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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Recreational Marine 
Preservation Act of 2006.’’ 
SEC. 2. STATUTE OF REPOSE FOR CIVIL ACTIONS FILED 
AGAINST RECREATIONAL VESSEL MANUFAC-
TURERS. 
(a) IN GENERAL.—Except as provided in subsection 
(b), no civil action may be filed against the manufacturer 
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of a recreational vessel or the manufacturer of any associ-
ated equipment, in its capacity as manufacturer, for dam-
ages for death or personal injury or damage to property 
arising out of an accident involving the recreational vessel, 
if the accident occurred— 
(1) more than 10 years after— 
(A) the date of delivery of the vessel to its 
first purchaser or lessee, if delivered directly 
from the manufacturer; or 
(B) the date of first delivery of the vessel 
to a person engaged in the business of selling 
or leasing such vessel; or 
(2) with respect to any associated equipment 
which replaced other associated equipment originally 
in, or which was added to, the vessel, and which is 
alleged to have caused such death, personal injury, 
or damage to property, more than 10 years after the 
date of completion of the replacement or addition. 
(b) EXCEPTIONS.—Subsection (a) shall not apply— 
(1) if the claimant pleads with specificity the 
facts necessary to prove, and proves, that the manu-
facturer of a recreational vessel or associated equip-
ment— 
(A) holds a certificate of compliance, or 
has met the requisite obligations with respect to 
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the continuing seaworthiness, with respect to 
such recreational vessel or associated equip-
ment; and 
(B) knowingly misrepresented to the 
United States Coast Guard, or concealed or 
withheld from the United States Coast Guard, 
required information that is material and rel-
evant to the performance or the maintenance or 
operation of such vessel, or the associated 
equipment, that is causally related to the harm 
which the claimant allegedly suffered; or 
(2) if the person with respect to whom the civil 
action for damages for death or personal injury is 
filed was a passenger on a recreational vessel for 
purposes of receiving treatment for a medical or 
other emergency; 
(3) if the person with respect to whom the civil 
action for damages for death or personal injury is 
filed was not aboard the vessel at the time of the ac-
cident; or 
(4) if the civil action is brought under a written 
warranty enforceable under law but for the operation 
of this Act. 
(c) DEFINITIONS.—For purposes of this Act— 
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(1) ASSOCIATED EQUIPMENT.—The term ‘‘asso-
ciated equipment’’ means any system, part, or com-
ponent of a boat as originally manufactured or any 
similar part or component manufactured or sold for 
replacement, repair, or improvement of such system, 
part, or component; any accessory or equipment for 
or appurtenance to, a boat; and any marine safety 
article, accessory, or equipment intended for use by 
a person on board a boat; but excluding radio equip-
ment. 
(2) CERTIFICATE OF COMPLIANCE.—The term 
‘‘certification of compliance’’ means any label affixed 
by the manufacturer of a vessel or associated equip-
ment that indicates that the manufacturer has com-
plied with United States Coast Guard regulations 
for safety. 
(3) RECREATIONAL VESSEL.—The term ‘‘rec-
reational vessel’’ is as defined in section 2101(25) of 
title 46, United States Code. 
(d) RELATIONSHIP TO OTHER LAWS.—This section 
supersedes any State law to the extent that such law per-
mits a civil action described in subsection (a) to be 
brought after the applicable 10-year limitation period. 
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SEC. 3. EFFECTIVE DATE; APPLICATION OF ACT. 
(a) EFFECTIVE DATE.—Except as provided in sub-
section (b), this Act shall take effect on the date of the 
enactment of this Act. 
(b) APPLICATION OF ACT.—This Act shall not apply 
with respect to civil actions commenced before the date 
of the enactment of this Act. 
Æ 
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