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2026-07-06 10:51:44 -04:00

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LegalText 46 U.S.C. § 3304 Transporting individuals in addition to crew us united_states_code code_section 46 SHIPPING 33 INSPECTION GENERALLY 3304 46 U.S.C. § 3304 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc46@119-100.zip /us/usc/t46/s3304 data/legal/raw/us/code/title-46/usc46.xml 9d7826bd8f0ee31b03e3a1e84355fc008f86aa30150a5b87d8c053d0b8c132a5 eb1331aa3c08ed87231a3606d86b30d1b5942cdf8542f6a3df8ac1d66e86057f b067ef2b70521232eeddab418c78f6cd46f88fdb22ef26ddce2b9ad46d02bcd3 2026-07-04 official
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46 U.S.C. § 3304 - Transporting individuals in addition to crew

Text

(a) A documented vessel transporting cargo that transports not more than 12 individuals in addition to the crew on international voyages, or not more than 16 individuals in addition to the crew on other voyages, is not subject to inspection as a passenger vessel or a small passenger vessel if the vessel is otherwise subject to inspection under this chapter.

(b) Except when subsection (e) of this section applies, before an individual in addition to the crew is transported on a vessel as permitted by this section, the owner, charterer, managing operator, agent, master, or individual in charge of the vessel first shall notify the individual of the presence on board of dangerous articles as defined by law, and of other conditions or circumstances that would constitute a risk of safety to the individual on board.

(c) A privilege authorized by this section applies to a vessel of a foreign country that affords a similar privilege to vessels of the United States in trades not restricted to vessels under its own flag.

(d) A fishing, fish processing, or fish tender vessel that transports not more than 12 individuals employed in the fishing industry in addition to the crew is not subject to inspection as a passenger or small passenger vessel.

(e) The Secretary may by regulation allow individuals in addition to the crew to be transported in an emergency or under section 2304 of this title.

(Pub. L. 9889, Aug. 26, 1983, 97 Stat. 513; Pub. L. 98364, title IV, § 402(4), July 17, 1984, 98 Stat. 446; Pub. L. 99307, § 1(5)(A), May 19, 1986, 100 Stat. 444.)

Notes

Historical and Revision Notes Revised sectionSource section (U.S. Code) 330446:39039346:882 Section 3304 permits the carriage of not more than 12 individuals in addition to the crew on international voyages or not more than 16 individuals in addition to the crew on other voyages without subjecting a documented vessel carrying cargo to the inspection requirements of a passenger vessel. This section permits the bulk of vessels subject to the International Convention for Safety of Life at Sea to carry up to 12 passengers and to permit other cargo vessels, primarily those engaged in the coastwise trade, to carry up to 16 passengers without being categorized as passenger vessels. It also requires that these individuals be notified of the presence of dangerous articles or other conditions or circumstances that constitute a risk of safety. This is of prime importance on tank vessels that carry flammable or hazardous cargoes.

Editorial Notes

Amendments1986—Pub. L. 99307, § 1(5)(A)(i), substituted “Transporting” for “Carrying” in section catchline. Subsec. (a). Pub. L. 99307, § 1(5)(A)(ii), substituted “transporting cargo that transports” for “carrying cargo that carries” and inserted “if the vessel is otherwise subject to inspection under this chapter”. Subsec. (b). Pub. L. 99307, § 1(5)(A)(iii), substituted “Except when subsection (e) of this section applies, before” for “Before” and “transported” for “carried”. Subsec. (c). Pub. L. 99307, § 1(5)(A)(iv), substituted “A privilege” for “The privilege”. Subsec. (e). Pub. L. 99307, § 1(5)(A)(v), added subsec. (e). 1984—Subsec. (d). Pub. L. 98364 added subsec. (d).

Statutory Notes and Related Subsidiaries

Effective DateSection effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 9889, set out as a note under section 3101 of this title.