46 CFR 138.205: Purpose of a towing safety management system

Last reviewed: October 14, 2026

This section explains the purpose of a TSMS. A TSMS sets policies, procedures and required documentation so the owner or managing operator meets its goals and stays in continuous compliance. It must also contain a method to ensure all levels of the organization work within the framework.

What it says

  1. The purpose of a TSMS is to establish policies, procedures, and required documentation so the owner or managing operator meets its established goals while continuously complying with all regulatory requirements.

    46 CFR 138.205(a)“The purpose of a TSMS is to establish policies, procedures, and required documentation to ensure the owner or managing operator meets its established goals”

  2. The TSMS must contain a method to ensure all levels of the organization are working within the framework.

    46 CFR 138.205(a)“The TSMS must contain a method to ensure all levels of the organization are working within the framework.”

  3. A TSMS establishes and maintains management policies and procedures that serve as an operational protocol for all levels within management.

    46 CFR 138.205(b)(1)“Management policies and procedures that serve as an operational protocol for all levels within management;”

  4. A TSMS establishes and maintains procedures to produce objective evidence that demonstrates compliance with the requirements of this subchapter.

    46 CFR 138.205(b)(2)“Procedures to produce objective evidence that demonstrates compliance with the requirements of this subchapter;”

  5. A TSMS establishes and maintains procedures for an owner or managing operator to evaluate whether they follow their own policies and procedures and comply with the requirements of this subchapter.

    46 CFR 138.205(b)(3)“Procedures for an owner or managing operator to evaluate that they are following their own policies and procedures and complying with the requirements of this subchapter;”

  6. A TSMS establishes and maintains arrangements for a periodic evaluation by an independent third-party organization (TPO) of how well the owner or managing operator and their towing vessels comply with their stated policies and procedures, and to verify that those policies and procedures comply with this subchapter.

    46 CFR 138.205(b)(4)“Arrangements for a periodic evaluation by an independent third-party organization (TPO) to determine how well an owner or managing operator and their towing vessels are complying with their stated policies and procedures”

  7. A TSMS establishes and maintains procedures for correcting problems identified by management personnel and TPOs and facilitating continuous improvement.

    46 CFR 138.205(b)(5)“Procedures for correcting problems identified by management personnel and TPOs and facilitating continuous improvement.”

Common questions

What is the purpose of a TSMS?

A TSMS establishes policies, procedures, and required documentation so the owner or managing operator meets its established goals while ensuring continuous compliance with all regulatory requirements.

“The purpose of a TSMS is to establish policies, procedures, and required documentation to ensure the owner or managing operator meets its established goals while ensuring continuous compliance with all regulatory requirements.”

Does a TSMS require outside evaluation?

Yes. A TSMS establishes and maintains arrangements for a periodic evaluation by an independent third-party organization (TPO).

“Arrangements for a periodic evaluation by an independent third-party organization (TPO)”

Must a TSMS cover all levels of the organization?

Yes. The TSMS must contain a method to ensure all levels of the organization are working within the framework.

“The TSMS must contain a method to ensure all levels of the organization are working within the framework.”

The text of 46 CFR 138.205

Electronic Code of Federal Regulations (eCFR), current as of April 16, 2026 · Read it on eCFR

Purpose of a TSMS

(a) The purpose of a TSMS is to establish policies, procedures, and required documentation to ensure the owner or managing operator meets its established goals while ensuring continuous compliance with all regulatory requirements. The TSMS must contain a method to ensure all levels of the organization are working within the framework.

(b) A TSMS establishes and maintains:

(1) Management policies and procedures that serve as an operational protocol for all levels within management;

(2) Procedures to produce objective evidence that demonstrates compliance with the requirements of this subchapter;

(3) Procedures for an owner or managing operator to evaluate that they are following their own policies and procedures and complying with the requirements of this subchapter;

(4) Arrangements for a periodic evaluation by an independent third-party organization (TPO) to determine how well an owner or managing operator and their towing vessels are complying with their stated policies and procedures, and to verify that those policies and procedures comply with the requirements of this subchapter; and

(5) Procedures for correcting problems identified by management personnel and TPOs and facilitating continuous improvement.

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 April 16, 2026. The regulation text governs. RegKnot is not affiliated with the U.S. Coast Guard.