VSC CHAIR
NEWS

03-15-2014 - USCG and documented vessel questions

Good afternoon Lee, Gentlemen.

I thank you for the opportunity to respond to your inquiry.

It appears there is more than one item to address and perhaps a VSC policy determination to be made.

References:  46 USC 12302,  33 CFR 173, (173.11 Numbering), 33 CFR 174 and the Vessel Safety Check Manual, COMDTINST M16796.8.

First. The statement that: “It is clear that a documented vessel also has to be registered in the state where it resides.”  Is not clear or accurate.

This statement would only apply to documented vessels that are from and primarily operate in a state where there is a requirement for all vessels to be registered in that state.

If a vessel is documented and operates in a state where this is the case, the vessel only displays the validation sticker in the location as required by that state.  

When I mentioned vessels that operate in a state that has the above requirement, my intent is to frame this in that if the boat is documented and is from State X, and State X is the State of Principal Operation that is where the vessel would also be state registered if required.   

The VSC manual does not specifically address this dual registration issue. Discussion indicates that and  policy dictates both Federal Documentation and State registration in states which require registration for Documented vessels, must be current.  Both must be current to be eligible to receive a VSC decal.  

If the documented vessel is operating out of the state which required the state registration, such as your NJ vessel visiting FL scenario, then as long as the NJ State registration is current the vessel would be eligible for a VSC decal. (Sans the 90 day thing addressed below)

Regarding the “…allotted 90 days…”.  This is inaccurate.  The limit regarding this issue is 60 days. This is mentioned a couple of times in the regulations.  33 CFR 173.17(b)  Reciprocity, and 46 USC 12302.  I am not sure about Florida law regarding 90 days, but in the USC and the CFR’s it only mentions 60 days. This is when a vessel is no longer temporarily in another state and the validity of the out of state registration is no longer recognized.

This then becomes an enforcement issue.  Usually a difficult one to enforce as generally proof of being in the state more than 60 days must be established.  The question then becomes when did the clock start and did it restart at some point.  The vessel generally would only have to get underway, go out beyond states waters, come back in, and the 60 days could technically start again.

This presents an additional problem/concern(?). If the Documented vessel was from a state which also required state registration, now it has been in a state that does not require state registration for more than 60 days, assuming the registration is still current, is the out of state registration still acceptable? Does it matter?  Should this be considered when conducting a VSC, especially with a current Document aboard? I would think in this scenario it would not matter.

If any of you run into this scenario please let me know.  I mean really run into it, not I heard about one or I did one years ago, I mean right now.

Let us know what you do (did).

I Hope this answers your questions and adequately addresses this issue.If I can be of any other assistance please do not hesitate to contact me directly.Thanks and have a safe boating day.

At your service.

 Joe

03-12-2014 -