582 



GENERAL PROVISIONS 



§1051. Regulations for preventin(r collisions at sea; 

 proclamation by President; effective date; publi- 

 cation; applicability. 



The President is authorized to proclaim the regu- 

 lations set forth in sections 1061 to 1094 of this title 

 for preventing collisions involving waterborne craft 

 upon the high seas, and in all waters connected 

 therewith. The effective date of such proclamation 

 shall be not earlier than the date fixed by the 

 Inter-Governmental Maritime Consultative Organi- 

 zation for application of such regulations by Govern- 

 ments which have agreed to accept them. Such 

 proclamation, together with the regulations, shall be 

 published in the Federal Register and after the ef- 

 fective date specified in such proclamation such 

 regulations shall have effect as if enacted by statute 

 and shall be followed by all public and private ves- 

 sels of the United States and by all aircraft of 

 United States registry to the extent therein made 

 applicable. Such regulations shall not apply to the 

 harbors, rivers, and other inland waters of the 

 United States; to the Great Lakes of North America 

 and their connecting and tributary waters as far 

 east as the lower exit of the Saint Lambert Lock at 

 Montreal in the Province of Quebec, Canada; to the 

 Red River of the North and the rivers emptying 

 into the Gulf of Mexico and their tributaries; nor 

 with respect to aircraft in any territorial waters of 

 the United States. (Pub. L. 88-131, i 1. Sept. 24, 

 1963, 77 Stat. 194.) 



§1052. Navy and Coast Guard vessels; exemption re- 

 garding lights; feasible conformity to require- 

 ments; publication; effective date. 



Any requirement of such regulations in respect of 

 the number, position, range of visibility, or arc of 

 visibility of the lights required to be displayed by 

 vessels shall not apply to any vessel of the Navy or of 

 the Coast Guard whenever the Secretary of the 

 Navy or the Secretary of Transportation, in the case 

 of Coast Guard vessels operating under the Depart- 

 ment of Transportation, or such official as either may 

 designate, shall find or certify that, by reason of 

 special construction, it is not possible for such ves- 

 sel or class of vessels to comply with such regulations. 

 The lights of any such exempted vessel or class of 

 vessels, however, shall conform as closely to the 

 requirements of the applicable regulations as the 

 Secretary or such official shall find or certify to be 

 feasible. Notice of such findings or certification and 

 of the character and position of the lights prescribed 

 to be displayed on such exempted vessel or class of 

 vessels shall be published in the Federal Register 

 and in the Notice to Mariners and, after the effective 

 date specified in such notice, shall have elTect as 

 part of such regulations. (Pub. L. 88-131, § 2, Sept. 

 24, 1963, 77 Stat. 194.) 



§ 1053. Designation of regulations. 



The regulations authorized to be proclaimed under 

 section 1051 of this title are the Regulations for 

 Preventing Collisions at Sea, 1960. approved by the 

 International Conference on Safety of Life at Sea, 



1960. held at London from May 17, 1960, to June 17, 

 1960, and are set out in sections 1061 to 1094 of this 

 title. (Pub. L. 88-131. § 4, Sept. 24, 1963. 77 

 Stat. 195.) 



PRELIMINARY AND DEFINITIONS 



§ 1061. Scope of sections 1061 to 1904 (Rule 1). 



(a) Watercraft to which applicable. 



Sections 1061 to 1094 of this title shall be followed 

 by all vessels and seaplanes upon the high seas and 

 in all waters connected therewith navigable by sea- 

 going vessels, except as provided in section 1092 of 

 this title. Where, as a result of their special con- 

 struction, it is not possible for seaplanes to comply 

 fully with the provisions of sections 1061 to 1094 of 

 this title specifying the carrying of lights and 

 shapes, these provisions shall be followed as closely 

 as circumstances permit. 



(b) Provisions concerning lights; conditions govern- 

 ing compliance. 



The provisions of sections 1061 to 1094 of this title 

 concerning lights shall be complied with in all 

 weathers from sunset to sunrise, and during such 

 times no other lights shall be exhibited, except such 

 lights as cannot be mistaken for the prescribed lights 

 or do not impair their visibility or distinctive char- 

 acter, or interfere with the keeping of a prop>er look- 

 out. The lights prescribed by such sections may also 

 be exhibited from sunrise to sunset in restricts 

 visibility and in all other circumstances when it is 

 deemed necessary. 



(c) Definitions. 



In sections 1061 to 1094 of this title, except where 

 the context otherwise requires — 



(i) the word "vessel" includes every description 

 of water craft, other than a seaplane on the water, 

 used or capable of being used as a means of trans- 

 portation on water; 



(ii) the word "seaplane" includes a flying boat 

 and any other aircraft designed to manoeuvre on 

 the water; 



(iii) the term "power-driven vessel" means any 

 vessel propelled by machinery; 



(iv) every power-driven vessel which is under 

 sail and not under power is to be considered a 

 sailing vessel, and every vessel under power, 

 whether under sail or not, is to be considered a 

 power-driven vessel; 



(v> a vessel or seaplane on the water is "under 

 way" when she is not at anchor, or made fast to 

 the shore, or aground ; 



(vi) the term "height above the hull" means 

 height above the uppermost continuous deck; 



(vii) the length and breadth of a vessel shall 

 be her length overall and largest breadth; 



(viii) the length and span of a seaplane shall 

 be its maximum length and span as shown in Its 

 certificate of airworthiness, or as determined by 

 measurement in the absence of such certificate: 



(ix) vessels shall be deemed to be in sight of 

 one another only when one can be observed visu- 

 ally from the other; 



(X) the word "visible", when applied to lights, 

 means visible on a dark night with a clear at- 

 mosphere ; 



