Amended
IN
Senate
May 29, 2024 |
Amended
IN
Senate
May 01, 2024 |
Amended
IN
Senate
September 13, 2023 |
Amended
IN
Assembly
April 20, 2023 |
Amended
IN
Assembly
March 09, 2023 |
Introduced by Assembly Member Bains (Principal coauthor: Assembly Member Gipson) (Coauthor: Assembly Member Villapudua) |
February 15, 2023 |
This bill would require any equipment installed, or modification to accommodate that equipment, that could limit engine power or operational ability of specified commercial harbor craft, to be approved by at least one authorized classification society, as defined, and not void any existing
warranty provided by the manufacturer of the engine or propulsion system. The bill would require aftermarket equipment that could limit a harbor craft’s engine power
to include an override or bypass feature that ensures the vessel can be operated at full power. The bill would require the owner or operator to report the use of the override or bypass feature during operation, as specified.
(1)“Authorized classification society” has the same meaning as provided in Section 8.100 of Title 46 of the Code of Federal Regulations.
(2)
(b)(1)Except as provided in paragraph (2), this section
applies to a vessel regulated under either Section 2299.5 of Title 13 of the California Code of Regulations or Section 93118.5 of Title 17 of the California Code of Regulations, and that is certified under Subchapter C, E, I, M, or T of Chapter 1 of Title 46 of the Code of Federal Regulations.
(2)This section does not apply to a pilot vessel used for transporting a maritime pilot in furtherance of their official duties.
(c)Any equipment that could limit engine power or operational ability of a vessel that is installed on a commercial harbor craft, or any modifications to
a vessel to accommodate that equipment, shall be approved by at least one authorized classification
society, meet all applicable United States Coast Guard regulations, and not void any existing warranty provided by the manufacturer of the engine or propulsion system.
(d)Any aftermarket equipment that could limit
the
engine power of a vessel shall include an override or bypass feature that ensures the vessel can be operated at full power, regardless of the operational status of the installed equipment.
(e)If a vessel loses engine power or propulsion
during operation, the owner or operator of the vessel may activate the override or bypass feature. The owner or operator shall report the use of the override or bypass feature as soon as possible or concurrently with applicable United States Coast Guard reporting requirements and to any state agency requiring reporting of the use of the override or bypass system.