I 

109TH CONGRESS 

2D SESSION H. R. 5256 

To establish a statute of repose for civil actions filed against recreational 

vessel manufacturers. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 2, 2006 

Mr. JONES of North Carolina introduced the following bill; which was referred 

to the Committee on the Judiciary 

A BILL 

To establish a statute of repose for civil actions filed against 

recreational vessel manufacturers. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Recreational Marine 

5 Preservation Act of 2006.’’ 

6 SEC. 2. STATUTE OF REPOSE FOR CIVIL ACTIONS FILED 

7 AGAINST RECREATIONAL VESSEL MANUFAC8 TURERS. 

9 (a) IN GENERAL.—Except as provided in subsection 

10 (b), no civil action may be filed against the manufacturer 


cprice-sewell on PROD1PC66 with BILLS
2 

•HR 5256 IH 

1 of a recreational vessel or the manufacturer of any associ2 ated equipment, in its capacity as manufacturer, for dam3 ages for death or personal injury or damage to property 

4 arising out of an accident involving the recreational vessel, 

5 if the accident occurred— 

6 (1) more than 10 years after— 

7 (A) the date of delivery of the vessel to its 

8 first purchaser or lessee, if delivered directly 

9 from the manufacturer; or 

10 (B) the date of first delivery of the vessel 

11 to a person engaged in the business of selling 

12 or leasing such vessel; or 

13 (2) with respect to any associated equipment 

14 which replaced other associated equipment originally 

15 in, or which was added to, the vessel, and which is 

16 alleged to have caused such death, personal injury, 

17 or damage to property, more than 10 years after the 

18 date of completion of the replacement or addition. 

19 (b) EXCEPTIONS.—Subsection (a) shall not apply— 

20 (1) if the claimant pleads with specificity the 

21 facts necessary to prove, and proves, that the manu22 facturer of a recreational vessel or associated equip23 ment— 

24 (A) holds a certificate of compliance, or 

25 has met the requisite obligations with respect to 


cprice-sewell on PROD1PC66 with BILLS
3 

•HR 5256 IH 

1 the continuing seaworthiness, with respect to 

2 such recreational vessel or associated equip3 ment; and 

4 (B) knowingly misrepresented to the 

5 United States Coast Guard, or concealed or 

6 withheld from the United States Coast Guard, 

7 required information that is material and rel8 evant to the performance or the maintenance or 

9 operation of such vessel, or the associated 

10 equipment, that is causally related to the harm 

11 which the claimant allegedly suffered; or 

12 (2) if the person with respect to whom the civil 

13 action for damages for death or personal injury is 

14 filed was a passenger on a recreational vessel for 

15 purposes of receiving treatment for a medical or 

16 other emergency; 

17 (3) if the person with respect to whom the civil 

18 action for damages for death or personal injury is 

19 filed was not aboard the vessel at the time of the ac20 cident; or 

21 (4) if the civil action is brought under a written 

22 warranty enforceable under law but for the operation 

23 of this Act. 

24 (c) DEFINITIONS.—For purposes of this Act— 


cprice-sewell on PROD1PC66 with BILLS
4 

•HR 5256 IH 

1 (1) ASSOCIATED EQUIPMENT.—The term ‘‘asso2 ciated equipment’’ means any system, part, or com3 ponent of a boat as originally manufactured or any 

4 similar part or component manufactured or sold for 

5 replacement, repair, or improvement of such system, 

6 part, or component; any accessory or equipment for 

7 or appurtenance to, a boat; and any marine safety 

8 article, accessory, or equipment intended for use by 

9 a person on board a boat; but excluding radio equip10 ment. 

11 (2) CERTIFICATE OF COMPLIANCE.—The term 

12 ‘‘certification of compliance’’ means any label affixed 

13 by the manufacturer of a vessel or associated equip14 ment that indicates that the manufacturer has com15 plied with United States Coast Guard regulations 

16 for safety. 

17 (3) RECREATIONAL VESSEL.—The term ‘‘rec18 reational vessel’’ is as defined in section 2101(25) of 

19 title 46, United States Code. 

20 (d) RELATIONSHIP TO OTHER LAWS.—This section 

21 supersedes any State law to the extent that such law per22 mits a civil action described in subsection (a) to be 

23 brought after the applicable 10-year limitation period. 


cprice-sewell on PROD1PC66 with BILLS
5 

•HR 5256 IH 

1 SEC. 3. EFFECTIVE DATE; APPLICATION OF ACT. 

2 (a) EFFECTIVE DATE.—Except as provided in sub3 section (b), this Act shall take effect on the date of the 

4 enactment of this Act. 

5 (b) APPLICATION OF ACT.—This Act shall not apply 

6 with respect to civil actions commenced before the date 

7 of the enactment of this Act. 

Æ 


cprice-sewell on PROD1PC66 with BILLS