---
kind: "section"
citation: "33 C.F.R. § 401.89"
title: "33"
number: "401.89"
heading: "Transit refused."
url: "https://uscodex.org/cfr/33/401.89"
---

# §401.89. Transit refused.

- (a) An officer may refuse to allow a vessel to transit when,
  - (1) The vessel is not equipped in accordance with [§§ 401.5 to 401.19](/cfr/33/401.5..401.19.md) and [subsections (e) to (j)](#e..j) of Schedule I of [subpart A](/cfr/33/subpartA.md) of this part when transiting the Canadian waters of the Seaway;
  - (2) The vessel, its cargo, equipment or machinery are in a condition that will prevent safe or expeditious transit by that vessel; or
  - (3) **The vessel is manned with a crew that is incompetent or inadequate.**
  - (4) The vessel is not in compliance with Transport Canada Marine Safety and Security, flag state and/or classification society regulations.
- (b) [Reserved]

## Notes

### Amendments

[39 FR 10900, Mar. 22, 1974, as amended at 61 FR 19552, May 2, 1996; 65 FR 52915, Aug. 31, 2000; 77 FR 40805, July 11, 2012; 82 FR 12420, Mar. 3, 2017]

### Authority

Authority: 33 U.S.C. 983(a) and 984(a)(4), as amended; 49 CFR 1.101, unless otherwise noted.

### Source

Source: 39 FR 10900, Mar. 22, 1974, unless otherwise noted.

### Amendments

[39 FR 10900, Mar. 22, 1974, as amended at 61 FR 19552, May 2, 1996; 65 FR 52915, Aug. 31, 2000; 77 FR 40805, July 11, 2012; 82 FR 12420, Mar. 3, 2017]