46 U.S.C. § 4901 — Surveillance requirements
submitted 4 years ago by Pub. L. 117-263 to r/title-46-SHIPPING · 550 words · no verdicts yet
Certain nonpassenger commercial vessels must maintain video surveillance, and covered vessels must install audio and video equipment. The section sets notice, access, retention, training, owner, and exemption rules.
(a) A nonpassenger vessel* in commercial service must maintain video surveillance. (b) This covers documented vessels with overnight accommodations for at least 10 people on a 600-mile voyage crossing seaward of the Boundary Line* or at least 24 meters long and subject to a load line; documented vessels of at least 500 gross tons on an international voyage; and vessels with at least 10 overnight occupants operating at least 72 hours on waters above the outer Continental Shelf as defined in 43 U.S.C. § 1331(a). (c) The owner must install video and audio equipment within two years after enactment of the 2022 Don Young Act or at the next scheduled drydock, whichever is later, in passageways where stateroom doors open, positioned to see every door. (d) Clear signs must notify the crew. (e) Records may not be used in a labor action or employment dispute unless used in a criminal or civil action. (f) All records must be kept at least one year; footage associated with an alleged incident should be kept at least five years from that incident. (g) Owners or seafarer employers must train incident responders to preserve evidence objectively, act impartially, and know applicable Federal, State*, Tribal, and local sexual-assault and harassment investigation and reporting laws. “Owner” means owner, charterer, managing operator, master, or other person in charge. (h) Fishing, fish-processing, and fish-tender vessels are exempt.
A vessel* engaged in commercial service that does not carry passengers, shall maintain a video surveillance system.
The requirements in this section shall apply to—
documented vessels with overnight accommodations for at least 10 individuals on board that are—
on a voyage of at least 600 miles and crosses seaward of the Boundary Line*; or
at least 24 meters (79 feet) in overall length and required to have a load line under chapter 51;
documented vessels of at least 500 gross tons as measured under section 14502, or an alternate tonnage measured under section 14302 as prescribed by the Secretary under section 14104 on an international voyage; and
vessels with overnight accommodations for at least 10 individuals on board that are operating for no less than 72 hours on waters superjacent to the outer Continental Shelf (as defined in section 2(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(a)).1
The owner of a vessel to which this section applies shall install video and audio surveillance equipment aboard the vessel not later than 2 years after enactment of the Don Young Coast Guard Authorization Act of 2022, or during the next scheduled drydock, whichever is later.
Video and audio surveillance equipment shall be placed in passageways on to which doors from staterooms open. Such equipment shall be placed in a manner ensuring the visibility of every door in each such passageway.
The owner of a vessel to which this section applies shall provide clear and conspicuous signs on board the vessel notifying the crew of the presence of video and audio surveillance equipment.
The owner of a vessel to which this section applies shall ensure that access to records of video and audio surveillance is not used as part of a labor action against a crew member or employment dispute unless used in a criminal or civil action.
The owner of a vessel to which this section applies shall retain all records of audio and video surveillance for not less than 1 year after the footage is obtained. Any video and audio surveillance found to be associated with an alleged incident should be preserved for not less than 5 years from the date of the alleged incident.
A vessel owner or employer of a seafarer shall provide training for all individuals employed by the owner or employer for the purpose of responding to incidents of sexual assault or sexual harassment, including—
such training to ensure the individuals—
retain audio and visual records and other evidence objectively; and
act impartially without influence from the company or others; and
training on applicable Federal, State*, Tribal, and local laws and regulations regarding sexual assault and sexual harassment investigations and reporting requirements.
In this section, the term “owner” means the owner, charterer, managing operator, master, or other individual in charge of a vessel.
Fishing vessels, fish processing vessels, and fish tender vessels are exempt from this section.
Source credit: (Added Pub. L. 117–263, div. K, title CXVI, § 11607(a), Dec. 23, 2022, 136 Stat. 4150.)
- 2022Enacted · Pub. L. 117-263 · 136 Stat. 4150
A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-263 on 2022-12-23.
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