PRIA, Government Policy, Made Personal

Summary

If an enforcement officer sees a recreational boat without required lifesaving or firefighting gear, overloaded, or in another unsafe condition that makes it especially dangerous, the officer can order the person in charge to take immediate, reasonable steps to keep everyone safe. The officer can tell them to return to a dock or mooring and stay there until the danger is fixed or ends.

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.

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.

§4308 Termination of Unsafe Operation