CITE
46 USC Sec. 2302 01/08/2008
EXPCITE
TITLE 46 - SHIPPING
Subtitle II - Vessels and Seamen
Part A - General Provisions
CHAPTER 23 - OPERATION OF VESSELS GENERALLY
HEAD
Sec. 2302. Penalties for negligent operations and interfering with
safe operation
STATUTE
(a) A person operating a vessel in a negligent manner or
interfering with the safe operation of a vessel, so as to endanger
the life, limb, or property of a person is liable to the United
States Government for a civil penalty of not more than $5,000 in
the case of a recreational vessel, or $25,000 in the case of any
other vessel.
(b) A person operating a vessel in a grossly negligent manner
that endangers the life, limb, or property of a person commits a
class A misdemeanor.
(c) An individual who is under the influence of alcohol, or a
dangerous drug in violation of a law of the United States when
operating a vessel, as determined under standards prescribed by the
Secretary by regulation -
(1) is liable to the United States Government for a civil
penalty of not more than $5,000; or
(2) commits a class A misdemeanor.
(d) For a penalty imposed under this section, the vessel also is
liable in rem unless the vessel is -
(1) owned by a State or a political subdivision of a State;
(2) operated principally for governmental purposes; and
(3) identified clearly as a vessel of that State or
subdivision.
(e)(1) A vessel may not transport Government-impelled cargoes if -
(A) the vessel has been detained and determined to be
substandard by the Secretary for violation of an international
safety convention to which the United States is a party, and the
Secretary has published notice of that detention and
determination in an electronic form, including the name of the
owner of the vessel; or
(B) the operator of the vessel has on more than one occasion
had a vessel detained and determined to be substandard by the
Secretary for violation of an international safety convention to
which the United States is a party, and the Secretary has
published notice of that detention and determination in an
electronic form, including the name of the owner of the vessel.
(2) The prohibition in paragraph (1) expires for a vessel on the
earlier of -
(A) 1 year after the date of the publication in electronic form
on which the prohibition is based; or
(B) any date on which the owner or operator of the vessel
prevails in an appeal of the violation of the relevant
international convention on which the detention is based.
(3) As used in this subsection, the term "Government-impelled
cargo" means cargo for which a Federal agency contracts directly
for shipping by water or for which (or the freight of which) a
Federal agency provides financing, including financing by grant,
loan, or loan guarantee, resulting in shipment of the cargo by
water.
SOURCE
(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 508; Pub. L. 98-557, Sec.
7(a), Oct. 30, 1984, 98 Stat. 2862; Pub. L. 101-380, title IV,
Secs. 4105(b)(2), 4302(a), Aug. 18, 1990, 104 Stat. 513, 537; Pub.
L. 102-587, title V, Sec. 5102, Nov. 4, 1992, 106 Stat. 5071; Pub.
L. 105-383, title III, Secs. 302(a), 304(c), title IV, Sec. 408(a),
Nov. 13, 1998, 112 Stat. 3417, 3419, 3430; Pub. L. 107-295, title
III, Sec. 325, Nov. 25, 2002, 116 Stat. 2105.)
HISTORICAL AND REVISION NOTES --------------------------------------------------------------------
Revised section Source section (U.S. Code)
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2302(a) 46:1461(d)
46:1484(b)
2302(b) 46:1461(d)
46:1483
2302(c) 46:1484(b)
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Section 2302 states that the negligent operation of a vessel is
prohibited. These acts are subject to civil and criminal penalties
and the involved vessel is subject to an in rem action. The
negligent operation provisions have their genesis in the Act of
April 25, 1940, 54 Stat. 167, when Congress prescribed that no
person shall operate any motorboat or any vessel in a reckless or
negligent manner. This provision was directed at all vessels and
not those solely engaged in recreational boating. When the Federal
Boat Safety Act of 1971, P.L. 92-75, 85 Stat. 217 (46 U.S.C. 1461)
was enacted it adopted the reckless or negligent operation
provisions of the 1940 Act. It adopted for the first time a
provision for assessing civil penalties in addition to criminal
penalties. It dropped the word "reckless" because of redundancy. It
also combined the two classes of vessels; "any motorboat or any
vessel" into one class by using the word "vessel" and defined
vessel as including every description of watercraft.
AMENDMENTS
2002 - Subsec. (a). Pub. L. 107-295 substituted "$5,000 in the
case of a recreational vessel, or $25,000 in the case of any other
vessel" for "$1,000"
1998 - Pub. L. 105-383, Sec. 302(a)(1), substituted "Penalties
for negligent operations and interfering with safe operation" for
"Penalties for negligent operations" in section catchline.
Subsec. (a). Pub. L. 105-383, Sec. 302(a)(2), substituted "or
interfering with the safe operation of a vessel, so as to endanger"
for "that endangers".
Subsec. (c)(1). Pub. L. 105-383, Sec. 304(c), substituted
"$5,000; or" for "$1,000 for a first violation and not more than
$5,000 for a subsequent violation; or".
Subsec. (e). Pub. L. 105-383, Sec. 408(a), added subsec. (e).
1992 - Subsec. (c)(1). Pub. L. 102-587 substituted "$1,000 for a
first violation and not more than $5,000 for a subsequent
violation" for "$1,000".
1990 - Subsec. (b). Pub. L. 101-380, Sec. 4302(a)(1), substituted
"commits a class A misdemeanor" for "shall be fined not more than
$5,000, imprisoned for not more than one year, or both".
Subsec. (c). Pub. L. 101-380, Secs. 4105(b)(2), 4302(a)(2)(A),
substituted "under the influence of alcohol, or a dangerous drug in
violation of a law of the United States" for "intoxicated" and
struck out ", shall be" after "by the Secretary by regulation".
Subsec. (c)(1). Pub. L. 101-380, Sec. 4302(a)(2)(B), substituted
"is liable" for "liable".
Subsec. (c)(2). Pub. L. 101-380, Sec. 4302(a)(2)(C), amended par.
(2) generally. Prior to amendment, par. (2) read as follows: "fined
not more than $5,000, imprisoned for not more than one year, or
both."
1984 - Subsecs. (c), (d). Pub. L. 98-557 added subsec. (c) and
redesignated former subsec. (c) as (d).
EFFECTIVE DATE OF 1998 AMENDMENT
Pub. L. 105-383, title IV, Sec. 408(b), Nov. 13, 1998, 112 Stat.
3431, provided that: "The amendment made by subsection (a)
[amending this section] takes effect January 1, 1999."
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment 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.