46 U.S.C. § 4312 — Engine cut-off switches
submitted 8 years ago by Pub. L. 115-282 to r/title-46-SHIPPING · 514 words · no verdicts yet
Specified manufacturers, distributors, and dealers must install an engine cut-off switch and link on covered recreational vessels. Operators generally must use the link while on plane or above displacement speed, subject to two exceptions.
(a) A manufacturer, distributor, or dealer that installs propulsion machinery and starting controls on a covered recreational vessel* must equip it with an engine cut-off switch and link meeting American Boat and Yacht Council Standard A–33 as it existed when the 2018 Coast Guard Authorization Act was enacted.
(b)(1) An operator must use the link while the vessel is on plane or above displacement speed. (2) This does not apply if the main helm is inside an enclosed cabin or if the vessel lacks a switch and subsection (a) does not require one.
(c) Through the National Boating Safety Advisory Committee, the Coast Guard Commandant may start a safety program about cut-off-switch use and benefits.
(d) Within 90 days after enactment, the Commandant must send the stated version of Standard A–33 to the House Transportation and Infrastructure Committee, Senate Commerce, Science, and Transportation Committee, Coast Guard Office of Design and Engineering Standards, and National Archives. Those offices must keep it available for public inspection.
(e) “Covered recreational vessel” means a recreational vessel under 26 feet overall that can develop at least 115 pounds of static thrust. “Dealer” means a person selling or distributing vessels or equipment to buyers the seller in good faith believes are not buying for resale. “Distributor” means a person selling or distributing for resale. “Equipment manufacturer” means a person manufacturing, constructing, or assembling vessels or equipment, or importing vessels for later sale. “Propulsion machinery” means a self-contained propulsion system, including inboard engines, outboard motors, and sterndrive engines. “Static thrust” means forward or backward thrust developed while the machinery is stationary.
A manufacturer, distributor, or dealer that installs propulsion machinery and associated starting controls on a covered recreational vessel* shall equip such vessel with an engine cut-off switch and engine cut-off switch link that meet American Boat and Yacht Council Standard A–33, as in effect on the date of the enactment of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282).
An individual operating a covered recreational vessel shall use an engine cut-off switch link while operating on plane or above displacement speed.
The requirement under paragraph (1) shall not apply if—
the main helm of the covered vessel is installed within an enclosed cabin; or
the vessel does not have an engine cut-off switch and is not required to have one under subsection (a).
The Commandant of the Coast Guard, through the National Boating Safety Advisory Committee established under section 15105, may initiate a boating safety program on the use and benefits of cut-off switches for recreational vessels.
Not later than 90 days after the date of the enactment of this section, the Commandant shall transmit American Boat and Yacht Council Standard A–33, as in effect on the date of enactment of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282), to—
the Committee on Transportation and Infrastructure of the House of Representatives;
the Committee on Commerce, Science, and Transportation of the Senate; and
the Coast Guard Office of Design and Engineering Standards; and
the National Archives and Records Administration.
The standard submitted under paragraph (1) shall be kept on file and available for public inspection at such Coast Guard office and the National Archives and Records Administration.
In this section:
The term “covered recreational vessel” means a recreational vessel that is—
less than 26 feet overall in length; and
capable of developing 115 pounds or more of static thrust.
The term “dealer” means any person who is engaged in the sale and distribution of recreational vessels or associated equipment to purchasers whom the seller in good faith believes to be purchasing any such vessel or associated equipment for purposes other than resale.
The term “distributor” means any person engaged in the sale and distribution of recreational vessels and associated equipment for the purposes of resale.
The term “equipment manufacturer” means any person engaged in the manufacture, construction, or assembly of recreational vessels or associated equipment, or the importation of recreational vessels into the United States for subsequent sale.
The term “propulsion machinery” means a self-contained propulsion system, and includes, but is not limited to, inboard engines, outboard motors, and sterndrive engines.
The term “static thrust” means the forward or backwards thrust developed by propulsion machinery while stationary.
Source credit: (Added Pub. L. 115–282, title V, § 503(a), Dec. 4, 2018, 132 Stat. 4270; amended Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], § 8316(a), title LVXXXV [LXXXV], § 8507(a)(2), Jan. 1, 2021, 134 Stat. 4699, 4752.)
- 2018Enacted · Pub. L. 115-282 · 132 Stat. 4270
- 2021Amended · Pub. L. 116-283 · 134 Stat. 4699, 4752
A history note hasn’t been published yet. The record shows enactment by Pub. L. 115-282 on 2018-12-04.
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