33 U.S.C. § 1205 — Radiotelephone capability; maintenance;

Page 346 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1203 its provisions, whichever is later, see section 10 of Pub. L. 92–63, set out as a note under section 1201 of this title. 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 relat- ing 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 Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 1203. Radiotelephone requirement (a) Vessel coverage; exchange of navigational in- formation Except as provided in section 1206 of this title— (1) every power-driven vessel of twenty me- ters 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 Sec- retary under section 14104 of that title, and up- ward 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 capa- ble of transmitting and receiving on the fre- quency or frequencies within the 156–162 Mega- Hertz band using the classes of emissions des- ignated by the Federal Communications Com- mission, after consultation with other cognizant agencies, for the exchange of navigational infor- mation. (b) Vessels upon navigable waters of United States inside high seas lines The radiotelephone required by subsection (a) 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. (Pub. L. 92–63, § 4, Aug. 4, 1971, 85 Stat. 164; Pub. L. 102–241, § 16, Dec. 19, 1991, 105 Stat. 2213; Pub. L. 104–324, title VII, § 704, Oct. 19, 1996, 110 Stat. 3933; Pub. L. 107–295, title III, § 321, Nov. 25, 2002, 116 Stat. 2103.) Editorial Notes REFERENCES IN TEXT Presidential Proclamation 5928 of December 27, 1988, referred to in subsec. (b), is set out as a note under sec- tion 1331 of Title 43, Public Lands. 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 Proc- lamation 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 meas- ured under section 14502 of title 46, or an alternate ton- nage measured under section 14302 of that title as pre- scribed 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’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective May 1, 1971, or six months after the promulgation of regulations which would implement its provisions, whichever is later, see section 10 of Pub. L. 92–63, set out as a note under section 1201 of this title. VESSEL COMMUNICATION EQUIPMENT REGULATIONS Pub. L. 101–380, title IV, § 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 Ra- diotelephone Act of 1971 (33 U.S.C. 1203) are also equipped as necessary to— ‘‘(1) receive radio marine navigation safety warn- ings; and ‘‘(2) engage in radio communications on designated frequencies with the Coast Guard, and such other ves- sels and stations as may be specified by the Sec- retary.’’ § 1204. Radiotelephone for exclusive use of mas- ter, person in charge, or pilot; frequency lis- tening watch; portable radiotelephone equip- ment 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. (Pub. L. 92–63, § 5, Aug. 4, 1971, 85 Stat. 165.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective May 1, 1971, or six months after the promulgation of regulations which would implement its provisions, whichever is later, see section 10 of Pub. L. 92–63, set out as a note under section 1201 of this title. § 1205. Radiotelephone capability; maintenance; restoration; consequences of loss: navigation of vessel Whenever radiotelephone capability is re- quired by this chapter, a vessel’s radiotelephone equipment shall be maintained in effective oper- ating 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 Page 347 TITLE 33—NAVIGATION AND NAVIGABLE WATERS §§ 1221 to 1223 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. (Pub. L. 92–63, § 6, Aug. 4, 1971, 85 Stat. 165.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective May 1, 1971, or six months after the promulgation of regulations which would implement its provisions, whichever is later, see section 10 of Pub. L. 92–63, set out as a note under section 1201 of this title. § 1206. Exemptions; terms and conditions The Secretary may, if he considers that ma- rine navigational safety will not be adversely af- fected 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 appro- priate. (Pub. L. 92–63, § 7, Aug. 4, 1971, 85 Stat. 165.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective May 1, 1971, or six months after the promulgation of regulations which would implement its provisions, whichever is later, see section 10 of Pub. L. 92–63, set out as a note under section 1201 of this title. § 1207. Regulations (a) Operating and technical conditions and char- acteristics; 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 concur- rence of the Federal Communications Commis- sion, prescribe regulations for the enforcement of this chapter. (Pub. L. 92–63, § 8, Aug. 4, 1971, 85 Stat. 165.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective May 1, 1971, or six months after the promulgation of regulations which would implement its provisions, whichever is later, see section 10 of Pub. L. 92–63, set out as a note under section 1201 of this title. § 1208. Penalties (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 en- force or comply with this chapter or the regula- tion, hereunder; or Whoever, being designated by the master or person in charge of a vessel subject to this chap- ter to pilot or direct the movement of the ves- sel, 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 as- sessed 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. (Pub. L. 92–63, § 9, Aug. 4, 1971, 85 Stat. 165.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective May 1, 1971, or six months after the promulgation of regulations which would implement its provisions, whichever is later, see section 10 of Pub. L. 92–63, set out as a note under section 1201 of this title. CHAPTER 25—PORTS AND WATERWAYS SAFETY PROGRAM §§ 1221 to 1223. Repealed. Pub. L. 115–282, title IV, § 402(e), Dec. 4, 2018, 132 Stat. 4264 Section 1221, Pub. L. 92–340, § 2, formerly title I, § 101, July 10, 1972, 86 Stat. 424; renumbered and amended Pub. L. 95–474, § 2, Oct. 17, 1978, 92 Stat. 1471; Pub. L. 107–295, title IV, § 443(1), Nov. 25, 2002, 116 Stat. 2132, re- lated to statement of policy. Section 1222, Pub. L. 92–340, § 3, formerly title I, § 102, July 10, 1972, 86 Stat. 425; renumbered and amended Pub. L. 95–474, § 2, Oct. 17, 1978, 92 Stat. 1471; Pub. L. 105–383, title III, § 301(a), Nov. 13, 1998, 112 Stat. 3417; Pub. L. 108–293, title III, § 304, Aug. 9, 2004, 118 Stat. 1042, provided definitions for the chapter. Section 1223, Pub. L. 92–340, § 4, formerly title I, § 103, July 10, 1972, 86 Stat. 426; renumbered and amended Pub. L. 95–474, § 2, Oct. 17, 1978, 92 Stat. 1472; Pub. L. 101–380, title IV, § 4107(a), Aug. 18, 1990, 104 Stat. 514; Pub. L. 104–324, title VII, § 705, Oct. 19, 1996, 110 Stat. 3934; Pub. L. 108–293, title III, § 302, Aug. 9, 2004, 118 Stat. 1041; Pub. L. 109–241, title IX, § 901(d), July 11, 2006, 120 Stat. 564; Pub. L. 115–44, title III, § 315(b)(1), Aug. 2, 2017, 131 Stat. 949, related to vessel operating requirements. See section 70001 of Title 46, Shipping. Statutory Notes and Related Subsidiaries SHORT TITLE OF 1986 AMENDMENT Pub. L. 99–399, title IX, § 901, Aug. 27, 1986, 100 Stat. 889, provided that: ‘‘This title [enacting section 1226 of this title and sections 1801 to 1809 of the former Appen- dix to Title 46, Shipping] may be cited as the ‘Inter- national Maritime and Port Security Act’.’’ SHORT TITLE OF 1978 AMENDMENT Pub. L. 95–474, § 1, Oct. 17, 1978, 92 Stat. 1471, provided: ‘‘That this Act [enacting sections 1225, 1228 to 1231, and 1232 of this title, amending this section, sections 1222 to 1224, 1226, and 1227 of this title, and sections 214 and 391a of Title 46, Shipping, and enacting provisions set out as notes under this section and section 1224 of this title and section 391a of former Title 46] may be cited as the ‘Port and Tanker Safety Act of 1978’.’’