46 U.S.C.
United States Code, 2003 Edition
Title 46 - SHIPPING
Subtitle II - Vessels and Seamen
Part H - Identification of Vessels
CHAPTER 121 - DOCUMENTATION OF VESSELS
Sec. 12110 - Limitations on operations authorized by certificates
From the U.S. Government Publishing Office, www.gpo.gov

§12110. Limitations on operations authorized by certificates

(a) A vessel may not be employed in a trade except a trade covered by the endorsement issued for that vessel.

(b) A barge qualified to be employed in the coastwise trade may be employed, without being documented, in that trade on rivers, harbors, lakes (except the Great Lakes), canals, and inland waters.

(c) A vessel with only a recreational endorsement may not be operated other than for pleasure.

(d) A documented vessel, other than a vessel with only a recreational endorsement, may be placed under the command only of a citizen of the United States.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 588; Pub. L. 99–36, §1(a)(7)(D), May 15, 1985, 99 Stat. 67; Pub. L. 100–710, title I, §104(a)(4), Nov. 23, 1988, 102 Stat. 4750; Pub. L. 101–225, title III, §301(a)(10), Dec. 12, 1989, 103 Stat. 1922; Pub. L. 102–388, title III, §348(b), Oct. 6, 1992, 106 Stat. 1554; Pub. L. 102–587, title V, §5213(a)(2), Nov. 4, 1992, 106 Stat. 5077; Pub. L. 104–324, title III, §301(c), (d)(1), Oct. 19, 1996, 110 Stat. 3916.)

Historical and Revision Notes
Revised sectionSource section (U.S. Code)
12110 46:65m

Section 12110 provides that a vessel is limited to the trade covered by its certificate of documentation; exempts certain barges from documentation; requires that the person in charge be a citizen of the United States; and provides for a penalty for violation.

Amendments

1996—Subsec. (c). Pub. L. 104–324, §301(c), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “A vessel and its equipment are liable to seizure by and forfeiture to the United States Government—

“(1) when a vessel is operated after its endorsement has been denied or revoked under section 12123 of this title;

“(2) when a vessel is employed in a trade without an appropriate trade endorsement; or

“(3) when a documented vessel with a recreational endorsement is operated other than for pleasure.”

Subsec. (d). Pub. L. 104–324, §301(d)(1), inserted “, other than a vessel with only a recreational endorsement,” after “A documented vessel”.

1992—Subsec. (c). Pub. L. 102–587 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “When a vessel is operated after the Secretary has denied issuance or renewal of an endorsement or revoked the endorsement under section 12123 of this title and before the endorsement is reinstituted, or is employed in a trade for which an endorsement is required, without a certificate of documentation with an appropriate endorsement for that trade, or a documented vessel with a recreational endorsement is operated other than for pleasure, the vessel and its equipment are liable to seizure by and forfeiture to the United States Government.”

Pub. L. 102–388 substituted “When a vessel is operated after the Secretary has denied issuance or renewal of an endorsement or revoked the endorsement under section 12123 of this title and before the endorsement is reinstituted, or is employed in a trade for which an endorsement is required, without a certificate of documentation with an appropriate endorsement for that trade,” for “When a vessel is employed in a trade not covered by the endorsement issued for that vessel,”.

1989—Subsec.(a). Pub. L. 101–225, §301(a)(10)(A), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “A vessel may not be employed in a trade except a trade covered by the certificate of documentation issued for that vessel. A documented recreational vessel may be operated only for pleasure. However, a certificate of documentation may be exchanged, under regulations prescribed by the Secretary of Transportation, for another type of certificate of documentation or endorsed appropriately for a trade for which the vessel qualifies.”

Subsec. (c). Pub. L. 101–225, §301(a)(10)(B), substituted “endorsement” for “certificate of documentation”, “vessel with a recreational endorsement” for “recreational vessel”, and “other than” for “except”.

1988—Subsec. (a). Pub. L. 100–710 inserted “of Transportation” after “Secretary”.

1985—Subsecs. (a), (c). Pub. L. 99–36 substituted “documented recreational” for “documented pleasure”.

Effective Date of 1988 Amendment

Amendment by Pub. L. 100–710 effective Jan. 1, 1989, with certain exceptions and qualifications, see section 107 of Pub. L. 100–710, set out as an Effective Date note under section 30101 of this title.

Application of Section to Fishing Vessels in California

Citizen of the United States to include an alien lawfully admitted for permanent residence, for purposes of applying this section to vessels operating in waters off the coast of California, subject to United States jurisdiction, see section 317 of Pub. L. 101–595, set out as a note under section 8103 of this title.

Section Referred to in Other Sections

This section is referred to in section 12111 of this title.