MM-SEAS software
Get Expert Help
Resources
Discover the essentials for operating UPVs legally. Know about documentation, communication gear, and safety measures.
You might assume because of the name that an Uninspected Passenger Vessel (UPV) doesn’t have any legal requirements in the United States. It’s true that an Uninspected Passenger Vessel doesn’t need to meet the same requirements as an Inspected Vessel. But, there are still legal requirements and guidelines for Uninspected Passenger Vessels.
This article will give you a brief overview of those requirements.
An Uninspected Passenger Vessel is a commercial vessel carrying six or fewer paying passengers, and weighing a maximum of 100 GRT. Uninspected Passenger Vessels are required to be under the direction of an USCG OUPV licensed captain.
A Uninspected Passenger Vessel of at least 5 net tons that engages in domestic or coastwise trade must have a Certificate of Documentation (COD). The vessel’s name must be clearly marked on a visible exterior part of the port and starboard bow and the stern. The COD for commercial vessels needs to be renewed annually.
Uninspected Passenger Vessels under 5 net tons need to be State registered and numbered. This endorsement/certificate varies from state to state, so you’ll need to check with your state.
Applies to: Uninspected Passenger Vessels over 20 meters (65.6 ft) in length.
Uninspected Passenger Vessels of 20 meters and over must have at least one VHF-FM radio onboard and must be capable of transmitting and receiving on channel 22A (157.1 MHz).
When transiting any waters within a vessel traffic service (VTS) area, a second VHF-FM radio must also be onboard. Radio devices on Uninspected Passenger Vessels need to be licensed by the Federal Communications Commission (FCC). This license is valid for 10 years. When you apply, you should have a copy of FCC Form 605 as a temporary permit.
Uninspected Passenger Vessels 20+ meters in length must have a radio operator who holds a restricted radiotelephone operator permit or higher class license. Radio operator permits and licenses issued on or after 03/25/2008 are valid for the life of the holder.
As appropriate for the intended voyage, all Uninspected Passenger Vessels must carry adequate and up-to-date:
As an alternative, you may substitute extracts or copies from the publication above. This information must be applicable to the area transited.
Electronic navigational charts and e-publications are acceptable equivalents for the required Charts and Nautical Publications listed above. (NVIC 01-16 should be reviewed).
Applies to: All Uninspected Passenger Vessels at anchor or underway from sunset to sunrise, or in areas of low visibility.
The operator of each Uninspected Passenger Vessel 12 meters (39.4 ft) long or more, operating in Inland Waters and Canadian Waters of the Great Lakes, needs to carry a copy of the Inland Navigation Rules.
Each Uninspected Passenger Vessel underway, greater than 12 meters (39.4 ft) require the following lights:
Note: Uninspected Passenger Vessels 20 meters (65.6 ft) or greater in length may not place all of their masthead lights aft of their sidelights. UPVs less than 12 meters (39.4 ft) may substitute one all-around white light for the white masthead and stern lights.
Applies to: All Uninspected Passenger Vessels
General Requirements: No person may dispose of garbage into U.S. navigable waters and tributaries.
Garbage Placards: Applies to Uninspected Passenger Vessels over 26 feet in length.
Uninspected Passenger Vessels need to display at least one garbage placard. The placard must be at least 9”x4”, made of durable material, and with letters at least 1/8" high. The placard must be displayed in prominent locations so that crew and passengers can read them and notify the reader of the following:
The discharge of all garbage into the Great Lakes or their connecting or tributary waters is prohibited.
Applies to: All Uninspected Passenger Vessels
All Uninspected Passenger Vessels must have at least one CG approved TYPE I PFD of a suitable size for each person on board. Kapok and fibrous glass life preservers without plastic covered pad inserts are unacceptable.
Commercial hybrid PFDs may be substituted for life preservers if:
Each required life preserver intended to be worn must have approved Type I retroreflective material (often flexible tape with an adhesive backing) with at least 200 sq. cm. (31 sq. in.) of material on the front, at least 200 sq. cm. on the back, and, if reversible, at least 200 sq. cm. on each reversible side. The material attached on each side must be divided equally between the upper quadrants of the side and as close as possible to the shoulder area of the PFD.
Note: Additional Type II or Type III PFDs may be carried, however, they must be stowed separately and can’t be used to substitute any required Type I PFDs (i.e. one Type I for each person).
On Ocean, Coastwise, or Great Lake voyages, each required life preserver and buoyant device or vest must have a working CG approved PFD light attached to the front shoulder area.
Uninspected Passenger Vessels 26 feet or longer must have at least one CG approved orange or white throwable ring life buoy with a minimum outside diameter of 20 inches. Note: If on an international voyage, the ring life buoy must be orange.
Uninspected Passenger Vessels are not required to carry EPIRBs. Although they’re not required, Uninspected Passenger Vessels are encouraged to install a float-free, automatically activated, Category 1, 406 MHz EPIRB.
All Uninspected Passenger Vessels must carry three day and three night visual distress signals (VDS) while operating on Coastal Waters, Great Lakes, and Oceans. All VDS must be current (unexpired).
Any combination of signal devices, when carried in the number required, can be used to meet both day and night requirements.
For example, carrying two hand held red flares and one parachute red flare meets the day and night requirements. Three handheld orange smoke with one electric distress light meet both day and night requirements.
When a visual distress signal carried to meet these requirements requires a launcher to activate, then an approved launcher must be carried.
Applies to: All Uninspected Passenger Vessels
When a fixed fire-extinguishing system is installed, it must be a type approved or accepted by the Lifesaving and Fire Safety Division, commandant (CG-5214) or the Commanding Officer, U.S. Coast Guard Marine Safety Center. If the system is a carbon dioxide type, then it must be designed and installed in accordance with 46 CFR 76.15.
WARNING – GASOLINE VAPORS CAN EXPLODE. BEFORE STARTING ENGINE, OPERATE BLOWER FOR AT LEAST 4 MINUTES AND CHECK ENGINE COMPARTMENT BILGE FOR GASOLINE VAPORS.
Uninspected Passenger Vessels must have “natural ventilation” which means an airflow through the following compartments:
Uninspected Passenger Vessels can only use the following fuel sources for heating, lighting, and cooking systems:
Applies to: All Uninspected Passenger Vessels
Before getting underway, operators of Uninspected Passenger Vessels must ensure public announcements, placards, or both are provided to passengers that address the following topics:
All Uninspected Passenger Vessels must keep a correct count of all passengers received and delivered each day. The master, owner, charterer, managing operator, or person in charge of the vessel is responsible for this.
Operators of Uninspected Passenger Vessels must ensure that an emergency checklist is posted in an obvious and accessible place on the vessel.
The emergency checklist must include the following minimum information:
Applies to: All Uninspected Passenger Vessels with installed toilets.
General Requirements: Type I, II, or III Marine Sanitation Devices (MSD) are required. They include any equipment for installation on board a vessel that is designed to receive, retain, treat, or discharge sewage, and any process to treat such sewage.
Type I MSD means a device that produces an effluence (discharge) having a fecal coliform bacteria count not greater than 1,000 per 100 milliliters and no visible solids.
Type II MSD means a device that produces an effluence having a fecal coliform bacteria count not greater than 200 per 100 milliliters and suspended solids not greater than 150 milligrams per liter.
Type III MSD means a device that is designed to prevent the overboard discharge of treated or untreated sewage or waste derived from sewage. Holding tanks can be discharged over the side no closer than three nautical miles from land.
Applies to: All Uninspected Passenger Vessels operating on the navigable waters of the U.S.
No person may intentionally drain oil or hazardous materials from any source into the bilge. No person may operate a U.S. non-oceangoing Uninspected Passenger Vessel in U.S. navigable waters unless it can retain on board all oily mixtures and is equipped to discharge the oily mixtures to a reception facility.
Bilge Slops Retention Oceangoing Uninspected Passenger Vessels shall have the capacity to retain all oily mixtures on board and be equipped to discharge these to a reception facility, or be equipped with a Coast Guard approved oily-water separator. An oily residue tank is not required on these UPVs.
Non-oceangoing Uninspected Passenger Vessels may not be operated in U.S. navigable waters, unless they can retain on board all oily mixtures, and are equipped to discharge these oily mixtures to a reception facility. UPVs may retain oily mixtures in the bilges; an oily residue (sludge) tank is not required.
Federal Law or Regulations don’t require the following items. However these can contribute significantly to the safety of the passengers and crew aboard the Uninspected Passenger Vessel.
A Uninspected Passenger Vessel should have a safety-training program for all crew members on emergency procedures and safety equipment use. This program ought to include record keeping showing that drills and training are conducted regularly.
The following emergencies should be covered in the training:
A Uninspected Passenger Vessel should have a properly installed bilge pump and bilge alarm. Note: Some vessels are designed without a bilge, or have suitable reserve buoyancy to float the vessel in a totally swamped condition, and will not need the bilge pump and alarm.
A Uninspected Passenger Vessel should have some emergency communications capability that doesn’t depend on the normal onboard power system, and is located away from the normal power source for the vessel. A radio powered by a separate battery, a handheld VHF FM radio with 5+ watts of power, or a portable satellite phone can be used.
You can review the full Uninspected Passenger Vessel Guidebook here.
We hope this made your life a little easier and if you have other questions the MM-SEAS team is always here to help!
MM-SEAS is free to use on your own and if you need some more personalized help you can upgrade to MM-SEAS Pro inside of the site.
No matter what, when you are ready to submit your application, you can choose to have the MM-SEAS staff create a perfect application, handle the USCG application fees and work with the USCG on your behalf to resolve any issues for a flat fee of $349 or you can choose to submit on your own.
Pro MM-SEAS members get access to unlimited live 1 on 1 calls with one of our USCG Licensing Specialists. We've found that answering questions live with screen sharing in a video call makes both of our lives easier. Pro MM-SEAS members can access these features inside of MM-SEAS under License Guidance.