US (United States) Code. Title 46. Subtitle II: Vessels and Seamen. Chapter 23: Operation of vessels generally

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Shipping. General provisions

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  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
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-CITE-

46 USC CHAPTER 23 - OPERATION OF VESSELS GENERALLY 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part A - General Provisions

CHAPTER 23 - OPERATION OF VESSELS GENERALLY

-HEAD-

CHAPTER 23 - OPERATION OF VESSELS GENERALLY

-MISC1-

Sec.

2301. Application.

2302. Penalties for negligent operations and interfering

with safe operation.

2303. Duties related to marine casualty assistance and

information.

2303a. Post serious marine casualty alcohol testing.

2304. Duty to provide assistance at sea.

2305. Injunctions.

2306. Vessel reporting requirements.

2307. Limitation of liability for Coast Guard Vessel Traffic

Service pilots.

HISTORICAL AND REVISION NOTES

Chapter 23 lists requirements that relate to the general

operation of all vessels. These include penalties and injunctive

relief for negligent operation of a vessel. It also provides

penalties for failure to render assistance.

AMENDMENTS

2002 - Pub. L. 107-295, title IV, Sec. 431(b), Nov. 25, 2002, 116

Stat. 2128, added item 2307.

1998 - Pub. L. 105-383, title III, Secs. 302(b), 304(d)(2), Nov.

13, 1998, 112 Stat. 3418, 3420, added item 2302, struck out former

item 2302 "Penalties for negligent operations", and added item

2303a.

1984 - Pub. L. 98-498, title II, Sec. 212(a)(1), Oct. 19, 1984,

98 Stat. 2305, added item 2306.

-End-

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46 USC Sec. 2301 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part A - General Provisions

CHAPTER 23 - OPERATION OF VESSELS GENERALLY

-HEAD-

Sec. 2301. Application

-STATUTE-

Except as provided in section 2306 of this title, this chapter

applies to a vessel operated on waters subject to the jurisdiction

of the United States (including the territorial sea of the United

States as described in Presidential Proclamation No. 5928 of

December 27, 1988) and, for a vessel owned in the United States, on

the high seas.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 508; Pub. L. 98-498, title

II, Sec. 212(a)(2), Oct. 19, 1984, 98 Stat. 2305; Pub. L. 105-383,

title III, Sec. 301(b)(2), Nov. 13, 1998, 112 Stat. 3417.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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2301 46:480

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Section 2301 provides that this chapter is applicable to all

vessels, including foreign flag vessels, when operating on waters

subject to the jurisdiction of the United States. Any vessel owned

in the United States while operating on the high seas would be

included. By ownership the Committee means those vessels that are

documented or numbered under United States laws and those other

vessels that are neither documented or numbered but are of national

origin and are not documented under the laws of a foreign nation.

This chapter is applicable to a foreign flag vessel that is in

innocent passage through territorial waters of the United States,

presently 3 miles seaward, whether or not it is bound to or from a

port subject to the jurisdiction of the United States.

-REFTEXT-

REFERENCES IN TEXT

Presidential Proclamation No. 5928, referred to in text, is set

out under section 1331 of Title 43, Public Lands.

-MISC2-

AMENDMENTS

1998 - Pub. L. 105-383 inserted "(including the territorial sea

of the United States as described in Presidential Proclamation No.

5928 of December 27, 1988)" after "of the United States".

1984 - Pub. L. 98-498 substituted "Except as provided in section

2306 of this title, this chapter" for "This chapter".

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-498 effective 180 days after Oct. 19,

1984, see section 214 of Pub. L. 98-498, set out as an Effective

Date note under section 2306 of this title.

-End-

-CITE-

46 USC Sec. 2302 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part A - General Provisions

CHAPTER 23 - OPERATION OF VESSELS GENERALLY

-HEAD-

Sec. 2302. Penalties for negligent operations and interfering with

safe operation

-STATUTE-

(a) A person operating a vessel in a negligent manner or

interfering with the safe operation of a vessel, so as to endanger

the life, limb, or property of a person is liable to the United

States Government for a civil penalty of not more than $5,000 in

the case of a recreational vessel, or $25,000 in the case of any

other vessel.

(b) A person operating a vessel in a grossly negligent manner

that endangers the life, limb, or property of a person commits a

class A misdemeanor.

(c) An individual who is under the influence of alcohol, or a

dangerous drug in violation of a law of the United States when

operating a vessel, as determined under standards prescribed by the

Secretary by regulation -

(1) is liable to the United States Government for a civil

penalty of not more than $5,000; or

(2) commits a class A misdemeanor.

(d) For a penalty imposed under this section, the vessel also is

liable in rem unless the vessel is -

(1) owned by a State or a political subdivision of a State;

(2) operated principally for governmental purposes; and

(3) identified clearly as a vessel of that State or

subdivision.

(e)(1) A vessel may not transport Government-impelled cargoes if

-

(A) the vessel has been detained and determined to be

substandard by the Secretary for violation of an international

safety convention to which the United States is a party, and the

Secretary has published notice of that detention and

determination in an electronic form, including the name of the

owner of the vessel; or

(B) the operator of the vessel has on more than one occasion

had a vessel detained and determined to be substandard by the

Secretary for violation of an international safety convention to

which the United States is a party, and the Secretary has

published notice of that detention and determination in an

electronic form, including the name of the owner of the vessel.

(2) The prohibition in paragraph (1) expires for a vessel on the

earlier of -

(A) 1 year after the date of the publication in electronic form

on which the prohibition is based; or

(B) any date on which the owner or operator of the vessel

prevails in an appeal of the violation of the relevant

international convention on which the detention is based.

(3) As used in this subsection, the term "Government-impelled

cargo" means cargo for which a Federal agency contracts directly

for shipping by water or for which (or the freight of which) a

Federal agency provides financing, including financing by grant,

loan, or loan guarantee, resulting in shipment of the cargo by

water.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 508; Pub. L. 98-557, Sec.

7(a), Oct. 30, 1984, 98 Stat. 2862; Pub. L. 101-380, title IV,

Secs. 4105(b)(2), 4302(a), Aug. 18, 1990, 104 Stat. 513, 537; Pub.

L. 102-587, title V, Sec. 5102, Nov. 4, 1992, 106 Stat. 5071; Pub.

L. 105-383, title III, Secs. 302(a), 304(c), title IV, Sec. 408(a),

Nov. 13, 1998, 112 Stat. 3417, 3419, 3430; Pub. L. 107-295, title

III, Sec. 325, Nov. 25, 2002, 116 Stat. 2105.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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2302(a) 46:1461(d)

46:1484(b)

2302(b) 46:1461(d)

46:1483

2302(c) 46:1484(b)

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Section 2302 states that the negligent operation of a vessel is

prohibited. These acts are subject to civil and criminal penalties

and the involved vessel is subject to an in rem action. The

negligent operation provisions have their genesis in the Act of

April 25, 1940, 54 Stat. 167, when Congress prescribed that no

person shall operate any motorboat or any vessel in a reckless or

negligent manner. This provision was directed at all vessels and

not those solely engaged in recreational boating. When the Federal

Boat Safety Act of 1971, P.L. 92-75, 85 Stat. 217 (46 U.S.C. 1461)

was enacted it adopted the reckless or negligent operation

provisions of the 1940 Act. It adopted for the first time a

provision for assessing civil penalties in addition to criminal

penalties. It dropped the word "reckless" because of redundancy. It

also combined the two classes of vessels; "any motorboat or any

vessel" into one class by using the word "vessel" and defined

vessel as including every description of watercraft.

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-295 substituted "$5,000 in the

case of a recreational vessel, or $25,000 in the case of any other

vessel" for "$1,000"

1998 - Pub. L. 105-383, Sec. 302(a)(1), substituted "Penalties

for negligent operations and interfering with safe operation" for

"Penalties for negligent operations" in section catchline.

Subsec. (a). Pub. L. 105-383, Sec. 302(a)(2), substituted "or

interfering with the safe operation of a vessel, so as to endanger"

for "that endangers".

Subsec. (c)(1). Pub. L. 105-383, Sec. 304(c), substituted

"$5,000; or" for "$1,000 for a first violation and not more than

$5,000 for a subsequent violation; or".

Subsec. (e). Pub. L. 105-383, Sec. 408(a), added subsec. (e).

1992 - Subsec. (c)(1). Pub. L. 102-587 substituted "$1,000 for a

first violation and not more than $5,000 for a subsequent

violation" for "$1,000".

1990 - Subsec. (b). Pub. L. 101-380, Sec. 4302(a)(1), substituted

"commits a class A misdemeanor" for "shall be fined not more than

$5,000, imprisoned for not more than one year, or both".

Subsec. (c). Pub. L. 101-380, Secs. 4105(b)(2), 4302(a)(2)(A),

substituted "under the influence of alcohol, or a dangerous drug in

violation of a law of the United States" for "intoxicated" and

struck out ", shall be" after "by the Secretary by regulation".

Subsec. (c)(1). Pub. L. 101-380, Sec. 4302(a)(2)(B), substituted

"is liable" for "liable".

Subsec. (c)(2). Pub. L. 101-380, Sec. 4302(a)(2)(C), amended par.

(2) generally. Prior to amendment, par. (2) read as follows: "fined

not more than $5,000, imprisoned for not more than one year, or

both."

1984 - Subsecs. (c), (d). Pub. L. 98-557 added subsec. (c) and

redesignated former subsec. (c) as (d).

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-383, title IV, Sec. 408(b), Nov. 13, 1998, 112 Stat.

3431, provided that: "The amendment made by subsection (a)

[amending this section] takes effect January 1, 1999."

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-380 applicable to incidents occurring

after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out

as an Effective Date note under section 2701 of Title 33,

Navigation and Navigable Waters.

-End-

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46 USC Sec. 2303 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part A - General Provisions

CHAPTER 23 - OPERATION OF VESSELS GENERALLY

-HEAD-

Sec. 2303. Duties related to marine casualty assistance and

information

-STATUTE-

(a) The master or individual in charge of a vessel involved in a

marine casualty shall -

(1) render necessary assistance to each individual affected to

save that affected individual from danger caused by the marine

casualty, so far as the master or individual in charge can do so

without serious danger to the master's or individual's vessel or

to individuals on board; and

(2) give the master's or individual's name and address and

identification of the vessel to the master or individual in

charge of any other vessel involved in the casualty, to any

individual injured, and to the owner of any property damaged.

(b) An individual violating this section or a regulation

prescribed under this section shall be fined not more than $1,000

or imprisoned for not more than 2 years. The vessel also is liable

in rem to the United States Government for the fine.

(c) An individual complying with subsection (a) of this section

or gratuitously and in good faith rendering assistance at the scene

of a marine casualty without objection by an individual assisted,

is not liable for damages as a result of rendering assistance or

for an act or omission in providing or arranging salvage, towage,

medical treatment, or other assistance when the individual acts as

an ordinary, reasonable, and prudent individual would have acted

under the circumstances.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 509.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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2303(a) 33:367

46:1465(a)

2303(b) 33:368

2303(c) 46:1465(b)

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Section 2303 requires a master or anyone in charge of a vessel to

provide assistance and render aid to those involved in a marine

casualty and to exchange information in a manner similar to

automobile accident cases. It also includes a "Good Samaritan"

clause that exonerates anyone from liability when rendering

assistance in an ordinary, reasonable, or prudent manner.

-End-

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46 USC Sec. 2303a 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part A - General Provisions

CHAPTER 23 - OPERATION OF VESSELS GENERALLY

-HEAD-

Sec. 2303a. Post serious marine casualty alcohol testing

-STATUTE-

(a) The Secretary shall establish procedures to ensure that after

a serious marine casualty occurs, alcohol testing of crew members

or other persons responsible for the operation or other

safety-sensitive functions of the vessel or vessels involved in

such casualty is conducted no later than 2 hours after the casualty

occurs, unless such testing cannot be completed within that time

due to safety concerns directly related to the casualty.

(b) The procedures in subsection (a) shall require that if

alcohol testing cannot be completed within 2 hours of the

occurrence of the casualty, such testing shall be conducted as soon

thereafter as the safety concerns in subsection (a) have been

adequately addressed to permit such testing, except that such

testing may not be required more than 8 hours after the casualty

occurs.

-SOURCE-

(Added Pub. L. 105-383, title III, Sec. 304(d)(1), Nov. 13, 1998,

112 Stat. 3419.)

-End-

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46 USC Sec. 2304 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part A - General Provisions

CHAPTER 23 - OPERATION OF VESSELS GENERALLY

-HEAD-

Sec. 2304. Duty to provide assistance at sea

-STATUTE-

(a) A master or individual in charge of a vessel shall render

assistance to any individual found at sea in danger of being lost,

so far as the master or individual in charge can do so without

serious danger to the master's or individual's vessel or

individuals on board.

(b) A master or individual violating this section shall be fined

not more than $1,000, imprisoned for not more than 2 years, or

both.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 509.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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2304 46:728

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Section 2304 requires a master or individual in charge of a

vessel to render assistance to those in danger at sea if able to do

so without seriously endangering the vessel or crew.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3304 of this title;

section 731 of Appendix to this title.

-End-

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46 USC Sec. 2305 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part A - General Provisions

CHAPTER 23 - OPERATION OF VESSELS GENERALLY

-HEAD-

Sec. 2305. Injunctions

-STATUTE-

(a) The district courts of the United States have jurisdiction to

enjoin the negligent operation of vessels prohibited by this

chapter on the petition of the Attorney General for the United

States Government.

(b) When practicable, the Secretary shall -

(1) give notice to any person against whom an action for

injunctive relief is considered under this section an opportunity

to present that person's views; and

(2) except for a knowing and willful violation, give the person

a reasonable opportunity to achieve compliance.

(c) The failure to give notice and opportunity to present views

under subsection (b) of this section does not preclude the court

from granting appropriate relief.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 509.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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2305 46:1485

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Section 2305 provides injunctive authority to enjoin the

negligent operation of vessels. This authority can also be used to

enjoin the operation of foreign or domestic vessels on our waters

when they are unsuitable for the voyage intended.

-End-

-CITE-

46 USC Sec. 2306 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part A - General Provisions

CHAPTER 23 - OPERATION OF VESSELS GENERALLY

-HEAD-

Sec. 2306. Vessel reporting requirements

-STATUTE-

(a)(1) An owner, charterer, managing operator, or agent of a

vessel of the United States, having reason to believe (because of

lack of communication with or nonappearance of a vessel or any

other incident) that the vessel may have been lost or imperiled,

immediately shall -

(A) notify the Coast Guard; and

(B) use all available means to determine the status of the

vessel.

(2) When more than 48 hours have passed since the owner,

charterer, managing operator, or agent of a vessel required to

report to the United States Flag Merchant Vessel Location Filing

System under authority of section 212(A) of the Merchant Marine

Act, 1936 (46 App. U.S.C. 1122a), has received a communication from

the vessel, the owner, charterer, managing operator, or agent

immediately shall -

(A) notify the Coast Guard; and

(B) use all available means to determine the status of the

vessel.

(3) A person notifying the Coast Guard under paragraph (1) or (2)

of this subsection shall provide the name and identification number

of the vessel, the names of individuals on board, and other

information that may be requested by the Coast Guard. The owner,

charterer, managing operator, or agent also shall submit written

confirmation to the Coast Guard within 24 hours after nonwritten

notification to the Coast Guard under those paragraphs.

(4) An owner, charterer, managing operator, or agent violating

this subsection is liable to the United States Government for a

civil penalty of not more than $5,000 for each day during which the

violation occurs.

(b)(1) The master of a vessel of the United States required to

report to the System shall report to the owner, charterer, managing

operator, or agent at least once every 48 hours.

(2) A master violating this subsection is liable to the

Government for a civil penalty of not more than $1,000 for each day

during which the violation occurs.

(c) The Secretary may prescribe regulations to carry out this

section.

-SOURCE-

(Added Pub. L. 98-498, title II, Sec. 212(a)(3), Oct. 19, 1984, 98

Stat. 2305.)

-MISC1-

EFFECTIVE DATE

Section 214 of Pub. L. 98-498 provided that: "Sections 211(a) and

212 of this subtitle [enacting this section and amending sections

2302, 3309, 6101, and 6103 of this title] are effective one hundred

and eighty days after the date of enactment of this Act [Oct. 19,

1984]."

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2301 of this title.

-End-

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46 USC Sec. 2307 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part A - General Provisions

CHAPTER 23 - OPERATION OF VESSELS GENERALLY

-HEAD-

Sec. 2307. Limitation of liability for Coast Guard Vessel Traffic

Service pilots

-STATUTE-

Any pilot, acting in the course and scope of his or her duties

while at a United States Coast Guard Vessel Traffic Service, who

provides information, advice, or communication assistance while

under the supervision of a Coast Guard officer, member, or employee

shall not be liable for damages caused by or related to such

assistance unless the acts or omissions of such pilot constitute

gross negligence or willful misconduct.

-SOURCE-

(Added Pub. L. 107-295, title IV, Sec. 431(a), Nov. 25, 2002, 116

Stat. 2128.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-End-

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46 USC Part B - Inspection and Regulation of Vessels 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

-HEAD-

PART B - INSPECTION AND REGULATION OF VESSELS

-MISC1-

HISTORICAL AND REVISION NOTES

Part B provides authority and responsibility for the inspection

and regulation of vessels by the Coast Guard. This part specifies

those vessels subject to inspection, those that are specifically

exempt from inspection, and related inspection requirements and

procedures. Due to the need for special requirements for the

inspection and regulation of passenger vessels and those vessels

carrying liquid bulk dangerous cargoes separate chapters have been

developed. Additional chapters provide for recreational vessels and

those other vessels that are regulated but are not subject to

inspection and certification by the Coast Guard. It should also be

noted that the United States is signatory to a number of

international treaties on maritime safety and seamen's welfare,

such as the various Safety of Life at Sea (SOLAS) treaties, and

that their provisions and requirements are part of United States

maritime law and in many cases are quite extensive.

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 2110, 2113, 7111, 7113,

8101, 8104, 8303, 8501, 8502, 14305 of this title; title 50 App.

section 1744.

-End-