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#15
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Dave wrote:
On Wed, 24 Jan 2007 23:18:50 +0000, Goofball_star_dot_etal said: On 24 Jan 2007 15:20:02 -0600, Dave wrote: On Wed, 24 Jan 2007 11:29:28 -0800, "Capt. JG" said: We all know that we're required to help fellow boaters, Where do you find this requirement? eg. http://www.imo.org/Facilitation/main...?topic_id=1395 Nice try, but no cigar. Can't speak to other countries' laws, but in the US, at least the conventions referred to would not be binding on the individual vessel operator in the absence of implementing legislation or application by the courts of admiralty as a matter of common law. Notice that the convention talks about obligations of the contracting governments. So two questions. 1. Has the federal government adopted implementing legislation? 2. If so, does it apply both to documented vessels and to undocumented vessels? It would appear it applies to all vessels: US Code TITLE 46 Subtitle II Part A CHAPTER 23 § 2301. Application Except as provided in section 2306 of this title, this chapter applies to a vessel operated 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. .... § 2304. Duty to provide assistance at sea (a) A master or individual in charge of a vessel shall render assistance to any individual found at sea in danger of being lost, so far as the master or individual in charge can do so without serious danger to the master’s or individual’s vessel or individuals on board. (b) A master or individual violating this section shall be fined not more than $1,000, imprisoned for not more than 2 years, or both. |