Subchapter M Explained: Towing Vessel Safety Rules and Injury Cases

For most of their history, American towing vessels were not inspected the way ships and passenger vessels were. That changed with Subchapter M. For anyone litigating a towboat case, it also created a stack of documents that did not exist before.

What it is

Subchapter M is the Coast Guard's inspection regime for towing vessels, found at 46 CFR Parts 136 through 144. The final rule was published in 2016, and certificates of inspection were phased in across the fleet over the following years, with the phase-in completed in 2022.

It generally covers towing vessels 26 feet or longer, plus smaller towing vessels that move barges carrying oil or hazardous material in bulk. There are listed exceptions, such as certain assistance towing and some vessels working in limited areas. Whether a particular vessel was covered on the date of the accident is the first thing to confirm.

Two ways to comply

Operators choose one of two paths.

The Towing Safety Management System (TSMS) option. The company writes and runs a safety management system that meets Part 138, and a Coast Guard approved third-party organization audits the system and surveys the vessels.

The Coast Guard option. The Coast Guard inspects the vessel directly, generally every year, and the company follows a health and safety plan rather than a full TSMS.

Whichever path the company chose shapes what records exist and who looked at the vessel before the accident.

What it requires in practice

The rules reach most of what goes on aboard a towboat. Among other things:

• Crew training and orientation, including for new crew members
• Drills and emergency procedures
• Navigation safety equipment and a navigation assessment
• Recordkeeping in a towing vessel record, including drills, inspections, and maintenance
• Machinery, electrical, and fire protection standards
• Lifesaving equipment
• Procedures for hazards such as working on barges and handling lines

Under the TSMS option, the system must also address risk management, reporting of accidents and hazards, internal audits, management review, and corrective action. It looks a lot like the ISM Code, adapted for the towing industry.

Why it matters in a lawsuit

Subchapter M did two things for litigators.

First, it created a written standard specific to the vessel and the company. A TSMS says, in the company's own words, how it will train deckhands, plan a job, handle a tow, and respond to a hazard report. If that is not what happened on the night of the accident, the gap is easy to show.

Second, it created a paper trail from outside the company. Third-party audit and survey reports, Coast Guard inspection records, and findings that had to be corrected all exist independently of the company's own account.

Records to ask for

• The certificate of inspection in effect on the date of the incident
• Which compliance option the company chose
• The TSMS manual (or health and safety plan) in effect at the time, not the current version
• Third-party organization audit and survey reports, and any findings and how they were closed
• Coast Guard inspection records and deficiencies
• The towing vessel record for the relevant period
• Training and orientation records for the crew involved
• Hazard and near-miss reports from the vessel

A caution for both sides

Compliance with Subchapter M is a floor. A vessel can hold a valid certificate and still be operated carelessly on a given night. And a missing record does not always mean a missing practice. The expert's job is to compare the system, the records, and the testimony, and say plainly where they line up and where they do not.

I served on the Towing Safety Advisory Committee, which advises the Coast Guard on towing safety, and I review towing cases with the regulations and the history behind them in mind.

About the author

Captain Mitchell S. Stoller is a Master Mariner Unlimited, former Exxon tanker master, and former Los Angeles Harbor pilot. About Captain Stoller