---
kind: "section"
citation: "20 C.F.R. § 701.501"
title: "20"
number: "701.501"
heading: "What is a recreational vessel?"
url: "https://uscodex.org/cfr/20/701.501"
---

# §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.

## Notes

### Amendments

[76 FR 82128, Dec. 30, 2011]

### Authority

Authority: 5 U.S.C. 301, 8171 et seq.; 33 U.S.C. 939; 36 D.C. Code 501 et seq.; 42 U.S.C. 1651 et seq.; 43 U.S.C. 1333; Reorganization Plan No. 6 of 1950, 15 FR 3174, 3 CFR, 1949-1953 Comp., p. 1004, 64 Stat. 1263; Secretary's Order 10-2009, 74 FR 58834.

### Source

Source: 38 FR 26860, Sept. 26, 1973, unless otherwise noted.

### Amendments

[76 FR 82128, Dec. 30, 2011]