46-U.S.C.-2302
§2302 – Penalties For Negligent Operations and Interfering With Safe Operation
Pathway
Title 46 > Subtitle II > Part A > Chapter 23 > Section 2302
Details
- Reference: Section 2302
- Legend: §2302 – Penalties For Negligent Operations and Interfering With Safe Operation
- USCode Year: 2013
Provision Content
(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.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 508; Pub. L. 98–557, §7(a), Oct. 30, 1984, 98 Stat. 2862; Pub. L. 101–380, title IV, §§4105(b)(2), 4302(a), Aug. 18, 1990, 104 Stat. 513, 537; Pub. L. 102–587, title V, §5102, Nov. 4, 1992, 106 Stat. 5071; Pub. L. 105–383, title III, §§302(a), 304(c), title IV, §408(a), Nov. 13, 1998, 112 Stat. 3417, 3419, 3430; Pub. L. 107–295, title III, §325, Nov. 25, 2002, 116 Stat. 2105.)
| Revised section | Source section (U.S. Code) |
|---|---|
| 2302(a) | 46:1461(d) 46:1484(b) |
| 2302(b) | 46:1461(d) 46:1483 |
| 2302(c) | 46:1484(b) |
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, §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, §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, §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, §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, §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, §§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, §4302(a)(2)(B), substituted is liable for liable.
Subsec. (c)(2). Pub. L. 101–380, §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, §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.
U.S. Encyclopedia of Law Coverage
46-U.S.C.-2101 in the Legal Encyclopedia: Shipping
In this entry about 46-U.S.C.-2101, find legal reference material, bibliographies and premiere content related to shipping in the American Encyclopedia of Law, presenting a comprehensive view of the United States shipping-specific issues, written by authorities in the field.
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