75TH CONGRESS, 1sT SESSION-CH . 229- MAY 20, 1 937 189 [CHAPTER 229]
AN ACT May 20, 1937 To amend the Communications Act of 1934, approved June 19, 1934, for the pur- [S. 595] pose of promoting safety of life and property at sea through the use of wire and
[Public , No . 971 radio communications, to make more effective the International Convention for the Safety of Life at Sea, 1929, and for other purposes . Be it enacted by the Senate and House of Representatives of the United States o f America in Congress assembled, That section 1 of the Communications Act of 1934 is hereby amended by inserting after the words "for the purpose of the national defense" aa comm a and the words "for the purpose of promoting safety of life and property through the use of wire and radio communication" . SEC . 2 . Section 3 of the Communications Act of 1934 is hereby amended by adding at the end thereof five new subsections to read as foll ows "(w) (1) Shi p' or ve ssel' inc ludes eve ry descr iption of watercra ft or othe r arti ficial contr ivance , exce pt airc raft, used o r capa ble of being used as a means of transportation on water, whether or not it is actually afloat . "(2) A ship shall be con sidere d a pa ssenge r ship if it carrie s or is licensed or certificated to carry more than twelve passengers . "(3) A cargo ship means any ship not a passenger ship . "(4) A passenger is any person carried on board a ship or vessel except (1) the officers and crew actually employed to man and operate the ship, (2) persons employed to carry on the business of the ship, and (3) p erso ns on boar d a ship when they are carri ed, either because of the obligation laid upon the master to carry ship- wrecked, distressed, or other persons in like or similar situations or by reason of any circumstance over which neither the master, the owner, nor the charterer (if any) has control . "(x) 'Auto-alarm' on a foreign ship means an automatic alarm receiver which has been approved by the country to which the ship belongs, provided the United States and the country to which the ship belongs are both parties to the same treaty, convention, or agree- ment prescribing the requirements for such apparatus . Auto-alarm' on a ship of the United States subject to the provisions of part II of title III of this Act means an automatic alarm receiver complying with law and approved by the Commission . Nothing in this Act or in any other provision of law shall be construed to require the recognition of an auto-alarm as complying with part II of title III of this Act, on a foreign ship subject to such part, whose country of origin is not a party to a treaty, convention, or agreement with the United States in regard to such apparatus . "(y) (1) For the purpose of part II of title III, a qualified opera- tor' or operator' on a foreign ship means a person holding a certifi- cate as such complying with the provisions of the General Radio Regulations annexed to the International Telecommunication Con- vention in force, or complying with an agreement or treaty between the United States and the country to which the ship belongs . "(2) For the purpose of part II of title III, a qualified operator' or operator' on a ship of the United States means a person holding a radio operator's license of the proper class, as prescribed and issued by the Comm iss ion . "(z) Harb or' or port ' mean s any place to whic h ship s may resort for shelter or to load or unload passengers or goods, or to obtain fuel, water, or supplies . This term shall apply to such places whether proclaimed public or not and whether natural or artificial . Co mmuni cati ons Act of 1934, amend- ments. 48 Stat. 1064 . 47U.S.C.°151. Purposes extended . 48 Stat .1065 . 47U.S.C.°153. Definitions. "Ship" or "vessel ." Passenger ship . Cargo ship . Passenger . "Auto-alarm", for- eign ships . Ships of the United States . Post, p . 192. Ships of country not a party to safety con- vention, etc . Post, p. 192. "Qualified opera- tor" o r "ope rator" , foreign ships . 49 Stat . 2445. Ships of the United States . "Harbor" or "port ."
