
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 46USC4308]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
              Part B--Inspection and Regulation of Vessels
 
                    CHAPTER 43--RECREATIONAL VESSELS
 
Sec. 4308. Termination of unsafe operation

    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.

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 532; Pub. L. 99-307, Sec. 1(9), 
May 19, 1986, 100 Stat. 445.)

                      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.


                               Amendments

    1986--Pub. L. 99-307 substituted ``individual in charge'' for 
``operator'' in two places.
