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Board of Supervising Inspectors with the approval of the Secretary of Commerce for property and efficiently ventilating the bilges of the engine and fuel tank compartments so as to remove any esplosive or inflammable gases: Provided, That this section shall apply only to such motorboats or vessels, the construction or decking over of which is commenced subsequent to the passage of this Act.
Pilot rules not required SEC. 12. Motorboats shall not be required to carry on board copies of the pilot rules.
Negligent operation Sec. 13. No person shall operate any motorboat or any vessel in a reckless or negligent manner so as to endanger the life, limb, or property of any person.
Penalty for negligent operation Sec. 14. Any person who shall operate any motorboat or any vessel in a reckless or negligent manner so as to endanger the life, limb, or property of any person shall be deemed guilty of a misdemeanor and
a on conviction thereof by any court of competent jurisdiction shall be punished by a fine not exceeding $2,000, or by imprisonment for a term of not exceeding one year, or by both such fine and imprisonment, at the discretion of the court.
Authority to arrest for negligent operation Sec. 15. Any officer of the United States authorized to enforce the navigation laws of the United States, shall have power and authority to swear out process and to arrest and take into custody, with or without process, any person who may commit any act or offense prohibited by section 13, or who may violate any provision of said section: Provided, That no person shall be arrested without process for any offensé not committed in the presence of some one of the aforesaid officials: Provided further, That whenever an arrest is made under the provisions of this Act, the person so arrested shall be brought forthwith before a commissioner, judge, or court of the United States for examination of the offense alleged against him, and such commissioner, judge, or court shall proceed in respect thereto as authorized by law in cases of crimes against the United States.
Penalty for other violations of Act SEC. 16. If any motorboat or vessel subject to any of the provisions of this Act is operated or navigated in violation of this Act or any regulation issued thereunder, the owner or operator, either one or both of them, shall, in addition to any other penalty prescribed by law than that contained in section 14 of this Act, be liable to a penalty of $100: Provided, That in the case of motorboats or vessels subject to the provisions of this Act carrying passengers for hire, a penalty of $200 shall be imposed on the owner or operator, either one
• See footnote on page 9.
or both of them, thereof for any violation of section 6, 7, or 8 of this Act or of any regulations pertaining thereto. For any penalty in. curred under this section the motorboat or vessel shall be held liable and may be proceeded against by way of libel in the district court of any district in which said motorboat or vesesl may be found.
Regulations; enforcement Sec. 17. The Board of Supervising Inspectors - with the approval of the Secretary of Commerce * shall establish all necessary regulations required to carry out in the most effective manner all of the provisions of this Act, and such regulations when approved by the Secretary of Commerce - shall have the force of law. The Secretary of Commerce or any officer of the Department of Commerce authorized by the Secretary of Commerce may, upon application therefor, remit or
* mitigate any fine, penalty, or forfeiture incurred under this Act or any regulation thereunder relating to motorboats or vessels, except the penalties provided for in section 14 hereunder. The Secretary of Commerce shall establish such regulations as may be necessary to secure the enforcement of the provisions of this Act by any officer of the United States authorized to enforce the navigation laws of the United States.
Exemptions Sec. 18. The proviso contained in the last paragraph of section 2 of the Act of May 11, 1918 (40 Stat. 549), shall apply also with like force and effect to motorboats as defined in this Act.
Motorboats as defined in this Act are hereby exempted from the provisions of Revised Statutes 4399, as amended (48 Stat. 125).
Effective date of Act Sro. 19. This Act shall take effect upon its approval as to all of the sections hereof except sections 6, 7, and 8, which sections shall take effect one year from the date of said approval, and for a period of one year from the date of approval of this Act sections 5, 6, and 7 of the Motorboat Act of June 9, 1910 (Public, Numbered 201, Sixtyfirst Congress; 36 Stat. 462), shall continue in full force and effect, except that from and after the date of the approval of this Act the Secretary of Commerce shall have authority to remit or mitigate all fines or penalties heretofore or hereafter incurred or imposed under sections 5 and 6 of the Motorboat Act of June 9, 1910. Except as hereinabove expressly provided, the Motorboat Act of June 9, 1910, above referred to, is repealed upon the approval of this Act and as to sections 5, 6, and 7 of said Act hereinabove continued the said sections are hereby repealed effective one year from the date of approval of this Act. Nothing in this Act shall be deemed to alter or amend section 4417a of the Revised Statutes (U. S. C., 1934 edition, Supp. IV, title 46, sec. 391a), the Act of August 26, 1935 (U. S. C., 1934 edition, Supp. IV, ch. 7A, secs. 178 and 179) thé Act of June 20,
• See footnote on page 9.
1936 (U. S. C., 1934 edition, Supp. IV, title 46, sec. 367), or repeal Acts of Congress or treaties embodying or revising international rules for preventing collisions at sea.
Appropriations SEC. 20. There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act.
Certificate of award of number, exemptions
SEC. 21. The provisions of section 210 of title II of the AntiSmuggling Act, approved August 5, 1935 (49 Stat. 526; U. S. C., 1934 edition, Supp. IV, title 46, sec. 288), requiring a certificate of award of a number to be kept at all times on board of the vessel to which the number has been awarded shall not apply to any vessel not exceeding seventeen feet in length measured from end to end over the deck, excluding sheer, or to any vessel whose design of fittings are such that the carrying of a certificate of award of the number on such vessel would render such certificate imperfect, illeg. ible, or would otherwise tend to destroy its usefulness as a means of ready identification.
Approved April 25, 1940.
PART 332-PILOT RULES FOR WESTERN RIVERS
Sec. 832.01 General instructions.
332.13 Speed in fog; posting of rulus; Rules for vessels passing each
Rules for lights for certain 832.02 Definitions and risk of col
classes of vessels on western lision.
rivers 832.1 Approaching from opposite di- 332.14 Lights for ferryboats. rections.
332.15 Lights for steamers having but 832.2 Danger and cross signals.
one chimney. 832.3 Narrow channels,
332.16 Lights for barges and canal 8324 Approaching bridge span
boats in tow. draw.
332.17 Lights for scows in tow. 832.5 Ascending steamer close on a 332.18 Lights for
rafts and other bar or shore.
craft. 332.6 Nearing short bend or point. 332.19 Distress signals. 832.7 Moving from dock.
332.20 Rule relating to the use of 332.8 Overtaking.
searchlights or other blinding 832.9 Approaching at right angles or
332.21 Rule prohibiting unnecessary 832.10 Passing signals.
sounding of the whistle. 832.11 Departure from rules.
332.22 Rule prohibiting the carrying of 832.12 Fog signals.
unauthorized lights on vessels. Section 332.01 General instructions. The regulations in this part govern the pilots of vessels propelled by steam, gas, fluid, naphtha, or electric motors and of other vessels propelled by machinery, navigating the Red River of the North, the Mississippi River, and other rivers emptying into the Gulf of Mexico and their tributaries.
RULES FOR VESSELS PASSING EACH OTHER
332.02 Definitions and risk of collision.-In this part the words "steam vessel” and “steamer” shall include any vessel propelled by machinery
Risk of collision can, when circumstances permit, be ascertained by carefully watching the compass bearing of an approaching vesse'. If the bearing does not appreciably change, such risk should be deemed to exist.
332.1 Approaching from opposite directions.—When steamers are approaching each other from opposite directions, the signals for passing shall be one short and distinct blast of the whistle to alter course to starboard so as to pass on the port side of the other, and
1 The material in this section of this publication is reprinted from the Code of Federal Regulations of the United States of America, Title 33, Navigation and Navigable Waters, Charge III, as amended.
*87 832.01 to 882.18, inclusive, issued under the authority as contained in R. S. 4412; 46 U. S. C. 381.
two short and distinct blasts of the whistle to alter course to port so as to pass on the starboard side of the other.
When two vessels are meeting end on, or nearly end on, so as to involve risk of collision, each shall alter her course to starboard, so that each may pass on the port side of the other.
When an ascending steamer is approaching a descending steamer, the pilot of the ascending steamer shall give the first signal for passing, which shall be promptly answered by the same signal by the pilot of the descending steamer, if safe to do so, and both shall be governed accordingly; but if the pilot of the descending steamer deems it dangerous to take the side indicated by the ascending steamer, he shall immediately signify that fact by sounding the alarm or danger signal of four or more short and rapid blasts of the whistle, and it shall be the duty of the pilot of the ascending steamer to answer by a signal of four or more short and rapid blasts of the whistle, and the engines of both steamers shall be immediately stopped, and backed if necessary, until the signals for passing are given and answered. After sounding the alarm signal by both steamers, the pilot of the descending steamer shall indicate by his whistle the side on which he desires to pass, and the pilot of the ascending steamer shall govern himself accordingly, the descending steamer being entitled to the right of way.
Where possible, the signals for passing must be made, answered, and understood before the steamers have arrived at a distance of half a mile of each other.
Provided, however, That when a steamer on the Mississippi River is about to enter the Ohio River at the same time that a steamer on the Ohio River is about to enter the Mississippi River, at Cairo Point, the steamer on the Mississippi River shall give the first signal; but in no case shall pilots on steamers attempt to pass each other until there has been a thorough understanding as to the side each steamer shall take.
332.2 Danger and cross signals.-If from any cause the signals for passing are not made at the proper time, as provided in $ 332.1, or should the signals be given and not properly understood, from any cause whatever, and either steamer become imperiled thereby, the pilot on either steamer may be the first to sound the alarm or danger signal, which shall consist of four or more short and rapid blasts of the whistle. Whenever the danger signal is given, the engines of both steamers shall be stopped and backed until the headway of the steamers has been fully checked; nor shall the engines of either steamer be again started ahead until the steamers can safely pass each other. Steamers approaching each other from opposite directions are forbidden to use what has become technically known among pilots as “cross signals”-that is, answering one whistle with two, and answering two whistles with one. In all cases, and under all circumstances, a pilot receiving either of the whistle signals provided in the rules in this part, which for any reason he deems injudicious to comply with, instead of answering it with a cross signal, shall at once observe the provisions of this section.
332.3 Narrow channels.-When two steamers are about to enter a narrow channel at the same time, the ascending steamer shall be stopped below such channel until the descending steamer shall have