Volume 85 · 165
Public Law 92–63
To require a radiotelephone on certain vessels while navigating upon specified waters of the United States.
Approved August 4, 1971
Statutory text
AN ACT
To require a radiotelephone on certain vessels while navigating upon specified waters of the United States.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may be cited as the “Vessel Bridge-to-Bridge Radiotelephone Act”.
Sec. 2.
It is the purpose of this Act 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.
Sec. 3.
For the purpose of this Act—
“Secretary” means the Secretary of the Department in which the Coast Guard is operating;
“power-driven vessel” means any vessel propelled by machinery; and
“towing vessel” means any commercial vessel engaged in towing another vessel astern, alongside, or by pushing ahead.
Sec. 4.
Except as provided in section 7 of this Act—
every power-driven vessel of three hundred gross tons and upward while navigating;
every vessel of one hundred gross tons and upward carrying one or more passengers for hire while navigating;
every towing vessel of twenty-six feet or over in length while navigating; and
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.
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 inside the lines established pursuant to section 2 of the Act of February 19, 1895 (28 Stat. 672), as amended.
Sec. 5.
The radiotelephone required by this Act is for the exclusive
Use, restriction.
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 Act.
Sec. 6.
Whenever radiotelephone capability is required by this Act,
Equipment, maintenance.
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 Act, 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.
Sec. 7.
The Secretary may, if he considers that marine navigational
Exemptions.
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 Act, on such terms and conditions as he considers appropriate.
Sec. 8.
The Federal Communications Commission shall, after
Regulations.
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 Act.
The Secretary shall, subject to the concurrence of the Federal Communications Commission, prescribe regulations for the enforcement of this Act.
Sec. 9.
Whoever, being the master or person in charge of a
Penalty.
vessel subject to this Act, fails to enforce or comply with this Act or the regulation, hereunder; or
Whoever, being designated by the master or person in charge of a vessel subject to this Act to pilot or direct the movement of the vessel, fails to enforce or comply with this Act or the regulations hereunder—
Is liable to a civil penalty of not more than $500 to be assessed by the Secretary.
Every vessel navigating in violation of this Act 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.
Any penalty assessed under this section may be remitted or mitigated by the Secretary upon such terms as he may deem proper.
Sec. 10.
This Act shall become effective May 1, 1971, or six months
Effective date.
after the promulgation of regulations which would implement its provisions, whichever is later.
Approved August 4, 1971.