Compare a vessel safety management system with 46 USC sections 3202 and 3203
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the safety management system and the elements listed in 46 USC section 3203(a), mark whether the system document addresses each element, including the safety and environmental policy, emergency procedures, and internal audits. Do not rewrite the system and do not decide that chapter 32 applies.
- What the lawyer must review
- Section 3203 directs the Secretary to prescribe regulations establishing a safety management system for responsible persons and vessels to which chapter 32 applies, including the eight elements in subsection (a). Subsection (d) requires those regulations to be consistent with the International Safety Management Code for vessels covered by section 3202(a). Section 3202(a) covers stated passenger and 500-gross-ton cargo categories on a foreign voyage, or a foreign vessel departing a place under United States jurisdiction on a voyage any part of which is on the high seas. Subsection (b) covers other passenger vessels, and regulations under section 3203 issued on or after enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020 apply to covered small passenger vessels as defined in section 3306(n)(5). That definition, and section 2101(31)(A), were not opened. Subsection (d) excludes a barge, a recreational vessel not in commercial service, a fishing vessel, a stated Great Lakes vessel, and a public vessel, unless the owner asks for the chapter under subsection (c). You decide whether this vessel is in the chapter and what must change. ABA Formal Opinion 512 requires you to supervise this comparison.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Confirm instructions and personal circumstances through appropriate direct engagement. Have the responsible lawyer assess safety, capacity or vulnerability concerns and escalation.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.