46-U.S.C.-4308
§4308 – Termination of Unsafe Operation
Pathway
Title 46 > Subtitle II > Part B > Chapter 43 > Section 4308
Details
- Reference: Section 4308
- Legend: §4308 – Termination of Unsafe Operation
- USCode Year: 2013
Provision Content
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.)
| Revised section | Source 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.
U.S. Encyclopedia of Law Coverage
46-U.S.C.-4303 in the Legal Encyclopedia: Shipping
In this entry about 46-U.S.C.-4303, 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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