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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.

  1. 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. 532

  2. Pub. 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 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.

Credits

1983–1986 · 2 acts
  1. 1983Pub. L. 98–89, , 97 Stat. 532
  2. 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.)

Parsed from the official OLRC USLM XML in data/usc_all/usc46.xml · release point 119-108 · OLRC build 2026-03-26

USLM identifier /us/usc/t46/s4308