Passenger Vessel Safety & Regulations

The 6-Passenger Rule and UPV Definition

The foundational rule of passenger vessel law is found in 46 USC 2101(42): an uninspected passenger vessel (UPV) is any vessel that carries 6 or fewer passengers for hire. The moment a seventh paying passenger steps aboard, the vessel ceases to be a UPV and becomes an inspected vessel subject to the full suite of USCG inspection requirements under 46 CFR Subchapter T (for vessels under 100 GRT) or Subchapter K (for larger vessels).

UPVs are regulated primarily by 46 CFR Part 26, which imposes far less prescriptive requirements than Subchapter T — but UPVs are not unregulated. Part 26 requires: one USCG-approved PFD per person, fire extinguishers, visual distress signals, a Type IV throwable device, and a pre-departure safety briefing.

Carrying-for-Hire: The Broad Legal Definition

Under 46 USC 2101, a passenger is for hire whenever any consideration is received by the owner, operator, or any other person in connection with carrying that passenger. The USCG interprets this broadly:

• •Monetary payment directly for the trip
• •Tips, gratuities, or gifts received in connection with the charter
• •Barter arrangements (services exchanged for boat trips)
• •Club memberships that include chartering benefits
• •Corporate entertainment where the company pays for the trip
• •Fishing guide fees that include transportation on the water

Operating without a proper license while carrying passengers for hire is a federal criminal offense under 46 USC 2302, carrying civil penalties up to $25,000 per violation per day, and potential criminal prosecution. Do not assume that informal arrangements escape this definition — they do not.

The 100 Gross Ton Threshold

Gross tonnage (GT) is a volumetric measure of enclosed vessel space, not weight. The 100 gross register ton (GRT) boundary is critical because it determines which license and which set of regulations apply:

USCG-Licensed Operator Requirements

Any vessel carrying passengers for hire must be operated by a person holding a valid USCG Merchant Mariner Credential (MMC) with the appropriate operator endorsement. Key requirements:

• •OUPV: Required for UPVs (1–6 passengers for hire). Authorizes near-coastal, inland, and rivers/lakes routes up to 100 NM offshore. Requires 360 days sea service (90 days as operator or mate), first aid/CPR, and passing the USCG OUPV exam.
• •Master 25/50/100 GRT: Required for inspected passenger vessels. The tonnage endorsement must meet or exceed the vessel's documented gross tonnage. Requires greater sea service, additional exam modules, and in some cases STCW Basic Safety Training.
• •License must be aboard: The MMC must be carried on the vessel during operation and presented to any USCG official upon request.
• •Renewals: MMC credentials must be renewed every 5 years. Sea service, continued training, and a medical certificate are required for renewal.

Overview of 46 CFR Subchapter T

46 CFR Subchapter T (Parts 175–185) is the primary regulatory framework for small passenger vessels carrying more than 6 passengers for hire that are under 100 gross tons. It covers:

Subchapter T imposes specific construction standards, equipment carriage requirements, manning levels, and operational procedures that are far more demanding than those applicable to UPVs. Compliance is verified by a USCG Marine Inspector during periodic inspections.

The Certificate of Inspection (COI)

The Certificate of Inspection is the foundational document for any inspected passenger vessel. Issued by the USCG after a successful inspection, the COI establishes the legal conditions under which the vessel may operate. Key COI elements:

• •Authorized route: The geographic area where the vessel is permitted to operate (e.g., "Lakes, Bays and Sounds," "Near Coastal," "Oceans"). Operating outside this route is a COI violation.
• •Maximum passengers: The absolute ceiling on the number of passengers permitted aboard. Exceeding this number is a federal offense.
• •Minimum crew: The minimum number and qualifications of crew members required for the voyage.
• •Required equipment: A specific inventory of lifesaving, fire, and navigation equipment that must be aboard and serviceable.
• •Expiration date: COIs are typically issued for 5-year periods, with annual examinations. Operating with an expired COI is a violation.

Inspection Process and Drydock Requirements

Inspected passenger vessels must undergo USCG examination at specified intervals. For most small passenger vessels under Subchapter T:

• •Annual examination: In-water examination of the vessel, equipment, and records every 12 months.
• •Drydock/out-of-water inspection: Required every 5 years (or sooner if structural concerns exist) to inspect the hull below the waterline, through-hull fittings, and steering gear.
• •Failure consequences: The USCG may detain the vessel, suspend the COI, or issue a Notice of Violations. The vessel may not carry passengers until deficiencies are corrected and the COI is reinstated.

Pre-Departure Safety Briefings (46 CFR 185.506)

Before getting underway or immediately after departure, the master or a designated crew member must conduct a safety orientation for all passengers. This is a mandatory legal requirement under 46 CFR 185.506, not a courtesy. The briefing must cover:

The briefing may be delivered in person, via video, or through a combination — but must be in the language(s) understood by passengers. The master must record the briefing in the vessel's official logbook, noting date, time, route, and number of passengers aboard.

Muster Drills for Crew and Extended Voyages

For overnight or extended voyages, a full muster drill must be conducted with passengers assembled at their assigned muster stations. Crew members must demonstrate:

• •How to properly don a PFD, including adjustment for different body types
• •How to deploy life rafts, life floats, and buoyant apparatus
• •Operation of distress signals (flares, EPIRBs, sound signals)
• •Location and use of firefighting equipment
• •Emergency communications procedures and VHF Channel 16

Crew drills must be conducted at minimum once per month under 46 CFR 185.520, and whenever a significant number of new crew members join the vessel. All drills must be logged.

Passenger Counting and Manifests

Accurate passenger counting is a legal requirement and a safety imperative. Under 46 CFR 185.732, the master of an inspected passenger vessel must:

• •Count all passengers before departure and verify the count does not exceed the COI limit
• •Maintain a passenger list (manifest) for voyages over 20 nautical miles or overnight trips
• •For international voyages, maintain a complete manifest with names, nationalities, and passport numbers
• •Keep a copy of the manifest ashore with a responsible person who can provide it to the USCG in an emergency

PFD Requirements for Passengers

Under 46 CFR 180.64 (Subchapter T), inspected passenger vessels must carry at minimum one USCG-approved Type I, II, or III PFD for every person aboard — crew and passengers alike. Key requirements:

PFDs must be:

• •Readily accessible — not stored in sealed bags, locked lockers, or buried under gear
• •Sized appropriately for the intended wearer (children's sizes for passengers under a certain weight)
• •In serviceable condition — no tears, missing hardware, waterlogged foam, or failed inflators
• •Equipped with retroreflective tape (Type I/II required on offshore vessels)

Throw Ropes and Rescue Equipment

In addition to Type IV throwables, passenger vessels should carry — and many COIs require — throw ropes (throw bags) for MOB rescue. A throw rope is a bag containing 50–75 feet of floating polypropylene line that can be deployed quickly from the deck. Key throw rope protocol:

• 1.Hold the open end of the bag, shout the victim's name to alert them
• 2.Throw the bag past the victim so the line falls across them
• 3.Keep tension on the line and swing the victim to the vessel or shore
• 4.Repack the bag immediately after use for the next emergency

Passenger vessels should also carry: a rescue sling or boarding ladder, a pike pole or boat hook, a safety harness for rescuer deployment, and a dedicated MOB marker buoy with a drogue to slow victim drift.

Life Rafts, Life Floats, and Buoyant Apparatus

Under 46 CFR Part 180, the type and quantity of inflatable life rafts, life floats, or buoyant apparatus required depends on the vessel's route and COI. Offshore and ocean-route vessels generally require life rafts with SOLAS-grade equipment packs. Near-coastal vessels may use approved life floats. Critical requirements:

• •Total capacity must equal or exceed the maximum persons aboard (passengers plus crew)
• •Inflatable life rafts must be hydrostatically released or manually deployed within 30 seconds
• •Life rafts must be inspected at an approved service station at intervals specified by the manufacturer and USCG (typically every 1–3 years)
• •Crew must be trained and drilled on deployment procedures

Emergency Drill Requirements

Passenger vessel operators are required to conduct and log emergency drills covering the following scenarios:

All drills must be entered in the official vessel logbook with the date, time, nature of the drill, names of crew participating, and any deficiencies noted. Logbook entries are reviewed during USCG inspections.

Man Overboard Procedures for Passenger Vessels

A passenger MOB event on a commercial vessel requires simultaneous management of the rescue and crowd control of remaining passengers. The standard sequence:

Seasickness and Medical Emergencies

Passenger vessels regularly encounter medical situations ranging from seasickness to cardiac events. The licensed master bears responsibility for passenger welfare and must be prepared:

• •Seasickness: Advise passengers at risk to take medication before departure (meclizine, scopolamine patches). Keep affected passengers on deck amidships (lowest motion point). Keep them hydrated. If severe, return to port or anchor in protected water.
• •Cardiac events: Licensed masters with vessels over a certain passenger capacity may be required to carry an AED (Automated External Defibrillator). Know how to use it. Activate VHF Ch. 16, contact the USCG or Sea Tow for emergency coordination.
• •USCG Medical Advisory: The USCG maintains a medical advisory line through sector commands. Hailing Coast Guard on Ch. 16 and requesting a medevac or medical guidance is always appropriate when life is threatened.
• •First aid certification: Both OUPV and Master license holders must maintain current first aid and CPR certification as a condition of licensing.

The Master's Authority Over Passengers

The master of a vessel has absolute authority over all persons aboard under maritime law. This authority is not merely conventional — it is codified in law and recognized by every court. Key powers:

• •The master may refuse to carry any passenger who poses a threat to the safety of the vessel, crew, or other passengers
• •The master may confine or restrain a disruptive passenger in an emergency
• •The master may return to port at any time if safety conditions warrant, regardless of the charter agreement or passenger preferences
• •The master is responsible for ensuring compliance with all USCG regulations aboard — passenger ignorance of the rules is not a defense for the operator

Alcohol Policies Aboard Passenger Vessels

Operating a vessel under the influence of alcohol or drugs is a federal offense under 46 USC 2302 (BUI — Boating Under the Influence). The BAC limit for operating a vessel is 0.08% blood alcohol content — the same as driving in most states. However, for licensed operators carrying passengers for hire, the standard is effectively zero: a USCG-licensed master with any detectable impairment risks license suspension or revocation.

Regarding passenger alcohol consumption:

• •Passengers may consume alcohol aboard if the operator permits it and local law allows — but the master is responsible for the consequences
• •An intoxicated passenger is a safety hazard: impaired balance on a moving vessel significantly increases the risk of falling overboard
• •Many experienced operators establish a clear alcohol policy in their charter agreements and briefings — quantity limits, no drinking until anchored, or no alcohol at all
• •The master should never feel pressured by passengers to continue a voyage when safety — including passenger sobriety — is in question

Incident Reporting Obligations

Operators of passenger vessels have mandatory reporting obligations when certain incidents occur. Under 46 CFR Part 4, a Serious Marine Incident (SMI) requiring immediate reporting includes:

• •Death or missing person resulting from vessel operation
• •Injury requiring professional medical treatment beyond first aid
• •Damage to property in excess of $25,000
• •Material discharge of oil or hazardous material
• •Vessel stranding or grounding

Following an SMI, the licensed operator must submit to chemical testing (drug/alcohol) within 2 hours of the incident. Refusal to test is treated as a positive result. A written report (CG-2692) must be filed within 5 days.