# Presentation: 127663

- 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

## 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

## 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.

## 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 pilot’s license from the United States Coast Guard or other federal agency.

## 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.

## 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

## 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.

## 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 vessel’s 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.

## 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 boat’s structure, equipment and stability.
- Personal floatation devices-
- Fire Fighting Equipment
- First-aid kit and Emergency procedures List
- Cooking and Heating appliances
- Visual Distress Signals

## 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.

## Fire Protection and Fire Fighting

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

- Min. # 			Locations
- Extinguishers
- 2				Helmsman’s
- 				position, 				cabin
- 3				Engine
- 				compartment
- 				helmsman
- 				position, crew
- 				quarters and
- 				galley
- 4				Engine
- 				compartment
- 				helmsman
- 				position, crew 			quarters and
- 				galley

- 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.

## 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.

## Crew Qualification and Training 

- Definition- Pilot’s License- vessel operator’s 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 Pilot’s 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.

## 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.

## 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.

## 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.

## 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.

## 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.
- 		    (vii) Use radio to call for help.  Channel 16 – United States Coast Guard.

## Marine Accident Investigation Including Timely Chemical Testing

- State accident reporting requirements entered into the BARD System.

## Reporting of Accidents/Incidents

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

## Questions?