33 CFR 164.82: Towing vessel equipment maintenance, failure, reporting
Last reviewed: October 14, 2026
This section covers upkeep of the navigational-safety equipment that § 164.72 requires on towing vessels. It requires the owner, master, or operator to keep that equipment operative, to log failures, and to report impairments in a VTS Area. It also sets a deviation and authorization process for an inoperative marine radar that cannot be repaired within 96 hours.
Applies toThe owner, master, or operator of each towing vessel.
What it says
The owner, master, or operator of each towing vessel must keep the navigational-safety equipment required by § 164.72 operative.
33 CFR 164.82(a)“The owner, master, or operator of each towing vessel shall maintain operative the navigational-safety equipment required by § 164.72.”
If required equipment fails during a voyage, the owner, master, or operator must enter the failure in the log or other record carried on board.
33 CFR 164.82(b)“He or she shall enter its failure in the log or other record carried on board.”
The failure of equipment is not, in itself, a violation of this rule or unseaworthiness, and it does not obligate the owner, master, or operator to moor or anchor the vessel.
33 CFR 164.82(b)“The failure of equipment, in itself, does not constitute a violation of this rule; nor does it constitute unseaworthiness; nor does it obligate an owner, master, or operator to moor or anchor the vessel.”
The owner, master, or operator must consider the state of the equipment, along with weather, visibility, traffic, and the dictates of good seamanship, in deciding whether it is safe for the vessel to proceed.
33 CFR 164.82(b)“the owner, master, or operator shall consider the state of the equipment—along with such factors as weather, visibility, traffic, and the dictates of good seamanship—in deciding whether it is safe for the vessel to proceed.”
If a towing vessel's equipment is inoperative or otherwise impaired while the vessel operates within a Vessel Traffic Service (VTS) Area, the owner, master, or operator must report it as required by 33 CFR Table 161.18(a) row Q.
33 CFR 164.82(c)“shall report the fact as required by 33 CFR Table 161.18(a) row Q.”
If the owner, master, or operator of a towing vessel is unable to repair an inoperative marine radar required by § 164.72(a) within 96 hours, he or she must notify the Captain of the Port (COTP) and seek both a deviation and an authorization for continued operation in the area to be transited.
33 CFR 164.82(d)“shall so notify the Captain of the Port (COTP) and shall seek from the COTP both a deviation from the requirements of this section and an authorization for continued operation in the area to be transited.”
The written request must explain why immediate repair is impracticable and state when and by whom the repair will be made.
33 CFR 164.82(d)(1)“The written request must explain why immediate repair is impracticable, and state when and by whom the repair will be made.”
The COTP may grant a deviation and an authorization from any provision of §§ 164.70 through 164.82 for a specified time, if he or she decides they would not impair the safe navigation of the vessel under anticipated conditions.
33 CFR 164.82(d)(2)“may grant a deviation and an authorization from any of the provisions of §§ 164.70 through 164.82 for a specified time”
Common questions
What must a towing vessel do when required navigation equipment fails during a voyage?
The owner, master, or operator must exercise due diligence to repair it at the earliest practicable time. He or she must also enter the failure in the log or other record carried on board.
“shall exercise due diligence to repair it at the earliest practicable time.”
Does a navigation equipment failure mean a towing vessel must stop or anchor?
No. The failure does not obligate the owner, master, or operator to moor or anchor the vessel. The owner, master, or operator must still consider the state of the equipment and other factors in deciding whether it is safe to proceed.
“nor does it obligate an owner, master, or operator to moor or anchor the vessel.”
When does a towing vessel need a COTP deviation for a broken radar?
A deviation and an authorization must be sought when an inoperative marine radar required by § 164.72(a) cannot be repaired within 96 hours. They are not needed when redundant equipment fails, such as one of two installed radars that each satisfy § 164.72(a).
“does not necessitate either a deviation or an authorization.”
Can a request for a radar deviation be made by voice?
The initial notice and request may be spoken, but the request must also be written. The COTP may grant a deviation upon receiving even a spoken request.
“The initial notice and request for a deviation and an authorization may be spoken, but the request must also be written.”
The text of 33 CFR 164.82
Electronic Code of Federal Regulations (eCFR), current as of March 31, 2026 · Read it on eCFR
Maintenance, failure, and reporting
(a) Maintenance. The owner, master, or operator of each towing vessel shall maintain operative the navigational-safety equipment required by § 164.72.
(b) Failure. If any of the navigational-safety equipment required by § 164.72 fails during a voyage, the owner, master, or operator of the towing vessel shall exercise due diligence to repair it at the earliest practicable time. He or she shall enter its failure in the log or other record carried on board. The failure of equipment, in itself, does not constitute a violation of this rule; nor does it constitute unseaworthiness; nor does it obligate an owner, master, or operator to moor or anchor the vessel. However, the owner, master, or operator shall consider the state of the equipment—along with such factors as weather, visibility, traffic, and the dictates of good seamanship—in deciding whether it is safe for the vessel to proceed.
(c) Reporting. The owner, master, or operator of each towing vessel whose equipment is inoperative or otherwise impaired while the vessel is operating within a Vessel Traffic Service (VTS) Area shall report the fact as required by 33 CFR Table 161.18(a) row Q.
(d) Deviation and authorization. The owner, master, or operator of each towing vessel unable to repair within 96 hours an inoperative marine radar required by § 164.72(a) shall so notify the Captain of the Port (COTP) and shall seek from the COTP both a deviation from the requirements of this section and an authorization for continued operation in the area to be transited. Failure of redundant navigational-safety equipment, including but not limited to failure of one of two installed radars, where each satisfies § 164.72(a), does not necessitate either a deviation or an authorization.
(1) The initial notice and request for a deviation and an authorization may be spoken, but the request must also be written. The written request must explain why immediate repair is impracticable, and state when and by whom the repair will be made.
(2) The COTP, upon receiving even a spoken request, may grant a deviation and an authorization from any of the provisions of §§ 164.70 through 164.82 for a specified time if he or she decides that they would not impair the safe navigation of the vessel under anticipated conditions.
Sections it refers to
- 33 CFR 164.72
- 33 CFR Table 161.18(a)
- 33 CFR 164.70
The plain-English explanation on this page was written with AI from the regulation text above and checked automatically before publishing: every quote appears in the text, every number comes from it, and a second model confirmed each statement adds nothing the text doesn't say. Regulation text current as of March 31, 2026. The regulation text governs. RegKnot is not affiliated with the U.S. Coast Guard.