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ACQ 2016-1

USA

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Reporting of serious deficiencies prior to entry US waters

It is a requirement for vessels to report serious defects or problems in navigation, steering, propulsion and machinery to the US Coast Guard prior to entry. This obligation is emanates from the Port Waterways and Safety Acts.

There is no definition of what is considered serious, but presumably any matters which may increase the risk of a sea accident falls within this ambit.

If the vessel does not report the defect and this is found to be serious by the US Coast Guard, a hefty fine may be lodged against the vessel and the vessel may be detained and ordered for repairs in US.

If problems are reported the US Coast Guard will usually take a more lenient approach and work with the vessel to ensure the problem is rectified or if the problem cannot be not repaired that it will not cause a safety hazard.

12 Jan 2004