46 U.S.C. § 7703

Current through P.L. 118-47 (published on www.congress.gov on 03/23/2024)

Section 7703 - Bases for suspension or revocation

A license, certificate of registry, or merchant mariner's document issued by the Secretary may be suspended or revoked if the holder-

(1) when acting under the authority of that license, certificate, or document-

(A) has violated or fails to comply with this subtitle, a regulation prescribed under this subtitle, or any other law or regulation intended to promote marine safety or to protect navigable waters; or

(B) has committed an act of misconduct or negligence;

(2) is convicted of an offense that would prevent the issuance or renewal of a license, certificate of registry, or merchant mariner's document;

(3) within the 3-year period preceding the initiation of the suspension or revocation proceeding is convicted of an offense described in section 30304(a)(3)(A) or (B) of title 49;

(4) has committed an act of incompetence relating to the operation of a vessel; or

(5) is a security risk that poses a threat to the safety or security of a vessel or a public or commercial structure located within or adjacent to the marine environment.

46 U.S.C. § 7703

Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 546; Pub. L. 99-36, §1(a)(9)(E), May 15, 1985, 99 Stat. 68; Pub. L. 101-380, title IV, §4103(b), Aug. 18, 1990, 104 Stat. 511; Pub. L. 108-293, title IV, §408, title VI, §609(3), Aug. 9, 2004, 118 Stat. 1044, 1058; Pub. L. 109-241, title IX, §901(h)(3), July 11, 2006, 120 Stat. 564.

HISTORICAL AND REVISION NOTES
Revised section	Source section (U.S. Code)
7703	46:226 46:239 46:240 46:246(c)

This section provides the bases for suspension and revocation of a license, certificate or document. The individual must have been operating under the authority of the required license, certificate, or document and has violated a law or regulation intended to promote marine safety or to protect the navigable waters or has committed an act of incompetence, misconduct, or negligence.

EDITORIAL NOTES

AMENDMENTS2006-Par. (3). Pub. L. 109-241 struck out " (23 U.S.C. 401 note)" after "of title 49".2004-Par. (1)(B). Pub. L. 108-293, §408(1), substituted "misconduct or" for "incompetence, misconduct, or".Par. (3). Pub. L. 108-293, §609(3), substituted "section 30304(a)(3)(A) or (B) of title 49" for "section 205(a)(3)(A) or (B) of the National Driver Register Act of 1982".Pars. (4), (5). Pub. L. 108-293, §408(2)-(4), added pars. (4) and (5). 1990- Pub. L. 101-380 amended section generally. Prior to amendment, section read as follows: "A license, certificate of registry, or merchant mariner's document issued by the Secretary may be suspended or revoked if, when acting under the authority of that license, certificate, or document, the holder-"(1) has violated or failed to comply with this subtitle, a regulation prescribed under this subtitle, or any other law or regulation intended to promote marine safety or to protect navigable waters."(2) has committed an act of incompetence, misconduct, or negligence."1985- Pub. L. 99-36substituted "certificate of registry," for first reference to "certificate,".

STATUTORY NOTES AND RELATED SUBSIDIARIES

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.