(a) A vessel to which this subchapter applies may not be operated without having on board a valid U.S. Coast Guard Certificate of Inspection.
(b) Except as noted in § 176.114 of this part, each vessel inspected and certificated under the provisions of this subchapter must, when any passengers are aboard during the tenure of the certificate, be in full compliance with the terms of the certificate.
(c) If necessary to prevent delay of the vessel, a temporary Certificate of Inspection may be issued pending the issuance and delivery of the regular Certificate of Inspection. The temporary certificate must be carried in the same manner as the regular certificate and is considered the same as the regular Certificate of Inspection that it represents.
(d) A vessel on a foreign voyage between a port in the United States and a port in a foreign country, whose Certificate of Inspection expires during the voyage, may lawfully complete the voyage without a valid Certificate of Inspection provided the voyage is completed within 30 days of expiration and the certificate did not expire within 15 days of sailing on the foreign voyage from a U.S. port.
[CGD 85-080, 61 FR 953, Jan. 10, 1996; 61 FR 20557, May 7, 1996]
Notes of Decisions
Cited in
5
cases (
1 in the last 5 years), 2001–2023 · leading case:
Smith v. Mitlof, 130 F. Supp. 2d 578 (S.D.N.Y. 2001).
Smith v. Mitlof, 130 F. Supp. 2d 578 (S.D.N.Y. 2001).
· cites it 2× “46 C.F.R. § 176.100 (b) states that “each vessel inspected and certified under the provisions of this subchapter must, when any passengers are aboard during the tenure of the certificate, be in full compliance with the terms of the certificate.”
Hartford Fire Ins. v. Mitlof, 208 F. Supp. 2d 407 (S.D.N.Y. 2002).
· cites it 2× “See 46 C.F.R. § 176.100 (a) (“A [small passenger vessel] may not be operated without having on board a valid U.”
State Nat'l Ins. v. Anzhela Explorer, L.L.C., 812 F. Supp. 2d 1326 (S.D. Fla. 2011).
“§ 3306 (a); 46 C.F.R. § 176.100 . Vessels without a Coast Guard COI are not banned from operating on navigable waters, but cannot do so for the purposes specified in the regulations.”
Smith v. United States Coast Guard, 220 F. Supp. 2d 275 (S.D.N.Y. 2002).
“6 Small passenger vessels may not be operated without a valid COL 46 C.F.R. § 176.100 (1997). Before it can issue a COI, the Coast Guard is required to conduct an inspection of the vessel.”
Ehart v. Lahaina Divers, Inc. (D. Haw. 2023).
· cites it 2× “Respondent's operation of the DAUNTLESS, in violation of the vessel's CO! is a violation of 46 C.F. R. 176.100(b}, 8, A violation of 46 C.”
— 46 C.F.R. § 176.100(b) — 1 case
Ehart v. Lahaina Divers, Inc. (D. Haw. 2023).
“Respondent's operation of the DAUNTLESS, in violation of the vessel's CO! is a violation of 46 C.F. R. 176.100(b}, 8, A violation of 46 C.”
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