20.0302 Definitions.

Cite as [A.S.C.A. § 20.0302]

As used in this chapter, the following definitions apply unless the context clearly requires otherwise:

(a) “Associated equipment” means a system, part, or component of a boat as originally manufactured, or any similar part or component manufactured or sold for replacement, repair, or improvement of the system, part, or component; an accessory or equipment for, or appurtenance to, a boat; or a marine safety article, accessory, or equipment intended for use by a person on board a boat, excluding radio equipment.

(b) “Boat” means a vessel which is manufactured or used primarily for noncommercial use; leased, rented or chartered to another for non-commercial use; or engaged in the carrying of not more than 6 passengers.

(c) “Vessel livery” means a business which holds a vessel for renting, leasing, or chartering.

(d) “Lifeboat” means a small boat designated and used solely for lifesaving purposes, and does not include dinghies, tenders, speedboats, or other types of craft carried aboard vessels and used for other than lifesaving purposes.

(e) “Manufacturer” means a person engaged in the manufacture, construction, or assembly of boats or associated equipment to be sold for subsequent assembly; or the importation of a boat or associated equipment into the state for sale.

(f) “Motorboat” means any vessel of any size propelled by machinery whether or not the machinery is the prinicipal source of propulsion.

(g) “Operate” means to navigate or otherwise use a vessel.

(h) “Operator” means the person who is in control or in charge of a vessel while it is in use.

(i) “Owner” means a person, other than a lienholder, having the property in or title to a vessel, and includes a person entitled to the use or possession of a vessel subject to an interest in another person, reserved or created by agreement and securing payment or performance of an obligation, but excludes a lessee under a lease not intended as security.

(j) “Passenger” means a person carried on board a vessel other than the owner or his representative, the operator, bona fide members of the crew engaged in the business of the vessel who have not contributed consideration for their carriage and who are paid for their services, or a guest on board a vessel which is being used exclusively for pleasure purposes who has not contributed any consideration, directly or indirectly, for his carriage.

(k) “Person” means an individual, partnership, firm, corporation, association or other entity.

(l) “State” means a state of the United States, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the District of Columbia.

(m) “Undocumented vessel” means a vessel which does not have and is not required to have a valid marine document as a vessel of the United States.

(n) “Use” means to operate, navigate, or employ.

(o) “Vessel” means every description of watercraft other than a seaplane on the water, used or capable of being used as a means of transportation on water, but does not include Samoan fishing canoes or rowboats propelled by hand.

(p) “Waters of this Territory” means any waters within the Territorial limits of this Territory, marginal sea adjacent to this Territory, and the high seas when navigated as a part of a journey or ride to or from the shore of this Territory.

History: 1966, PL 9-35, 1981, PL 17-2 § 1; amd 1983, PL 18-19 § 1.

Case Notes:

Person holding title to ship is owner for purpose of responding to damages resulting from ship’s sinking. Tialigo v. Steffany, ASR (1976).

Amendments: 1983 Section amended generally.