§3315 — Title 46 Shipping | U.S. Code

Summary

People with a license under part E must help when their vessel is inspected. They must tell inspectors about any known defects that are covered by the inspection rules. They must also report right away to the officials in charge if an accident badly harms the vessel, its gear, or people on board. Officials must not give out the name of someone who reports problems, or where the report came from, except to people the Secretary allows. An official who breaks this can be disciplined under the law.

Title 46, §3315

Shipping — Source: USLM XML via OLRC

(a)Each individual licensed under part E of this subtitle shall assist in the inspection or examination under this part of the vessel on which the individual is serving, and shall point out defects and imperfections known to the individual in matters subject to regulations and inspection. The individual also shall make known to officials designated to enforce this part, at the earliest opportunity, any marine casualty producing serious injury to the vessel, its equipment, or individuals on the vessel.

(b)An official may not disclose the name of an individual providing information under this section, or the source of the information, to a person except a person authorized by the Secretary. An official violating this subsection is liable to disciplinary action under applicable law.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource section (U.S. Code) 331546:234 section 3315 requires an individual holding a license issued by the Coast Guard to assist inspection authorities and to make defects and imperfections known to those authorities. Anyone licensed also has a duty to report any marine casualty producing serious injury to the vessel, its equipment, or individuals on board the vessel. These licensed individuals who have this statutorily imposed duty to disclose are also protected by prohibiting any government official from disclosing the identity or source of the information except as authorized by the Secretary.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 98–89, set out as a note under section 3101 of this title. Anonymous Safety Alert System Pub. L. 115–265, title II, § 217, Oct. 11, 2018, 132 Stat. 3752, provided that: “(a) Pilot Program.—Not later than 1 year after the date of enactment of this Act [Oct. 11, 2018], the Commandant [of the Coast Guard] shall establish an anonymous safety alert pilot program. “(b) Requirements.—The pilot program established under subsection (a) shall provide an anonymous reporting mechanism to allow crew members to communicate urgent and dire safety concerns directly and in a timely manner with the Coast Guard.”

§3315 Disclosure of Defects and Protection of Informants