46 U.S.C.
United States Code, 2019 Edition
Title 46 - SHIPPING
Subtitle II - Vessels and Seamen
Part B - Inspection and Regulation of Vessels
CHAPTER 43 - RECREATIONAL VESSELS
Sec. 4308 - Termination of unsafe operation
From the U.S. Government Publishing Office, www.gpo.gov

§4308. Termination of unsafe operation

If an official charged with the enforcement of this chapter observes a recreational vessel being operated without sufficient lifesaving or firefighting devices or in an overloaded or other unsafe condition (as defined in regulations prescribed under this chapter) and, in the judgment of the official, the operation creates an especially hazardous condition, the official may direct the individual in charge of the recreational vessel to take immediate and reasonable steps necessary for the safety of individuals on board the vessel, including directing the individual in charge to return to a mooring and to remain there until the situation creating the hazard is corrected or ended.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 532; Pub. L. 99–307, §1(9), May 19, 1986, 100 Stat. 445.)

Historical and Revision Notes
Revised sectionSource section (U.S. Code)
4308 46:1462

Section 4308 authorizes an appropriate official to terminate the unsafe operation of recreational vessels. If the official observes the vessel being operated without sufficient lifesaving or firefighting devices or in an overloaded or other unsafe condition (as defined in regulations) and believes the operation creates an especially hazardous condition, the operator may be directed to take immediate and reasonable steps necessary for safety, including returning to a mooring and remaining there until the hazard is corrected or ended. This does not prevent the assessment of any applicable civil penalties nor the pursuing of appropriate criminal action.

Amendments

1986—Pub. L. 99–307 substituted "individual in charge" for "operator" in two places.