§7703 — Title 46 Shipping | U.S. Code

Summary

The Secretary can suspend or take away a license, certificate of registry, or merchant mariner’s document for several reasons. This includes when the holder, while using the credential, breaks this subtitle or other laws and rules meant to protect ships and waters, or behaves with misconduct or negligence. It also covers convictions that would stop issuing or renewing a credential, a conviction within the 3-year period before the suspension or revocation proceeding starts that matches section 30304(a)(3)(A) or (B) of title 49, clear incompetence in operating a vessel, or being a security risk to a vessel or nearby marine structures.

Title 46, §7703

Shipping — Source: USLM XML via OLRC

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 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;

(3)within the 3-year period preceding the initiation of the suspension or revocation proceeding is convicted of an offense described in section 30304(a)(3)(A) or (B) of title 49;

(4)has committed an act of incompetence relating to the operation of a vessel; or

(5)is a security risk that poses a threat to the safety or security of a vessel or a public or commercial structure located within or adjacent to the marine environment.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource section (U.S. Code) 770346:22646:23946:24046:246(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.

Editorial Notes

Amendments

2006—Par. (3). Pub. L. 109–241 struck out “(23 U.S.C. 401 note)” after “of title 49”. 2004—Par. (1)(B). Pub. L. 108–293, § 408(1), substituted “misconduct or” for “incompetence, misconduct, or”. Par. (3). Pub. L. 108–293, § 609(3), substituted “section 30304(a)(3)(A) or (B) of title 49” for “section 205(a)(3)(A) or (B) of the National Driver Register Act of 1982”. Pars. (4), (5). Pub. L. 108–293, § 408(2)–(4), added pars. (4) and (5). 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,”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1990 AmendmentAmendment 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.

§7703 Bases for suspension or revocation

Summary

Title 46, §7703

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata