-CITE-

33 USC CHAPTER 24 - VESSEL BRIDGE-TO-BRIDGE COMMUNICATION 01/06/03

-EXPCITE-

TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 24 - VESSEL BRIDGE-TO-BRIDGE COMMUNICATION

-HEAD-

CHAPTER 24 - VESSEL BRIDGE-TO-BRIDGE COMMUNICATION

-MISC1-

Sec.

1201. Statement of purpose.

1202. Definitions.

1203. Radiotelephone requirement.

(a) Vessel coverage; exchange of navigational

information.

(b) Vessels upon navigable waters of United States

inside high seas lines.

1204. Radiotelephone for exclusive use of master, person in

charge, or pilot; frequency listening watch; portable

radiotelephone equipment.

1205. Radiotelephone capability; maintenance; restoration;

consequences of loss: navigation of vessel.

1206. Exemptions; terms and conditions.

1207. Regulations.

(a) Operating and technical conditions and

characteristics; frequencies, emission, and

power of radiotelephone equipment.

(b) Enforcement.

1208. Penalties.

(a) Master, person in charge, or pilot subject to

penalty.

(b) Vessel subject to penalty; jurisdiction.

(c) Remission or mitigation.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 2034 of this title.

-End-

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33 USC Sec. 1201 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 24 - VESSEL BRIDGE-TO-BRIDGE COMMUNICATION

-HEAD-

Sec. 1201. Statement of purpose

-STATUTE-

It is the purpose of this chapter to provide a positive means

whereby the operators of approaching vessels can communicate their

intentions to one another through voice radio, located convenient

to the operator's navigation station. To effectively accomplish

this, there is need for a specific frequency or frequencies

dedicated to the exchange of navigational information, on navigable

waters of the United States.

-SOURCE-

(Pub. L. 92-63, Sec. 2, Aug. 4, 1971, 85 Stat. 164.)

-MISC1-

SHORT TITLE

Section 1 of Pub. L. 92-63 provided: "That this Act [enacting

this chapter] may be cited as the 'Vessel Bridge-to-Bridge

Radiotelephone Act'."

EFFECTIVE DATE

Section 10 of Pub. L. 92-63 provided that: "This Act [enacting

this chapter] shall become effective May 1, 1971, or six months

after the promulgation of regulations which would implement its

provisions, whichever is later." See 47 CFR 83.701 et seq.

-End-

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33 USC Sec. 1202 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 24 - VESSEL BRIDGE-TO-BRIDGE COMMUNICATION

-HEAD-

Sec. 1202. Definitions

-STATUTE-

For the purpose of this chapter -

(1) "Secretary" means the Secretary of the Department in which

the Coast Guard is operating;

(2) "power-driven vessel" means any vessel propelled by

machinery; and

(3) "towing vessel" means any commercial vessel engaged in

towing another vessel astern, alongside, or by pushing ahead.

-SOURCE-

(Pub. L. 92-63, Sec. 3, Aug. 4, 1971, 85 Stat. 164.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-End-

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33 USC Sec. 1203 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 24 - VESSEL BRIDGE-TO-BRIDGE COMMUNICATION

-HEAD-

Sec. 1203. Radiotelephone requirement

-STATUTE-

(a) Vessel coverage; exchange of navigational information

Except as provided in section 1206 of this title -

(1) every power-driven vessel of twenty meters or over in

length while navigating;

(2) every vessel of one hundred gross tons as measured under

section 14502 of title 46, or an alternate tonnage measured under

section 14302 of that title as prescribed by the Secretary under

section 14104 of that title, and upward carrying one or more

passengers for hire while navigating;

(3) every towing vessel of twenty-six feet or over in length

while navigating; and

(4) every dredge and floating plant engaged in or near a

channel or fairway in operations likely to restrict or affect

navigation of other vessels -

shall have a radiotelephone capable of operation from its

navigational bridge or, in the case of a dredge, from its main

control station and capable of transmitting and receiving on the

frequency or frequencies within the 156-162 Mega-Hertz band using

the classes of emissions designated by the Federal Communications

Commission, after consultation with other cognizant agencies, for

the exchange of navigational information.

(b) Vessels upon navigable waters of United States inside high seas

lines

The radiotelephone required by subsection (a) of this section

shall be carried on board the described vessels, dredges, and

floating plants upon the navigable waters of the United States,

which includes all waters of the territorial sea of the United

States as described in Presidential Proclamation 5928 of December

27, 1988.

-SOURCE-

(Pub. L. 92-63, Sec. 4, Aug. 4, 1971, 85 Stat. 164; Pub. L.

102-241, Sec. 16, Dec. 19, 1991, 105 Stat. 2213; Pub. L. 104-324,

title VII, Sec. 704, Oct. 19, 1996, 110 Stat. 3933; Pub. L.

107-295, title III, Sec. 321, Nov. 25, 2002, 116 Stat. 2103.)

-REFTEXT-

REFERENCES IN TEXT

Presidential Proclamation 5928 of December 27, 1988, referred to

in subsec. (b), is set out as a note under section 1331 of Title

43, Public Lands.

-MISC1-

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-295 substituted "United States,

which includes all waters of the territorial sea of the United

States as described in Presidential Proclamation 5928 of December

27, 1988" for "United States inside the lines established pursuant

to section 151 of this title".

1996 - Subsec. (a)(2). Pub. L. 104-324 inserted "as measured

under section 14502 of title 46, or an alternate tonnage measured

under section 14302 of that title as prescribed by the Secretary

under section 14104 of that title," after "one hundred gross tons".

1991 - Subsec. (a)(1). Pub. L. 102-241 amended par. (1)

generally, substituting "twenty meters or over in length" for

"three hundred gross tons and upward".

VESSEL COMMUNICATION EQUIPMENT REGULATIONS

Pub. L. 101-380, title IV, Sec. 4118, Aug. 18, 1990, 104 Stat.

523, provided that: "The Secretary shall, not later than one year

after the date of the enactment of this Act [Aug. 18, 1990], issue

regulations necessary to ensure that vessels subject to the Vessel

Bridge-to-Bridge Radiotelephone Act of 1971 (33 U.S.C. 1203) are

also equipped as necessary to -

"(1) receive radio marine navigation safety warnings; and

"(2) engage in radio communications on designated frequencies

with the Coast Guard, and such other vessels and stations as may

be specified by the Secretary."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 46 section 14305.

-End-

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33 USC Sec. 1204 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 24 - VESSEL BRIDGE-TO-BRIDGE COMMUNICATION

-HEAD-

Sec. 1204. Radiotelephone for exclusive use of master, person in

charge, or pilot; frequency listening watch; portable

radiotelephone equipment

-STATUTE-

The radiotelephone required by this chapter is for the exclusive

use of the master or person in charge of the vessel, or the person

designated by the master or person in charge to pilot or direct the

movement of the vessel, who shall maintain a listening watch on the

designated frequency. Nothing contained herein shall be interpreted

as precluding the use of portable radiotelephone equipment to

satisfy the requirements of this chapter.

-SOURCE-

(Pub. L. 92-63, Sec. 5, Aug. 4, 1971, 85 Stat. 165.)

-End-

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33 USC Sec. 1205 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 24 - VESSEL BRIDGE-TO-BRIDGE COMMUNICATION

-HEAD-

Sec. 1205. Radiotelephone capability; maintenance; restoration;

consequences of loss: navigation of vessel

-STATUTE-

Whenever radiotelephone capability is required by this chapter, a

vessel's radiotelephone equipment shall be maintained in effective

operating condition. If the radiotelephone equipment carried aboard

a vessel ceases to operate, the master shall exercise due diligence

to restore it or cause it to be restored to effective operating

condition at the earliest practicable time. The failure of a

vessel's radiotelephone equipment shall not, in itself, constitute

a violation of this chapter, nor shall it obligate the master of

any vessel to moor or anchor his vessel; however, the loss of

radiotelephone capability shall be given consideration in the

navigation of the vessel.

-SOURCE-

(Pub. L. 92-63, Sec. 6, Aug. 4, 1971, 85 Stat. 165.)

-End-

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33 USC Sec. 1206 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 24 - VESSEL BRIDGE-TO-BRIDGE COMMUNICATION

-HEAD-

Sec. 1206. Exemptions; terms and conditions

-STATUTE-

The Secretary may, if he considers that marine navigational

safety will not be adversely affected or where a local

communication system fully complies with the intent of this concept

but does not conform in detail, issue exemptions from any

provisions of this chapter, on such terms and conditions as he

considers appropriate.

-SOURCE-

(Pub. L. 92-63, Sec. 7, Aug. 4, 1971, 85 Stat. 165.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1203 of this title.

-End-

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33 USC Sec. 1207 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 24 - VESSEL BRIDGE-TO-BRIDGE COMMUNICATION

-HEAD-

Sec. 1207. Regulations

-STATUTE-

(a) Operating and technical conditions and characteristics;

frequencies, emission, and power of radiotelephone equipment

The Federal Communications Commission shall, after consultation

with other cognizant agencies, prescribe regulations necessary to

specify operating and technical conditions and characteristics

including frequencies, emission, and power of radiotelephone

equipment required under this chapter.

(b) Enforcement

The Secretary shall, subject to the concurrence of the Federal

Communications Commission, prescribe regulations for the

enforcement of this chapter.

-SOURCE-

(Pub. L. 92-63, Sec. 8, Aug. 4, 1971, 85 Stat. 165.)

-End-

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33 USC Sec. 1208 01/06/03

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TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER 24 - VESSEL BRIDGE-TO-BRIDGE COMMUNICATION

-HEAD-

Sec. 1208. Penalties

-STATUTE-

(a) Master, person in charge, or pilot subject to penalty

Whoever, being the master or person in charge of a vessel subject

to this chapter, fails to enforce or comply with this chapter or

the regulation, hereunder; or

Whoever, being designated by the master or person in charge of a

vessel subject to this chapter to pilot or direct the movement of

the vessel, fails to enforce or comply with this chapter or the

regulations hereunder -

Is liable to a civil penalty of not more than $500 to be assessed

by the Secretary.

(b) Vessels subject to penalty; jurisdiction

Every vessel navigating in violation of this chapter or the

regulations hereunder is liable to a civil penalty of not more than

$500 to be assessed by the Secretary for which the vessel may be

proceeded against in any district court of the United States having

jurisdiction.

(c) Remission or mitigation

Any penalty assessed under this section may be remitted or

mitigated by the Secretary upon such terms as he may deem proper.

-SOURCE-

(Pub. L. 92-63, Sec. 9, Aug. 4, 1971, 85 Stat. 165.)

-End-