• (B) Signal for help by radio or any
  means available.
• (e) Leaks or damage control
• (i) Put on life jacket.
• (ii) Check bilge pump operation.
• (iii) Pull up all decks and floor boards
  in search of leaks.
• (iv) Slow or stop boat as needed. You may
  need to stay on plane to keep hole above water.
• (v) Stop engine, close sea cock for engine
  cooling, disconnect hose and place end in bilge.
  Start engine to act as bilge pump.
• vi) Cover large hole from outside of boat
  with mattress, or similar device.

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Marine Accident Investigation Including Timely
Chemical Testing

• State accident reporting requirements entered
  into the BARD System.

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Reporting of Accidents/Incidents

• State boat accident reporting requirements
  entered into the USCG BARD system.

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Questions?