Title 46 — Shipping
Part B · Chapter 43 — Recreational Vessels
§ 4308. Termination of unsafe operation
Statutory text
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
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 98–89 · 97 Stat. 500
Enacted · 46 U.S.C. § 4308
Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 532
Source evidence
Code source credit
Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 532Pub. L. 99–307 § 1(9) · 100 Stat. 444
Substituted · 46 U.S.C. § 4308
Pub. L. 99–307 substituted “individual in charge” for “operator” in two places
Source evidence
Code amendment note
Pub. L. 99–307 substituted “individual in charge” for “operator” in two places.Enacted provision · exact public law section
(1) In section 2101(14)(C), strike “Material” and substitute “Materials”.
1 of 2 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| Historical and Revision Notes | |
|---|---|
| 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.
Editorial Notes
Amendments
1986—Pub. L. 99–307 substituted “individual in charge” for “operator” in two places.
Credits
1983–1986 · 2 acts
- 1983Pub. L. 98–89, , 97 Stat. 532
- 1986Pub. L. 99–307, § 1(9), , 100 Stat. 445.
Show as published
(Pub. L. 98–89, , 97 Stat. 532; Pub. L. 99–307, § 1(9), , 100 Stat. 445.)