The provisions of this Division shall not be construed to apply to the extent to which they are not within the legislative power of this state, except in so far as they may be permitted to apply under the provisions of the Constitution of the United States or the acts of Congress.
Vessels GenerallyGeneral Provisions and Definitions
Section § 399
This law section says that the rules in this Division only apply if they're within California's legislative powers. If something goes beyond state power, it can only be applied if the U.S. Constitution or Congress allows it.
legislative power state authority U.S. Constitution
Section § 400
In this context, 'appurtenances' refers to everything that belongs to the owners of a vessel, which is on the vessel and used for its intended purpose and journey.
“Appurtenances” include all things belonging to the owners, which are on board a vessel, and which are connected with its proper use and the objects of the voyage and adventure in which it is engaged.
appurtenances vessel vessel ownership
Section § 401
This law section explains that vessels can operate either in foreign or domestic navigation. Foreign navigation involves traveling to or from another country, while domestic navigation means traveling between places within the United States. Additionally, vessels may also be involved in fishing activities.
Vessels are engaged in foreign or domestic navigation, or in the fisheries. Vessels are engaged in foreign navigation when passing to or from a foreign country; and in domestic navigation, when passing from place to place within the United States.
vessels foreign navigation domestic navigation
Section § 402
This law defines what a domestic and a foreign vessel are. When a ship is in a port of its own country, it is considered a domestic vessel. However, when it docks at a port in a different country, it is termed a foreign vessel.
A vessel in a port of the country in which it is registered is called a domestic vessel, in another port it is called a foreign vessel.
domestic vessel foreign vessel ship registry
Section § 403
If multiple people co-own a boat but aren't business partners, and they can't agree on how to use or fix it, they can ask a court to settle the disagreement.
If a vessel belongs to several persons, not partners, and they differ as to its use or repair, the controversy may be determined by any court of competent jurisdiction.
vessel co-ownership dispute boat ownership disagreements co-owner conflicts
Section § 404
When a boat owner lets someone else use and steer their boat, that person, not the boat owner, is responsible for paying for any repairs or supplies needed while they have it.
If the owner of a vessel commits its possession and navigation to another, that other, and not the owner, is responsible for its repairs and supplies.
vessel owner responsibility vessel repair costs boat navigation responsibility
Section § 405
This law section states that the rules for registering, enrolling, and licensing boats are determined by federal laws, not state laws.
The registry, enrollment, and license of vessels are regulated by acts of Congress.
vessel registration vessel enrollment vessel licensing
Section § 406
In simple terms, this section states that any rights and obligations established under Chapter 2 (starting with Section 450) are less important than any conflicting federal laws. Basically, if federal law says something different, it takes priority over the state rules mentioned in Chapter 2.
Any and all rights and obligations created pursuant to the provisions of Chapter 2 (commencing with Section 450) of this division are subordinate to any superseding federal law.
federal law precedence subordinate rights state obligations
