Boating Safety Is For Life

Sunday, March 13, 2016

Boat Building News

Very Interesting recent court case in Washington State.  Boat manufacturers should take note. 

Preemption prevails in watercraft case under Federal Boat Safety Act  

Watercraft manufacturers, in particular, look to the Federal Boat Safety Act, which includes a mechanism for granting exemptions to boat manufacturers for vessels that, while they cannot comply with Coast Guard safety standards because of their design or construction, do not adversely affect boating safety.  http://www.jdsupra.com/legalnews/preemption-prevails-in-watercraft-case-12093/

But you should also be aware of Supreme Court case Spreistma v Mercury Marine in which the court found that Federal pre-emption did not apply.  see https://www.law.cornell.edu/supct/html/01-706.ZO.html

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