[PUP] AIS Class B aboard a US vessel.

Mike Maurice mikem at yachtsdelivered.com
Sun Oct 26 14:18:48 EDT 2008


A recent post suggested that a US owner could buy a Class B AIS unit in 
Canada and use it aboard their boat.

There are a number of issues to keep in mind. First the use of a Class B 
unit aboard an American owned boat is not presently legal, in point of 
fact the mere possession is probably not legal. Bringing the unit into 
the US could get it confiscated by US Customs.

The FCC's authority extends to American vessels in International waters 
and to some extent even in the territory of a foreign country. This 
authority is rather draconian in that the equipment is subject to 
confiscation, and to add injury to insult, fines on the order of many 
thousands of dollars can be involved. As for foreign yachts, the FCC's 
authority to prohibit the USE (not possession) of this equipment within 
US territory is absolute.

The process whereby these things can be done to a violator can be swift 
and difficult to reverse.

Understand that I personally don't have a problem with American small 
vessels having or using AIS class B. If the FCC won't permit it's use in 
American territory then I think they should explicitly allow it's use on 
the ocean beyond 3 or maybe 12 miles and the high seas and wherever a 
foreign country permits it in that country's territory.

In the meantime, if you are thinking of buying in Canada and having it 
aboard your American boat, keep in mind what the consequences could be 
if you get crosswise to the FCC. The USCG and the US Customs Service are 
empowered to enforce FCC laws, so you don't actually have to encounter 
an FCC enforcement officer. These so called dire consequences are not 
very likely, unless the FCC decides that this is a problem they want to 
crack down on, which could mean you.

The only problem I have with this entire topic is the suggestion that 
buying in Canada and using it aboard an American boat is somehow legal 
and without any possible legal complications. There are a lot of naive 
and inexperienced people reading these posts and it does them no favor 
to have them think that this is perfectly legit. And it won't be until 
the FCC authorizes the class B equipment.




Regards,
Mike

_____________________________________
Capt. Mike Maurice
Tigard Oregon(Near Portland)


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