33 C.F.R. § 177.07

Other unsafe conditions

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For the purpose of section 4308 of Title 46, United States Code, “other unsafe condition” means a boat:

(a) Does not display between sunset and sunrise the navigation lights prescribed by the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS) or, when in use upon the inland waters of the United States, the Inland Navigational Rules Act of 1980 (Pub. L. 96-591), 94 Stat. 3415, 33 U.S.C. 2001, et seq.);

(b) That is operated by an individual who is apparently under the influence of alcohol or a dangerous drug, as defined in § 95.020 of this chapter, to the extent that, in the boarding officer's discretion, the continued operation of the vessel would create an unsafe condition.

(d) Does not meet the applicable ventilation requirements for tanks and engine spaces prescribed by 46 CFR 25.40 (which applies to certain boats built before August 1, 1980), or Subpart K Ventilation, of 33 CFR part 183 (which applies to boats built after July 31, 1980);

(e) Does not meet the requirements for backfire flame control prescribed by 46 CFR 25.35; or

(f) Designated manifestly unsafe for a specific voyage on a specific body of water due to:

(1) Unsuitable design or configuration, or

(2) Improper construction or inadequate material condition, or

(3) Improper or inadequate operational or safety equipment, and set forth in an order issued by a District Commander according to the provisions of § 177.04.

[CGD 72-71R, 37 FR 13347, July 7, 1972] Editorial Note:For Federal Register citations affecting § 177.07, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

Notes of Decisions

Cited in 3 cases, 1980–2011 · leading case: United States v. Michael Joseph Arra, Steven Scott Aschinger, & Overton Baker Pettit, 630 F.2d 836 (1st Cir. 1980).

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United States v. Michael Joseph Arra, Steven Scott Aschinger, & Overton Baker Pettit, 630 F.2d 836 (1st Cir. 1980). · cites it 2× “, 9 see 33 C.F.R. § 177.07 (1979), and thus this is not a case where the boarding officers failed to confine their inspection to those parts of the vessel in which the government has a legitimate safety regulatory interest.”

United States v. John Thompson, Steven Barfield, & Kim Williams, 710 F.2d 1500 (11th Cir. 1983). “§ 1462 ; 33 C.F.R. § 177.07 . In this connection, we think the Coast Guard’s observation that the vessel was riding unusually low in the water entitled the boarding party to attempt to ascertain the cause as part of a reasonable document and safety inspection.”

In re Phil Steinle, 835 F. Supp. 2d 437 (N.D. Ohio 2011). “First, 33 C.F.R. § 177.07 defines the lighting violations exhibited by the Secret Formula as an “unsafe condition.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.