Title 46 — ShippingRelease 119-73
§4308 Termination of unsafe operation
Title 46 › Subtitle Subtitle II— - Vessels and Seamen › Part Part B— - Inspection and Regulation of Vessels › Chapter CHAPTER 43— - RECREATIONAL VESSELS › § 4308
Summary
An official enforcing boating rules can order a recreational boat’s operator to take immediate safety steps if the boat lacks life or firefighting gear, is overloaded, or is otherwise unsafe, including returning to a mooring and staying until the danger ends.
Full Legal Text
Title 46, §4308
Shipping — Source: USLM XML via OLRC
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.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised sectionSource section (U.S. Code) 430846:1462 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.
Editorial Notes
Amendments
1986—Pub. L. 99–307 substituted “individual in charge” for “operator” in two places.
Reference
Citations & Metadata
Citation
46 U.S.C. § 4308
Title 46 — Shipping
Last Updated
Apr 6, 2026
Release point: 119-73