(a) The maximum number of passengers permitted to be carried on a vessel shall be as determined by the board, and shall be stated on the vessel’s certificate of inspection.
(b) The maximum number of passengers permitted on any vessel of acceptable design and proportions may be determined by a length of rail criterion, deck area criterion, or fixed seating criterion, whichever permits the greatest number. Where seats are provided in one passenger space and are not provided in other passenger spaces, the number of passengers permitted may be the sum of the number permitted by the seating criterion for the space having seats and the number permitted by the area criterion for the space having no seats. For vessels operating on short runs on protected waters such as ferry vessels, the board, may give special consideration to increases in passenger allowances.
(1) Length-of-rail criterion: One passenger may be permitted for each 30 inches of rail space available to the passengers at the vessel’s sides and across the transom.
(2) Deck-area criterion: One passenger may be permitted for each 10 square feet of deck space available for the passenger’s use. In computing such deck area, the areas occupied by the following shall be excluded:
(A) Concession stands;
(B) Toilets and washrooms;
(C) Companionways, stairways, etc.;
(D) Spaces occupied by and necessary for handling lifesaving equipment;
(E)Spaces below deck which are unsuitable for passengers and which would not normally be used by passengers;
(F) Interior passageways less than 30 inches wide and passageways on the open deck less than 1 8 inches wide.
(3) Fixed-seating criterion: One passenger may be permitted for each 18 inches of width of fixed seating provided. Rules covering the installation of fixed seating are contained in subsection (d) of this section.
(c) Notwithstanding the number of passengers permitted by any of the criteria described in subsection (b) of this section, the maximum number may be further limited by stability or subdivision consideration.
(d) In computing the maximum number of passengers, a vessel may carry children under the age of 1 year who shall not be included. Two children over the age of 1 and under 8 shall be computed as 1 person. Where a vessel is carrying the maximum number of passengers allowed by this section, it is unlawful to carry additional passengers on the crew list, when the sole reason for this is to give transportation to such person from one port to another. The master, owner, or agent of any vessel duly subject to rules in American Samoa shall be liable to a fine of $25.00 for each and every passenger such vessel is overloaded in addition to suspension or revocation of the master’s license, as the board directs.History: Bd. of Mar. Insp. Regs., eff 16 Oct 72, § 5.03.