Sec. 311. Installation and use of engine cut-off switches on recreational vessel
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/bill/115/s/1129/is/section-311·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Secretary of the department in which the Coast Guard is operating shall revised the regulations under part 175 of title 33, Code of Federal Regulations, to prohibit a person from operating a recreational vessel 25 feet or less in length unless— the person is wearing an engine cut-off switch link while operating on plane or above displacement speed; and the engine cut-off switch is factory equipped on the primary propulsion machinery. The requirement under paragraph
(1)shall not apply to the following: A vessel 25 feet or less in length whose main helm is installed within an enclosed cabin that would protect an operator from being thrown overboard should the operator be displaced from the helm. A vessel with propulsion machinery developing static thrust of less than 115 pounds or 3 horsepower. A vessel without factory equipped engine cut-off switches. The Secretary of the department in which the Coast Guard is operating shall revise the regulations under part 183 of title 33, Code of Federal Regulations, to require an equipment manufacturer, distributor, or dealer that installs propulsion machinery and associate starting controls on a recreational vessel 25 feet or less in length and capable of developing at least 115 pounds of static thrust to install an engine cut-off switch on such recreational vessel in accordance with the American Boat and Yacht Standard A–33, as amended. A person that violates a regulation promulgated under subsection (a)(1) of this section shall be subject to a civil penalty under section 4311 of title 46, United States Code, not to exceed— $100 for the first offense; $250 for the second offense; and $500 for any subsequent offense. In accordance with section 4306 of title 46, United States Code, a State may not establish, continue in effect, or enforce any law or regulation addressing engine cut-off switch requirements that is not identical to a regulation prescribed under this section. In this section: The term engine cut-off switch means a mechanical or electronic device that is connected to propulsion machinery that will stop propulsion if— the switch is not properly connected; or the switch components are submerged in water or separated from the switch by a predetermined distance. The term engine cut-off switch link means the equipment attached to the recreational vessel operator and which activates the engine cut-off switch. A regulation prescribed under this section shall specify an effective date that is not earlier than 1 year from the date the regulation was published.