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lighted by red lights, visible in all directions of the same size and character as specified in rule 5 above: Provided, That the foregoing provisions of this paragraph shall not apply to the following waters of New York Harbor and adjacent waters; namely, the East River, the North River (Battery to Spuyten Duyvil), the Harlem River, and the New York and New Jersey Channels (from the Upper Bay through the Kill Van Kull, Newark Bay, Arthur Kill, and Raritan Bay to the Lower Bay).

12. Obstruction of channel by floating plant.

Channels shall not be unnecessarily obstructed by any dredge or other floating plant. While vessels are passing such plant, all lines running therefrom across the channel on the passing side, which may interfere with or obstruct navigation, shall be slacked to the bottom of the channel.

13. Protection of marks placed for the guidance of floating plant.

Vessels shall not run over anchor buoys, or buoys, stakes, or other marks placed for the guidance of floating plant working in channels; and shall not anchor on the ranges of buoys, stakes, or other marks placed for the guidance of such plant.

NOTE.-If it is necessary to prohibit or limit the anchorage or movement of vessels within certain areas in order to facilitate the work of improvement, application should be made through official channels for establishment by the Secretary of War of special or temporary regulations for this purpose.

14. Clearing of channels.

When special or temporary regulations have not been prescribed and action under these rules and regulations will not afford clear passage, floating plant in narrow channels shall, upon notice, move out of the way of vessels a sufficient distance to allow them a clear passage. Vessels desiring passage shall, however, give the master of the floating plant ample notice in advance of the time they expect to pass.

15. Revocation of conflicting regulations.

All regulations or parts of regulations in conflict with these regulations are hereby revoked.

Approved, May 19, 1928.

MOTORBOAT ACT OF APRIL 25, 1940

AN ACT TO AMEND LAWS FOR PREVENTING COLLISIONS OF VESSELS, TO REGULATE THE EQUIPMENT OF CERTAIN MOTORBOATS ON THE NAVIGABLE WATERS OF THE UNITED STATES, AND FOR OTHER PURPOSES

Motorboat defined; inspection

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the word "motorboat" where used in this Act shall include every vessel propelled by machinery and not more than sixty-five feet in length except tugboats and towboats propelled by steam. The length shall be measured from end to end over the deck, excluding sheer: Provided, That the engine, boiler, or other operating machinery shall be subject to inspection by the local inspectors1 steam vessels, and to their approval of the design thereof, on all said motorboats, which are more than forty feet in length, and which are propelled by machinery driven by steam.

Classes of motorboats

SEC. 2. Motorboats subject to the provisions of this Act shall be divided into four classes as follows:

Class A. Less than sixteen feet in length.

Class 1. Sixteen feet or over and less than twenty-six feet in length. Class 2. Twenty-six feet or over and less than forty feet in length. Class 3. Forty feet or over and not more than sixty-five feet in length.

Lights

SEC. 3. Every motorboat in all weathers from sunset to sunrise shall carry and exhibit the following lights when under way, and during such time no other lights which may be mistaken for those prescribed shall be exhibited:

(a) Every motorboat of classes A and 1 shall carry the following lights:

First. A bright white light aft to show all around the horizon. Second. A combined lantern in the fore part of the vessel and lower than the white light aft, showing green to starboard and red to port, so fixed as to throw the light from right ahead to two points abaft the beam on their respective sides.

(b) Every motorboat of classes 2 and 3 shall carry the following lights:

First. A bright white light in the fore part of the vessel as near the steam as practicable, so constructed as to show an unbroken light

Local inspectors have been abolished by order of the Commandant, U. S. Coast Guard, and are replaced by Officers in Charge, Marine Inspection.

over an arc of the horizon of twenty points of the compass, so fixed as to throw the light ten points on each side of the vessel; namely, from right ahead to two points abaft the beam on either side.

Second. A bright white light aft to show all around the horizon and higher than the white light forward.

Third. On the starboard side a green light so constructed as to show an unbroken light over an arc of the horizon of ten points of the compass, so fixed as to throw the light from right ahead to two points abaft the beam on the starboard side. On the port side a red light so constructed as to show an unbroken light over an arc of the horizon of ten points of the compass, so fixed as to throw the light from right ahead to two points abaft the beam on the port side. The said side lights shall be fitted with inboard screens of sufficient height so set as to prevent these lights from being seen across the bow.

(c) Motorboats of classes 2 and 3, when propelled by sail and machinery, or by sail alone, shall carry the colored side lights, suitably screened, but not the white lights prescribed by this section: Provided, however, That motorboats of all classes, when so propelled, shall carry, ready at hand, a lantern or flashlight showing a white light which shall be exhibited in sufficient time to avert collision: Provided further, That motorboats of classes A and 1, when so propelled, shall not be required to carry the combined lantern prescribed by subsection (a) of this section.

(d) Every white light prescribed by this section shall be of such character as to be visible at a distance of at least two miles. Every colored light prescribed by this section shall be of such character as to be visible at a distance of at least one mile. The word "visible" in this Act, when applied to lights, shall mean visible on a dark night with clear atmosphere.

Whistles

SEC. 4. Every motorboat of class 1, 2, or 3, shall be provided with an efficient whistle or other sound-producing mechanical appliance.

Bells

SEC. 5. Every motorboat of class 2 or 3 shall be provided with an efficient bell.

*

Exemptions for outboard racing motorboats

SEC. 9. The provisions of sections 4, 5, and 8 of this Act shall not apply to motorboats propelled by outboard motors while competing in any race previously arranged and announced or, if such boats be designed and intended solely for racing, while engaged in such navigation as is incidental to the tuning up of the boats and engines for the race.

*

Pilot rules not required

SEC. 12. Motorboats shall not be required to carry on board copies of the pilot rules.

Negligent operation

SEC. 13. No person shall operate any motorboat or any vessel in a reckless or negligent manner so as to endanger the life, limb, or property of any person.

Penalty for negligent operation

SEC. 14. Any person who shall operate any motorboat or any vessel in a reckless or negligent manner so as to endanger the life, limb, or property of any person shall be deemed guilty of a misdemeanor and on conviction thereof by any court of competent jurisdiction shall be punished by a fine not exceeding $2,000, or by imprisonment for a term of not exceeding one year, or by both such fine and imprisonment, at the discretion of the court.

Authority to arrest for negligent operation

SEC. 15. Any officer of the United States authorized to enforce the navigation laws of the United States, shall have power and authority to swear out process and to arrest and take into custody, with or without process, any person who may commit any act or offense prohibited by section 13, or who may violate any provision of said section: Provided, That no person shall be arrested without process for any offense not committed in the presence of some one of the aforesaid officials: Provided further, That whenever an arrest is made under the provisions of this act, the person so arrested shall be brought forthwith before a commissioner, judge, or court of the United States for examination of the offense alleged against him, and such commissioner, judge, or court shall proceed in respect thereto as authorized by law in cases of crimes against the United States.

Penalty for other violations of Act

SEC. 16. If any motorboat or vessel subject to any of the provisions of this Act is operated or navigated in violation of this Act or any regulation issued thereunder, the owner or operator, either one or both of them, shall, in addition to any other penalty prescribed by law than that contained in section 14 of this Act, be liable to a penalty of $100: Provided, That in the case of motorboats or vessels subject to the provisions of this Act carrying passengers for hire, a penalty of $200 shall be imposed on the owner or operator, either one or both of them, thereof for any violation of section 6, 7, or 8 of this Act or of any regulations pertaining thereto. For any penalty incurred under this section the motorboat or vessel shall be held liable and may be proceeded against by way of libel in the district court of any district in which said motorboat or vessel may be found.

Regulations; enforcement

SEC. 17. The Board of Supervising Inspectors 2 with the approval of the Secretary of Commerce 2 shall establish all necessary regulations required to carry out in the most effective manner all of the provisions

2 See footnote on page 32.

of this act, and such regulations when approved by the Secretary of Commerce 2 shall have the force of law. The Secretary of Commerce 2 or any officer of the Department of Commerce authorized by the Secretary of Commerce 2 may, upon application therefor, remit or mitigate any fine, penalty, or forfeiture incurred under this Act or any regulation thereunder relating to motorboats or vessels, except the penalties provided for in section 14 hereunder. The Secretary of Commerce 2 shall establish such regulations as may be necessary to secure the enforcement of the provisions of this Act by any officer of the United States authorized to enforce the navigation laws of the United States.

Exemptions

SEC. 18. The proviso contained in the last paragraph of section 2 of the Act of May 11, 1918 (40 Stat. 549), shall apply also with like force and effect to motorboats as defined in this Act.

Motorboats as defined in this Act are hereby exempted from the provisions of Revised Statutes 4399, as amended (48 Stat. 125).

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Certificate of award of number; exemptions

SEC. 21. The provisions of section 210 of title II of the AntiSmuggling Act, approved August 5, 1935 (49 Stat. 526; U. S. C., 1934 edition, Supp. IV, title 46, sec. 288), requiring a certificate of award of a number to be kept at all times on board of the vessel to which the number has been awarded shall not apply to any vessel not exceeding seventeen feet in length measured from end to end over the deck, excluding sheer, or to any vessel whose design of fittings are such that the carrying of a certificate of award of the number on such vessel would render such certificate imperfect, illegible, or would otherwise tend to destroy its usefulness as a means of ready identification.

Approved April 25, 1940.

2 Under Executive Order No. 9083, dated February 28, 1942, all the functions of the Board of Supervising Inspectors, and the functions of the Secretary of Commerce under this act are transferred to the Commandant, U. S. Coast Guard.

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