---
kind: "range"
citation: "20 C.F.R. §§ 701.501–701.505"
title: "20"
from: "701.501"
to: "701.505"
count: 5
url: "https://uscodex.org/cfr/20/701.501..701.505"
---

# §701.501. What is a recreational vessel?

- (a) Recreational vessel means a vessel—
  - (1) Being manufactured or operated primarily for pleasure; or
  - (2) **Leased, rented, or chartered to another for the latter's pleasure.**
- (b) **In applying the definition in paragraph (a) of this section, the following rules apply—**
  - (1) A vessel being manufactured or built, or being repaired under warranty by its manufacturer or builder, is a recreational vessel if the vessel appears intended, based on its design and construction, to be for ultimate recreational uses. The manufacturer or builder bears the burden of establishing that a vessel is recreational under this standard.
  - (2) A vessel being repaired, dismantled for repair, or dismantled at the end of its life is not a recreational vessel if the vessel had been operating, around the time of its repair or dismantling, in one or more of the following categories on more than an infrequent basis—
    - (A) “Passenger vessel” as defined by [46 U.S.C. 2101(22)](/usc/46/2101.md?p=22);
    - (B) “Small passenger vessel” as defined by [46 U.S.C. 2101(35)](/usc/46/2101.md?p=35);
    - (C) “Uninspected passenger vessel” as defined by [46 U.S.C. 2101(42)](/usc/46/2101.md?p=42);
    - (D) Vessel routinely engaged in “commercial service” as defined by [46 U.S.C. 2101(5)](/usc/46/2101.md?p=5); or
    - (E) Vessel that routinely carries “passengers for hire” as defined by [46 U.S.C. 2101(21a)](/usc/46/2101.md?p=21a).
  - (3) Notwithstanding [paragraph (b)(2)](#b-2) of this section, a vessel will be deemed recreational if it is a public vessel, i.e., a vessel owned or bareboat-chartered and operated by the United States, or by a State or political subdivision thereof, at the time of repair, dismantling for repair, or dismantling, provided that such vessel shares elements of design and construction with traditional recreational vessels and is not normally engaged in a military, commercial or traditionally commercial undertaking.
- (c) All subsequent amendments to the statutes referenced in [paragraph (b)(2)](#b-2) of this section and the regulations implementing those provisions in [Title 46 of the Code of Federal Regulations](/cfr/46.md) will apply when determining whether a vessel is recreational.

# §701.502. What types of work may exclude a recreational-vessel worker from the definition of “employee”?

- (a) An individual who works on recreational vessels may be excluded from the definition of “employee” when:
  - (1) The individual's date of injury is before February 17, 2009, the injury is covered under a State workers' compensation law, and the individual is employed to:
    - (i) Build any recreational vessel under sixty-five feet in length; or
    - (ii) Repair any recreational vessel under sixty-five feet in length; or
    - (iii) **Dismantle any recreational vessel under sixty-five feet in length.**
  - (2) The individual's date of injury is on or after February 17, 2009, the injury is covered under a State workers' compensation law, and the individual is employed to:
    - (i) Build any recreational vessel under sixty-five feet in length; or
    - (ii) Repair any recreational vessel; or
    - (iii) **Dismantle any recreational vessel to repair it.**
- (b) **In applying paragraph (a) of this section, the following principles apply—**
  - (1) “Length” means a straight line measurement of the overall length from the foremost part of the vessel to the aftmost part of the vessel, measured parallel to the center line. The measurement must be from end to end over the deck, excluding sheer. Bow sprits, bumpkins, rudders, outboard motor brackets, handles, and other similar fittings, attachments, and extensions are not included in the measurement.
  - (2) “Repair” means any repair of a vessel including installations, painting and maintenance work. Repair does not include alterations or conversions that render the vessel a non-recreational vessel under [§ 701.501](/cfr/20/701.501.md). For example, a worker who installs equipment on a private yacht to convert it to a passenger-carrying whale-watching vessel is not employed to “repair” a recreational vessel. Repair also does not include alterations or conversions that render a non-recreational vessel recreational under [§ 701.501](/cfr/20/701.501.md).
  - (3) “Dismantle” means dismantling any part of a vessel to complete a repair but does not include dismantling any part of a vessel to complete alterations or conversions that render the vessel a non-recreational vessel under [§ 701.501](/cfr/20/701.501.md), or render the vessel recreational under [§ 701.501](/cfr/20/701.501.md), or, if the date of injury is on or after February 17, 2009, to scrap or dispose of the vessel at the end of the vessel's life.

# §701.503. Did the American Recovery and Reinvestment Act of 2009 amend the recreational vessel exclusion?


Yes. The amended exclusion was effective February 17, 2009, the effective date of the American Recovery and Reinvestment Act of 2009.


# §701.504. When does the recreational vessel exclusion in the American Recovery and Reinvestment Act of 2009 apply?

- (a) **Date of injury.** Whether the amended version applies depends on the date of the injury for which compensation is claimed. The following rules apply to determining the date of injury:
  - (1) **Traumatic injury.** If the individual claims compensation for a traumatic injury, the date of injury is the date the employee suffered harm. For example, if the individual injures an arm or leg in the course of his or her employment, the date of injury is the date on which the individual was hurt.
  - (2) **Occupational disease or infection.** Occupational illnesses and infections generally involve delayed onset of symptoms following exposure to a harmful workplace substance or condition. If the individual claims compensation for an occupational illness or infection, the date of injury is the date the individual was exposed to the substance or condition.
  - (3) **Hearing loss.** If the individual claims compensation for hearing loss, the date of injury is the date the individual was exposed to harmful workplace noise or other stimulus that is capable of causing hearing loss.
  - (4) **Death-benefit claims.** If the individual claims compensation for an employee's death, the date of injury is the date of the workplace event or incident that caused, hastened, or contributed to the death.
  - (5) **Cumulative trauma.** If the individual claims compensation for cumulative trauma, in which multiple traumas contribute to an overall medical condition, such as a neck condition resulting from repetitive motion, the date of injury is any date on which a workplace trauma worsened the individual's condition. A workplace event will not be deemed a contributing trauma if a corresponding worsening of the condition is due solely to its natural progression, rather than the workplace event.
- (b) If the date of injury is before February 17, 2009, the individual's entitlement is governed by [section 2(3)(F)](/cfr/20/2.md?p=3-F) as it existed prior to the 2009 amendment.
- (c) If the date of injury is on or after February 17, 2009, the individual's entitlement is governed by the 2009 amendment to [section 2(3)(F)](/cfr/20/2.md?p=3-F).

# §701.505. May an employer stop paying benefits awarded before February 17, 2009 if the employee would now fall within the exclusion?


No. If an individual was awarded compensation for an injury occurring before February 17, 2009, the employer must still pay all benefits awarded, including disability compensation and medical benefits, even if the employee would be excluded from coverage under the amended exclusion.