T&T: Accident Reporting - The Real Skinny

[Kevin Redden]

> -----Original Message-----
> I have been suspicious, but only recently found the confirmation that
> accidents that happen to US flag boats, that includes recreational, are
> required to file reports with the USCG. The fine is like $1000, maybe
> $5000 and it may be a daily fine, not sure about that.
> This means a US documented boat having an accident on the Mexican coast,
> the master is required to file a report with the USCG.
> 
> The confirmation is in the latest edition of Farwell's Rules of the
> Nautical Road (2004 ed). I don't have time to find the page number or
> cite the CFR.

Mike,

That is not completely correct. It doesn't matter what is written in a
private book like Farwell's, but rather what controls is the text written in
the federal regulations. In the case of our recreational boats, our accident
reporting rules are different from the rules governing inspected vessels.

Recreational boat accident reporting is governed by 33cfr173.51 and 173.55
(see http://tinyurl.com/enevr). That section of the Code of Federal
Regulations says:

    "This subpart applies to each vessel used on waters subject 
     to the jurisdiction of the United States and on the high 
     seas beyond the territorial seas ..........."

As that part reads, if you are in the coastal or territorial seas of another
country such as Mexico (territorial seas  are defined in 33cfr2.22), you
would be subject to the local countries reporting laws, but would not fall
under the accident reporting requirements of the USCG as you had thought.

An important side point on this issue is that in 2002, 33cfr173.55 was
amended to raise the minimum amount of damage that would trigger the
reporting obligation. Prior to the 2002 change, any damage of over $500
would require an accident report to be filed (hey, a scrape on a piling
could well do more that $500 damage to gell coat!). After the change, the
damage had to by over $2,000 before an accident report had to be filed.

Regards,
Kevin Redden