US (United States) Code. Title 46. Subtitle II: Vessels and Seamen. Chapter 77: Suspension and revocation

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Shipping. Merchant Seamen licenses, certificates and documents

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 12 páginas
publicidad

-CITE-

46 USC CHAPTER 77 - SUSPENSION AND REVOCATION 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part E - Merchant Seamen Licenses, Certificates, and Documents

CHAPTER 77 - SUSPENSION AND REVOCATION

-HEAD-

CHAPTER 77 - SUSPENSION AND REVOCATION

-MISC1-

Sec.

7701. General.

7702. Administrative procedure.

7703. Bases for suspension or revocation.

7704. Dangerous drugs as grounds for revocation.

7705. Subpenas and oaths.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 6301, 9303 of this title;

title 49 sections 1133, 30305.

-End-

-CITE-

46 USC Sec. 7701 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part E - Merchant Seamen Licenses, Certificates, and Documents

CHAPTER 77 - SUSPENSION AND REVOCATION

-HEAD-

Sec. 7701. General

-STATUTE-

(a) The purpose of suspension and revocation proceedings is to

promote safety at sea.

(b) Licenses, certificates of registry, and merchant mariners'

documents may be suspended or revoked for acts described in section

7703 of this title.

(c) When a license, certificate of registry, or merchant

mariner's document has been revoked under this chapter, the former

holder may be issued a new license, certificate of registry, or

merchant mariner's document only after -

(1) the Secretary decides, under regulations prescribed by the

Secretary, that the issuance is compatible with the requirement

of good discipline and safety at sea; and

(2) the former holder provides satisfactory proof that the

bases for revocation are no longer valid.

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

chapter.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 546; Pub. L. 101-380, title

IV, Sec. 4103(c), Aug. 18, 1990, 104 Stat. 511.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

7701 46:239(g)

--------------------------------------------------------------------

Section 7701 establishes the general purpose of suspension and

revocation proceedings, which is to promote safety at sea. This

section also provides the Secretary with the authority to suspend

or revoke licenses, certificates, and documents, as well as the

authority to issue a new license, certificate or document to an

individual when the issuance is compatible with the requirements of

good discipline and safety at sea. It also provides for necessary

regulatory authority to carry out its purposes.

AMENDMENTS

1990 - Subsec. (c). Pub. L. 101-380 amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows: "When a

license, certificate of registry, or merchant mariner's document

has been revoked under this chapter, the former holder may be

issued a new license, certificate, or document only after it has

been decided, under regulations prescribed by the Secretary, that

the issuance is compatible with the requirements of good discipline

and safety at sea."

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-

-CITE-

46 USC Sec. 7702 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part E - Merchant Seamen Licenses, Certificates, and Documents

CHAPTER 77 - SUSPENSION AND REVOCATION

-HEAD-

Sec. 7702. Administrative procedure

-STATUTE-

(a) Sections 551-559 of title 5 apply to each hearing under this

chapter about suspending or revoking a license, certificate of

registry, or merchant mariner's document.

(b) The individual whose license, certificate of registry, or

merchant mariner's document has been suspended or revoked under

this chapter may appeal, within 30 days, the suspension or

revocation to the Secretary.

(c)(1) The Secretary shall request a holder of a license,

certificate of registry, or merchant mariner's document to make

available to the Secretary, under section 206(b)(4) of the National

Driver Register Act of 1982 (23 U.S.C. 401 note), all information

contained in the National Driver Register related to an offense

described in section 205(a)(3)(A) or (B) of that Act committed by

the individual.

(2) The Secretary shall require the testing of the holder of a

license, certificate of registry, or merchant mariner's document

for use of alcohol and dangerous drugs in violation of law or

Federal regulation. The testing may include preemployment (with

respect to dangerous drugs only), periodic, random, and reasonable

cause testing, and shall include post-accident testing.

(d)(1) The Secretary may temporarily, for not more than 45 days,

suspend and take possession of the license, certificate of

registry, or merchant mariner's document held by an individual if,

when acting under the authority of that license, certificate, or

document -

(A) that individual performs a safety sensitive function on a

vessel, as determined by the Secretary; and

(B) there is probable cause to believe that the individual -

(i) has performed the safety sensitive function in violation

of law or Federal regulation regarding use of alcohol or a

dangerous drug;

(ii) has been convicted of an offense that would prevent the

issuance or renewal of the license, certificate, or document;

or

(iii) within the 3-year period preceding the initiation of a

suspension proceeding, has been convicted of an offense

described in section 205(a)(3)(A) or (B) of the National Driver

Register Act of 1982.

(2) If a license, certificate, or document is temporarily

suspended under this section, an expedited hearing under subsection

(a) of this section shall be held within 30 days after the

temporary suspension.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 546; Pub. L. 99-36, Sec.

1(a)(3), May 15, 1985, 99 Stat. 67; Pub. L. 101-380, title IV, Sec.

4103(a)(1), Aug. 18, 1990, 104 Stat. 510; Pub. L. 105-383, title

III, Sec. 304(a), Nov. 13, 1998, 112 Stat. 3419.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

7702 ................

..............................

--------------------------------------------------------------------

Section 7702(a) provides that Sections 551-559 of title 5 of the

United States Code shall apply to each involving the suspension or

revocation of a license, certificate, or document.

Subsection (b) allows an individual whose license, certificate,

or document has been suspended or revoked to appeal it to the

Secretary within 30 days.

-REFTEXT-

REFERENCES IN TEXT

Sections 205(a)(3)(A) or (B) and 206(b)(4) of the National Driver

Register Act of 1982, referred to in subsecs. (c)(1) and

(d)(1)(B)(iii), are sections 205(a)(3)(A), (B) and 206(b)(4) of

Pub. L. 97-364, which are set out as a note under section 401 of

Title 23, Highways.

-MISC2-

AMENDMENTS

1998 - Subsec. (c)(2). Pub. L. 105-383 inserted second sentence

and struck out former second sentence which read as follows: "The

testing may include preemployment (with respect to dangerous drugs

only), periodic, random, reasonable cause, and post accident

testing."

1990 - Subsecs. (c), (d). Pub. L. 101-380 added subsecs. (c) and

(d).

1985 - Subsec. (a). Pub. L. 99-36 substituted "mariner's" for

"mariners' ".

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-

-CITE-

46 USC Sec. 7703 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part E - Merchant Seamen Licenses, Certificates, and Documents

CHAPTER 77 - SUSPENSION AND REVOCATION

-HEAD-

Sec. 7703. Bases for suspension or revocation

-STATUTE-

A license, certificate of registry, or merchant mariner's

document issued by the Secretary may be suspended or revoked if the

holder -

(1) when acting under the authority of that license,

certificate, or document -

(A) has violated or fails to comply with this subtitle, a

regulation prescribed under this subtitle, or any other law or

regulation intended to promote marine safety or to protect

navigable waters; or

(B) has committed an act of incompetence, misconduct, or

negligence;

(2) is convicted of an offense that would prevent the issuance

or renewal of a license, certificate of registry, or merchant

mariner's document; or

(3) within the 3-year period preceding the initiation of the

suspension or revocation proceeding is convicted of an offense

described in section 205(a)(3)(A) or (B) of the National Driver

Register Act of 1982 (23 U.S.C. 401 note).

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 546; Pub. L. 99-36, Sec.

1(a)(9)(E), May 15, 1985, 99 Stat. 68; Pub. L. 101-380, title IV,

Sec. 4103(b), Aug. 18, 1990, 104 Stat. 511.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

7703 46:226

46:239

46:240

46:246(c)

--------------------------------------------------------------------

This section provides the bases for suspension and revocation of

a license, certificate or document. The individual must have been

operating under the authority of the required license, certificate,

or document and has violated a law or regulation intended to

promote marine safety or to protect the navigable waters or has

committed an act of incompetence, misconduct, or negligence.

AMENDMENTS

1990 - Pub. L. 101-380 amended section generally. Prior to

amendment, section read as follows: "A license, certificate of

registry, or merchant mariner's document issued by the Secretary

may be suspended or revoked if, when acting under the authority of

that license, certificate, or document, the holder -

"(1) has violated or failed to comply with this subtitle, a

regulation prescribed under this subtitle, or any other law or

regulation intended to promote marine safety or to protect

navigable waters.

"(2) has committed an act of incompetence, misconduct, or

negligence."

1985 - Pub. L. 99-36 substituted "certificate of registry," for

first reference to "certificate,".

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7701 of this title; title

49 section 30305.

-End-

-CITE-

46 USC Sec. 7704 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part E - Merchant Seamen Licenses, Certificates, and Documents

CHAPTER 77 - SUSPENSION AND REVOCATION

-HEAD-

Sec. 7704. Dangerous drugs as grounds for revocation

-STATUTE-

[(a) Repealed. Pub. L. 101-380, title IV, Sec. 4103(a)(2)(B),

Aug. 18, 1990, 104 Stat. 511.]

(b) If it is shown at a hearing under this chapter that a holder

of a license, certificate of registry, or merchant mariner's

document issued under this part, within 10 years before the

beginning of the proceedings, has been convicted of violating a

dangerous drug law of the United States or of a State, the license,

certificate, or document shall be revoked.

(c) If it is shown that a holder has been a user of, or addicted

to, a dangerous drug, the license, certificate of registry, or

merchant mariner's document shall be revoked unless the holder

provides satisfactory proof that the holder is cured.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 546; Pub. L. 99-36, Sec.

1(a)(9)(F), (G), May 15, 1985, 99 Stat. 68; Pub. L. 101-380, title

IV, Sec. 4103(a)(2)(B), Aug. 18, 1990, 104 Stat. 511.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

7704(a) 46:239a(a)

7704(b) 46:239b(b)(1)

7704(c) 46:239b(b)(2)

--------------------------------------------------------------------

Section 7704 requires the Secretary to revoke the license,

certificate, or document of any individual who has been convicted

of a dangerous drug law within 10 years before the beginning of the

suspension or revocation procedures. This section has expanded

current law to incorporate violations involving "controlled

substances" which are not narcotic. This includes PCP and LSD.

Unless it can be done under existing law, the suspension or

revocation of an individual's license based on the use of a

"controlled substance" only applies to the use or conviction after

the date of enactment of this Act.

This section also provides that anyone who has been a user of or

addicted to a dangerous drug since July 14, 1954, may be subjected

to revocation procedures unless the individual provides

satisfactory proof of being cured.

In sections 7503(b)(2) and 7704(c), the term "use", when applying

to "narcotic drugs" or "controlled substances", is not intended to

include the use of "off the shelf" drugs or drugs acquired with a

prescription lawfully issued by a medical doctor, as long as the

drugs are used by the individual in the recommended amounts and the

drugs will not impair the individual's ability to perform duties.

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-380 struck out subsec. (a) which

defined "dangerous drug" for purpose of this section as narcotic

drug, controlled substance, and marihuana.

1985 - Subsec. (b). Pub. L. 99-36, Sec. 1(a)(9)(F), substituted

"merchant mariner's document" for first reference to "document".

Subsec. (c). Pub. L. 99-36, Sec. 1(a)(9)(G), substituted

"certificate of registry, or merchant mariner's document" for

"certificate, or document".

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-

-CITE-

46 USC Sec. 7705 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part E - Merchant Seamen Licenses, Certificates, and Documents

CHAPTER 77 - SUSPENSION AND REVOCATION

-HEAD-

Sec. 7705. Subpenas and oaths

-STATUTE-

(a) An official designated to investigate or preside at a hearing

on matters that are grounds for suspension or revocation of

licenses, certificates of registry, and merchant mariners'

documents may administer oaths and issue subpenas to compel the

attendance and testimony of witnesses and the production of records

or other evidence during investigations and at hearings.

(b) The jurisdictional limits of a subpena issued under this

section are the same as, and are enforceable in the same manner as,

subpenas issued under chapter 63 of this title.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 547; Pub. L. 99-36, Sec.

1(a)(9)(H), May 15, 1985, 99 Stat. 68.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

7705 46:239(e)

--------------------------------------------------------------------

Section 7705 allows officials designated to investigate or

preside at hearings on matters that are grounds for suspension and

revocation proceedings to administer oaths and issue subpenas.

AMENDMENTS

1985 - Subsec. (a). Pub. L. 99-36 substituted "certificates of

registry, and merchant mariners' documents" for "certificates, and

documents".

-End-

-CITE-

46 USC Part F - Manning of Vessels 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part F - Manning of Vessels

-HEAD-

PART F - MANNING OF VESSELS

-MISC1-

HISTORICAL AND REVISION NOTES

Part F provides for the manning of vessels including requirements

generally for the number of individuals required, qualifications

and conditions of employment, and duties; for masters and other

licenses and registered individuals; for pilots; for unlicensed

personnel; for small vessels; for tank vessels; and for pilotage on

the Great Lakes. The Committee intends that all manning provisions

throughout this subtitle will be interpreted to be consistent with

one another.

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 2101, 2113, 7302, 12306,

14305 of this title.

-End-