Federal Regulations for Engine Shut Off Switch Use

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jimh
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New Federal Regulations MANDATE use of Engine Cut-off Switch Link

Postby jimh » Thu Feb 25, 2021 1:14 pm

As a corollary to the POLL on use of Safety Lanyard Engine Cut-Off Switches, here is some related news:

The use of a safety lanyard engine cut-off switch will become mandatory in the United States. An Act of Congress passed in 2020 amends federal regulations to require use of an engine cut off switch link. An excerpt of the actual regulations appears below;

SEC. 8316. ENGINE CUT-OFF SWITCHES; USE REQUIREMENT.

(a) In General.--Section 4312 of title 46, United States Code, is amended
    1. by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; and
    2. by inserting after subsection (a) the following:
        (b) Use Requirement.--
        (1) In general.--An individual operating a covered recreational vessel shall use an engine cut-off switch link while operating on plane or above displacement speed.
        (2) Exceptions.--The requirement under paragraph (1) shall not apply if--
        • (A) the main helm of the covered vessel is installed within an enclosed cabin; or
        • (B) the vessel does not have an engine cut-off switch and is not required to have one under subsection (a)
(b) Civil Penalty.--Section 4311 of title 46, United States Code, is amended by--
  1. redesignating subsections (c), (d), (e), (f), and (g) as subsections (d), (e), (f), (g), and (h), respectively; and
  2. inserting after subsection (b) the following:
      (c) A person violating section 4312(b) of this title is liable to the United States Government for a civil penalty of not more than
      1. $100 for the first offense;
      2. $250 for the second offense; and
      3. $500 for any subsequent offense.
(c) Effective Date.--The amendments made in subsections (a) and (b) shall take effect 90 days after the date of the enactment of this section, unless the Commandant, prior to the date that is 90 days after the date of the enactment of this section, determines that the use requirement enacted in subsection (a) would not promote recreational boating safety.


The date of enactment is January 1, 2021, based on that date being when the Senate and House voted to override a presidential veto on the National Defense Authorization Act for Fiscal Year 2021 (H.R. 6395). The regulations regarding boaters were originally contained in the Coast Guard Authorization Act of 2020, which was later rolled into the National Defense Authorization Act for 2021.

As for what water is covered by this regulation, the exact interpretation is unknown. The applicability may be to "federal waters." Here is some opinion on what exactly constitutes "federal waters":

https://www.law.cornell.edu/uscode/text/46/4301

https://www.boat-ed.com/ohio/studyGuide ... ial%20seas

jimh
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Re: New Federal Regulations MANDATE use of Engine Cut-off Switch Link

Postby jimh » Thu Feb 25, 2021 1:46 pm

To see the current applicable federal regulation in the cited section, visit

https://www.law.cornell.edu/uscode/text/46/4312

This regulation contains the cited "Section (a)" which contains the Installation Requirement

(a)Installation Requirement.—A manufacturer, distributor, or dealer that installs propulsion machinery and associated starting controls on a covered recreational vessel shall equip such vessel with an engine cut-off switch and engine cut-off switch link that meet American Boat and Yacht Council Standard A–33, as in effect on the date of the enactment of the Coast Guard Authorization Act of 2017


The definition of covered recreational vessel is given in Section (d):

(d)Definitions.—In this section:
    (1)Covered recreational vessel.—The term “covered recreational vessel” means a recreational vessel that is—
      (A) less than 26 feet overall in length; and
      (B) capable of developing 115 pounds or more of static thrust.


Applying all the exemptions, use of an engine cut-off switch link is mandatory unless the boat is longer than 26-feet or the helm is enclosed in a cabin or the boat is not required to have a cut-off switch or the boat is not on-plane or the boat is operating at displacement speed or the boat is not in federal waters.

The requirement to have an engine cut-off switch apparently came into force sometime around December 4, 2018, but it applies only to a "manufacturer, distributor, or dealer that installs propulsion machinery and associated starting controls on a covered recreational vessel."

jimh
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Federal Regulations for Engine Shut Off Switch Use

Postby jimh » Fri Apr 22, 2022 11:28 am

A comment made in another discussion, about the new wireless hardware available to implement an engine shut off switch linked to the helmsman or others aboard that might go overboard prompted me to look closer at regulations about use of a engine shut off switch. In that discussion, an observation was made:

dtmackey wrote:Now that enforcement of use of the safety lanyard shut off has increased...
Perhaps a review of the applicable federal regulations will be helpful.

On April 1, 2021 a new federal law went into effect regarding necessity of having a safety lanyard or engine cut-off switch (ECOS). The most reliable interpretation of what the new law requires that I can find is given on a USCG website. I reproduce an article from that website.

    March 25, 2021

    Recreational boat engine cut-off switch law will improve maritime safety
    By Janki Patel, MyCG Writer

    Beginning April 1, 2021, operators of recreational vessels less than 26 feet in length will be required to use the engine cut-off switch (ECOS) and associated ECOS link (ECOSL), as the U.S. Coast Guard implements a new boat engine cut-off switch law passed by Congress.

    “This new requirement will improve safety for millions of Americans who take to the water each year,” said Verne B. Gifford, division chief of boating safety. “The engine cut-off switch will better protect vessel operators as well as all other marine vessels, operators, and maritime law enforcement officers on the water who are at risk when encountering a runaway vessel.”

    Vessel operators on boats that either have a functioning ECOS or were manufactured beginning January 2020 must wear an ECOSL.

    The ECOSL attaches the operator to a switch that shuts off the engine if the operator is displaced from the helm. The ECOSL is typically a lanyard that attaches to an ECOS at the helm or on the motor. When strong tension is applied to the lanyard, the ECOSL activates the ECOS, resulting in the shutdown of the motor.

    Additionally, wireless technology allows for an ECOSL that activates if a fob is immersed in water, which would happen when someone falls overboard. The fob is carried by the operator and/or persons on board. Some manufacturers have begun to install these wireless ECOSL as optional or standard equipment.

    Effective April 1, the new law applies to all federally navigable waterways. As this is a federal law, states do not have the ability to enforce the new ECOS regulation — though seven states (Alabama, Arkansas, Illinois, Louisiana, Nevada, New Jersey and Texas) currently have their own ECOS laws.

    The ECOSL is not required to be worn if the main helm of the vessel is in an enclosed cabin or the vessel is not operating on plane or at displacement speed. Low-speed activities such as fishing or docking do not require use of an ECOS. The vessel operator is also exempt if the boat’s motor produces less than 115 lbs. of static thrust – or about the size of a three-horse powered engine.

    The U.S. Coast Guard’s initial focus will be education, so all boaters are safe on waters.

    Additional information on the function, need for ECOS, ECOSL, other safety regulations and recommendations may be accessed here.

    For more detailed information, view the news release here.

I am citing this article as "most reliable" because it is published at a USCG.MIL domain. If this is what the USCG thinks the law says, then that is likely to be how the USCG will enforce the law.

jimh
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Re: Federal Regulations for Engine Shut Off Switch Use

Postby jimh » Fri Apr 22, 2022 11:33 am

As mentioned above:

USCG Article wrote:Effective April 1, the new law applies to all federally navigable waterways. As this is a federal law, states do not have the ability to enforce the new ECOS regulation — though seven states (Alabama, Arkansas, Illinois, Louisiana, Nevada, New Jersey and Texas) currently have their own ECOS laws.


The above statement seems to prevent local and state police agencies that conduct water patrols from having the ability to enforce the federal regulation regarding use of ECOS devices.

Also, the regulations only apply on federally navigable waterways. (More on that in a follow-up.)

The actual regulations are buried in a 1,480-page Act of Congress:
https://www.congress.gov/116/bills/hr6395/BILLS-116hr6395enr.pdf

Here is the applicable text:

An Act of Congress wrote:SEC. 8316. ENGINE CUT-OFF SWITCHES; USE REQUIREMENT.
  • (a) IN GENERAL.—Section 4312 of title 46, United States Code,
    is amended—
    • (1) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; and
    • 2) by inserting after subsection (a) the following:
  • "(b) USE REQUIREMENT.—
    • ‘‘(1) IN GENERAL.—An individual operating a covered recreational vessel shall use an engine cut-off switch link while operating on plane or above displacement speed."
    • (2) EXCEPTIONS.—The requirement under paragraph (1) shall not apply if—
      • ‘‘(A) the main helm of the covered vessel is installed within an enclosed cabin; or
      • ‘‘(B) the vessel does not have an engine cut-off switch
        and is not required to have one under subsection (a).’’.
  • (b) CIVIL PENALTY.—Section 4311 of title 46, United States Code, is amended by—
    • (1) redesignating subsections (c), (d), (e), (f), and (g) as subsections (d), (e), (f), (g), and (h), respectively; and
    • (2) inserting after subsection (b) the following:{list]
    • ‘‘(c) A person violating section 4312(b) of this title is liable to the United States Government for a civil penalty of not more than—
      • ‘‘(1) $100 for the first offense;
      • ‘‘(2) $250 for the second offense; and
      • ‘‘(3) $500 for any subsequent offense.’’.
  • (c) EFFECTIVE DATE.—The amendments made in subsections (a) and (b) shall take effect 90 days after the date of the enactment of this section, unless the Commandant, prior to the date that is 90 days after the date of the enactment of this section, determines that the use requirement enacted in subsection (a) would not promote recreational boating safety

jimh
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Re: Federal Regulations for Engine Shut Off Switch Use

Postby jimh » Fri Apr 22, 2022 12:19 pm

Implementing the above act thus amends 46 CFR 4312 as read as follows:

46 U.S. Code § 4312 - Engine cut-off switches

(a)Installation Requirement.—
A manufacturer, distributor, or dealer that installs propulsion machinery and associated starting controls on a covered recreational vessel shall equip such vessel with an engine cut-off switch and engine cut-off switch link that meet American Boat and Yacht Council Standard A–33, as in effect on the date of the enactment of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282).

(b)Use Requirement.—
  • (1)In general.—
    An individual operating a covered recreational vessel shall use an engine cut-off switch link while operating on plane or above displacement speed.
  • (2)Exceptions.—The requirement under paragraph (1) shall not apply if—
    • (A)the main helm of the covered vessel is installed within an enclosed cabin; or
    • (B)the vessel does not have an engine cut-off switch and is not required to have one under subsection (a).

DEFINITION: covered recreational vessel
(1) Covered recreational vessel .— The term “covered recreational vessel” means a recreational vessel that is— (A) less than 26 feet overall in length; and (B) capable of developing 115 pounds or more of static thrust.


The above "use requirement" section makes clear that if the boat has an engine cut off switch, it must be used when operating on plane or above displacement speeds, and allows only two exceptions: enclosed cabin helm or absence of a cut off switch on a boat not required to have one. Only boats made prior to "the date of the enactment of the Frank LoBiondo Coast Guard Authorization Act of 2018" are not required to have a cut off switch. Now the big question: what was the date given in the 2018 Act. I love how federal regulations are completely obscure about stuff like this. As cited in the earlier USCG publication, the date is apparently January 2020.

jimh
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Re: Federal Regulations for Engine Shut Off Switch Use

Postby jimh » Fri Apr 22, 2022 12:40 pm

The definition of "federally navigable waterways" seems to be a bit obscure.

At 46 CFR 4301 which is the section under which one finds the engine shut off regulations, this definition is given:

(a)This chapter applies to a recreational vessel and associated equipment carried in the vessel on waters subject to the jurisdiction of the United States (including the territorial sea of the United States as described in Presidential Proclamation No. 5928 of December 27, 1988) and, for a vessel owned in the United States, on the high seas.

raaron
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Re: Federal Regulations for Engine Shut Off Switch Use

Postby raaron » Thu May 05, 2022 1:12 pm

https://webstore.ansi.org/preview-pages ... 3-2018.pdf

Here is ABYC A-33

EDIT: Its just a preview. Nice that they want to charge you $50 to see what you need to do to follow the law!

dtmackey
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Re: Federal Regulations for Engine Shut Off Switch Use

Postby dtmackey » Thu May 05, 2022 1:42 pm

raaron wrote:https://webstore.ansi.org/preview-pages/ABYC/preview_A-33-2018.pdf

Here is ABYC A-33

EDIT: Its just a preview. Nice that they want to charge you $50 to see what you need to do to follow the law!


What costs $50 to view the law?

ABYC does not make the law or regulate, they are an organization that create standards for the industry. If you want to see the law, reference the Code of Federal Regulations, which there is no charge. At no time should you pay money to view the law, and once you read the law, then if you need additional guideance for interpreation, then ABYC could be a useful tool.

D-

raaron
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Re: Federal Regulations for Engine Shut Off Switch Use

Postby raaron » Thu May 05, 2022 3:42 pm

The law (available easily for free) references a kill switch meeting ABYC standards. You need to pay $50 to get the ABYC standard.
shall equip such vessel with an engine cut-off switch and engine cut-off switch link that meet American Boat and Yacht Council Standard A–33,

dtmackey
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Re: Federal Regulations for Engine Shut Off Switch Use

Postby dtmackey » Fri May 06, 2022 8:51 am

raaron wrote:The law (available easily for free) references a kill switch meeting ABYC standards. You need to pay $50 to get the ABYC standard.
shall equip such vessel with an engine cut-off switch and engine cut-off switch link that meet American Boat and Yacht Council Standard A–33,


I think I'm missing your point.

The manufacture provided kill switch tether meets the ABYC standards. The MOB+ system also carries the seal of approval on the packaging. I'm not sure why anyone would need to purchase the standard as a boat owner/operator

Since I had many years in the medical device manufaturing space, let me use an example. In order to sell our laparoscopic surgical devices, we were registered to the standard of ISO13485 and bound by FDA laws (see a parallel here?). We, the manufacture, had stringent quality measure and controls, materials, testing, design and a host of other legal requirements that had to be met (infinately more complex in nature than the CFR laws and ABYC standards referenced in this conversation). Our customers, both stateside and overseas, didn't need to purchase the ISO13486 standards in order to safely and legally use our medical devices. This is just one example and I'm sure many more can be made as to why you do not need to purchase the ABYC standard. I'm sure we could go on with CE, EPA, FAA, FCC and a host of other legal boundaries and organizations that develop standards for products that we interface with everyday and do not need to purchase the standards to drive a car, operate a motorcycle, etc, etc... Speaking of motorcycles, for states that mandate helmet use, would one have to purchase the standards (ECE.22.05, SNELL M2015 and DOT) to determine the legal use of using a helmet?

Image

Anyone running out to purchase the standard as a user, should also be searching the internet for bridges to purchase.

D-