SOLAS Chapter V

Safety of Life at Sea Conventions (SOLAS)

Title 46, U.S. Code

{as amended 12/13/02}

{P. Law 107-295 enacted 11/25/02}

Title 33, Code of Federal Regulations
{as amended 07/01/03,, 07/16/03, and 10/22/03}

Chapter V, Regulation 19

§ 70114. Automatic identification system

§ 164.46 Automatic Identification System (AIS)

2.4 All ships of 300 gross tonnage and upwards engaged
on international voyages and cargo ships of 500 gross
tonnage and upwards not engaged on international voyages
and passenger ships irrespective of size shall be fitted with
an automatic identification system (AIS), as follows:
.1 ships constructed on or after 1 July 2002;
.2 ships engaged on international voyages constructed
before 1 July 2002:
.2.1 in the case of passenger ships, not later than 1 July
2003;
.2.2 in the case of tankers, not later than the first survey
for safety equipment on or after 1 July 2003;
.2.3 in the case of ships, other than passenger ships and
tankers, of 50,000 gross tonnage and upwards, not later
than 1 July 2004;
.2.4 in the case of ships, other than passenger ships and
tankers, of 300 gross tonnage and upwards, but less than
50,000 gross tonnage, not later than the first safety
equipment survey ' after 1 July 2004 or by 31 December
2004, whichever occurs earlier; and
.3 ships not engaged on international voyages constructed
before 1 July 2002, not later than 1 July 2008;
.4 the Administration may exempt ships from the
application of the requirements of this paragraph when
such ships will be taken permanently out of service within
two years after the implementation date specified in
subparagraphs .2 and .3;
.5 AIS shall:
.1 provide automatically to appropriately equipped
shore stations, other ships and aircraft information,
including the ship's identity, type, position, course, speed,
navigational status and other safety-related information;
.2 receive automatically such information from
similarly fitted ships;
.3 monitor and track ships; and
.4 exchange data with shore-based facilities;
.6 the requirements of paragraph 2.4.5 shall not be
applied to cases where international agreements, rules or
standards provide for the protection of navigational
information; and
.7 AIS shall be operated taking into account the
guidelines adopted by the Organization. Ships fitted with
AIS shall maintain AIS in operation at all times except
where international agreements, rules or standards provide
for the protection of navigational information.
_______________________________________________
1
The first safety equipment survey means the first annual
survey the first periodical survey or the first renewal
survey for safety equipment, whichever is due first after 1
July 2004 and, in addition, the case of ships under
construction, the initial survey. [See SOLAS I/8].

(a) SYSTEM REQUIREMENTS.-(1) Subject to paragraph (2), the following vessels,
while operating on the navigable waters of the United
States, shall be equipped with and operate an
automatic identification system under regulations
prescribed by the Secretary:
(A) A self-propelled commercial vessel of at least
65 feet overall in length.
(B) A vessel carrying more than a number of
passengers for hire determined by the Secretary.
(C) A towing vessel of more than 26 feet overall in
length and 600 horsepower.
(D) Any other vessel for which the Secretary
decides that an automatic identification system is
necessary for the safe navigation of the vessel.

(a) The following vessels must have a properly installed, operational, type
approved AIS as of the date specified:
(1) Self-propelled vessels of 65 feet or more in length, other than passenger
and fishing vessels, in commercial service and on an international voyage, not
later than December 31, 2004.
(2) Notwithstanding paragraph (a)(1) of this section, the following, selfpropelled vessels, that are on an international voyage must also comply with
SOLAS, as amended, Chapter V, regulation 19.2.1.6, 19.2.4, and 19.2.3.5 or
19.2.5.1 as appropriate (Incorporated by reference, see § 164.03):
(i) Passenger vessels, of 150 gross tonnage or more, not later than July 1,
2003;
(ii) Tankers, regardless of tonnage, not later than the first safety survey for
safety equipment on or after July 1, 2003;
(iii) Vessels, other than passenger vessels or tankers, of 50,000 gross
tonnage or more, not later than July 1, 2004; and
(iv) Vessels, other than passenger vessels or tankers, of 300 gross tonnage or
more but less than 50,000 gross tonnage, not later than the first safety survey for
safety equipment on or after July 1, 2004, but no later than December 31, 2004.
(3) Notwithstanding paragraphs (a)(1) and (a)(2) of this section, the following
vessels, when navigating an area denoted in table 161.12(c) of § 161.12 of this
chapter, not later than December 31, 2004.
(i) Self-propelled vessels of 65 feet or more in length, other than fishing
vessels and passenger vessels certificated to carry less than 151 passengers-forhire, in commercial service;
(ii) Towing vessels of 26 feet or more in length and more than 600
horsepower, in commercial service;
(iii) Passenger vessels certificated to carry more than 150 passengers-forhire.

(2) The Secretary may-(A) exempt a vessel from paragraph (1) if the
Secretary finds that an automatic identification system
is not necessary for the safe navigation of the vessel on
the waters on which the vessel operates; and
(B) waive the application of paragraph (1) with
respect to operation of vessels on navigable waters of
the United States specified by the Secretary if the
Secretary finds that automatic identification systems
are not needed for safe navigation on those waters.
(b) REGULATIONS.--The Secretary shall prescribe
regulations implementing subsection (a), including
requirements for the operation and maintenance of the
automatic identification systems required under
subsection (a).
46 USC § 70117. Civil Penalties
(e) PHASE-IN OF AUTOMATIC IDENTIFICATION
SYSTEM.-(1) SCHEDULE.--Section 70114 of title 46, United
States Code, as enacted by this Act, shall apply as
follows:
(A) On and after January 1, 2003, to any vessel
built after that date.
(B) On and after July 1, 2003, to any vessel built
before the date referred to in subparagraph (A) that is(i) a passenger vessel required to carry a
certificate under the International Convention for the
Safety of Life at Sea, 1974 (SOLAS);
(ii) a tanker; or
(iii) a towing vessel engaged in moving a tank
vessel.
(C) On and after December 31, 2004, to all other
vessels built before the date referred to in
subparagraph (A).

Note to § 164.46(a): "Properly installed" refers to an installation using the
guidelines set forth in IMO SN/Circ.227 (incorporated by reference, see § 164.03).
Not all AIS units are able to broadcast position, course, and speed without the input
of an external positioning device (e.g. dGPS); the use of other external devices (e.g.
transmitting heading device, gyro, rate of turn indicator) is highly recommended,
however, not required except as stated in § 164.46(a)(2). "Type approved" refers to
an approval by an IMO recognized Administration as to comply with IMO
Resolution MSC.74(69), ITU-R Recommendation M.1371-1, and IEC 61993-2
(Incorporated by reference, see § 164.03). "Length" refers to "registered length" as
defined in 46 CFR part 69. "Gross tonnage" refers to tonnage as defined under the
International Convention on Tonnage Measurement of Ships, 1969.

(b) The requirements for Vessel Bridge-to-Bridge radiotelephones in §§
26.04(a) and (c), 26.05, 26.06 and 26.07 of this chapter also apply to AIS. The
term "effective operating condition" used in § 26.06 of this chapter includes
accurate input and upkeep of AIS data fields.
(c) The use of a portable AIS is permissible only to the extent that
electromagnetic interference does not affect the proper function of existing
navigation and communication equipment on board and such that only one AIS
unit may be in operation at any one time.
(d) The AIS Pilot Plug, on each vessel over 1,600 gross tons on an international
voyage, must be available for pilot use, easily accessible from the primary conning
position of the vessel, and near a 120 Volt, AC power, 3-prong receptacle.
2/11/2004