Question about Rail Height Requirements for USCG Inspected Vessel

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stcroixscuba

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Location
St. Croix, U.S. Virgin Islands
# of dives
I'm a Fish!
Last month another vessel slammed into one of our dive boats (31' Island Hopper) while it was on its mooring doing substantial damage to the bow rails. The damage was such that the entire railing forward of the cabin has been removed and must be replaced. We don't allow passengers to ride forward of the cabin, only crew when they're mooring/anchoring/etc. Our fabricator has suggested that, rather than running a 36" high top rail with 2 courses 12" apart under it, we just use a top rail with vertical supports and continue to not allow passengers up there. When I presented that to the USCG they quoted CFR 177.900 that says:

"Except as otherwise provided in this section, rails or equivalent protection must be installed near the periphery of all decks of a vessel accessible to passengers or crew"

They interpret that to mean that we do have to install the courses. I couldn't find an exception that would otherwise exempt us. But as I look around the harbor I notice that quite a few other commercial boats including other dive boats have just the top rail and no courses running forward of their cabins to the bow. Heck one boat doesn't even have a rail at all.

Have any of you had any experience with this or do you know of an exemption that
would apply to us? I'm not trying to be cheap as insurance will be paying for most it's just a much longer process installing a railing with courses and it makes the boat look like it's wearing a football helmet face guard.
 
https://www.shearwater.com/products/perdix-ai/

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