
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: 46USC7101]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
      Part E--Merchant Seamen Licenses, Certificates, and Documents
 
            CHAPTER 71--LICENSES AND CERTIFICATES OF REGISTRY
 
Sec. 7101. Issuing and classifying licenses and certificates of 
        registry
        
    (a) Licenses and certificates of registry are established for 
individuals who are required to hold licenses or certificates under this 
subtitle.
    (b) Under regulations prescribed by the Secretary, the Secretary--
        (1) issues the licenses and certificates of registry; and
        (2) may classify the licenses and certificates of registry as 
    provided in subsections (c) and (f) of this section, based on--
            (A) the tonnage, means of propulsion, and horsepower of 
        machine-propelled vessels;
            (B) the waters on which vessels are to be operated; or
            (C) other reasonable standards.

    (c) The Secretary may issue licenses in the following classes to 
applicants found qualified as to age, character, habits of life, 
experience, professional qualifications, and physical fitness:
        (1) masters, mates, and engineers.
        (2) pilots.
        (3) operators.
        (4) radio officers.

    (d) In classifying individuals under subsection (c)(1) of this 
section, the Secretary shall establish, when possible, suitable career 
patterns and service and other qualifying requirements appropriate to 
the particular service or industry in which the individuals are engaged.
    (e) An individual may be issued a license under subsection (c)(2) of 
this section only if the applicant--
        (1) is at least 21 years of age;
        (2) is of sound health and has no physical limitations that 
    would hinder or prevent the performance of a pilot's duties;
        (3) has a thorough physical examination each year while holding 
    the license, except that this requirement does not apply to an 
    individual who will serve as a pilot only on a vessel of less than 
    1,600 gross tons as measured under section 14502 of this title, or 
    an alternate tonnage measured under section 14302 of this title as 
    prescribed by the Secretary under section 14104 of this title;
        (4) demonstrates, to the satisfaction of the Secretary, that the 
    applicant has the requisite general knowledge and skill to hold the 
    license;
        (5) demonstrates proficiency in the use of electronic aids to 
    navigation;
        (6) maintains adequate knowledge of the waters to be navigated 
    and knowledge of regulations for the prevention of collisions in 
    those waters;
        (7) has sufficient experience, as decided by the Secretary, to 
    evidence ability to handle any vessel of the type and size which the 
    applicant may be authorized to pilot; and
        (8) meets any other requirement the Secretary considers 
    reasonable and necessary.

    (f) The Secretary may issue certificates of registry in the 
following classes to applicants found qualified as to character, 
knowledge, skill, and experience:
        (1) pursers.
        (2) medical doctors.
        (3) professional nurses.

    (g) The Secretary may not issue a license or certificate of registry 
under this section unless an individual applying for the license or 
certificate makes available to the Secretary, under section 206(b)(7) of 
the National Driver Register Act of 1982 (23 U.S.C. 401 note), any 
information contained in the National Driver Register related to an 
offense described in section 205(a)(3)(A) or (B) of that Act committed 
by the individual.
    (h) The Secretary may review the criminal record of an individual 
who applies for a license or certificate of registry under this section.
    (i) The Secretary shall require the testing of an individual who 
applies for issuance or renewal of a license or certificate of registry 
under this chapter for use of a dangerous drug in violation of law or 
Federal regulation.

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 539; Pub. L. 98-557, Sec. 29(a), 
Oct. 30, 1984, 98 Stat. 2873; Pub. L. 101-380, title IV, Sec. 4101(a), 
Aug. 18, 1990, 104 Stat. 509; Pub. L. 104-324, title VII, Sec. 720, Oct. 
19, 1996, 110 Stat. 3938.)

                      Historical and Revision Notes
------------------------------------------------------------------------
          Revised section                Source section (U.S. Code)
------------------------------------------------------------------------
7101..............................  46:214
                                    46:224
                                    46:226
                                    46:228
                                    46:229
                                    46:229a
                                    46:229b
                                    46:242
                                    46:243
                                    46:244
                                    46:247
------------------------------------------------------------------------

    Section 7101(a) provides the authority for the establishment of 
licenses and certificates of registry for officers and individuals 
operating vessels who are required to hold them under Subtitle II.
    Subsection (b) authorizes the Secretary to issue licenses and 
certificates of registry based on tonnage, means of propulsion, 
horsepower, vessel operating area, and other reasonable standards.
    Subsection (c) authorizes the Secretary to issue licenses to 
masters, mates, engineers, pilots, operators, and radio officers when 
found qualified as to age, character, habits of life, experience, 
professional qualifications, and physical fitness. These qualifying 
standards must by necessity be reasonable and related to the rigors of 
the profession.
    Subsection (d) requires the Secretary to establish, when possible, 
suitable career patterns and service for and other qualifying 
requirements appropriate to the particular service or industry for the 
individuals so engaged.
    Subsection (e) sets forth the requirements that pilots must meet 
before being issued a license.
    Subsection (f) authorizes the Secretary to issue certificates of 
registry to qualified individuals as pursers, medical doctors, and 
professional nurses.

                       References in Text

    Sections 205(a)(3)(A) or (B) and 206(b)(7) of the National Driver 
Register Act of 1982, referred to in subsec. (g), are sections 
205(a)(3)(A), (B) and 206(b)(7) of Pub. L. 97-364, which are set out as 
a note under section 401 of Title 23, Highways.


                               Amendments

    1996--Subsec. (e)(3). Pub. L. 104-324 inserted ``as measured under 
section 14502 of this title, or an alternate tonnage measured under 
section 14302 of this title as prescribed by the Secretary under section 
14104 of this title'' after ``1,600 gross tons''.
    1990--Subsecs. (g) to (i). Pub. L. 101-380 added subsecs. (g) to 
(i).
    1984--Subsec. (e)(3). Pub. L. 98-557 inserted exemption for pilots 
on a vessel of less than 1,600 gross tons.


                    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.


        Plan for Licensing Operators of Fishing Industry Vessels

    Pub. L. 100-424, Sec. 3, Sept. 9, 1988, 102 Stat. 1590, provided 
that: ``The Secretary of the department in which the Coast Guard is 
operating shall, within two years after the date of enactment of this 
Act [Sept. 9, 1988], and in close consultation with the Commercial 
Fishing Industry Vessel Advisory Committee established under section 
4508 of title 46, United States Code (as amended by this Act), prepare 
and submit to the Congress a plan for the licensing of operators of 
documented fishing, fish processing, and fish tender vessels. The plan 
shall take into consideration the nature and variety of the different 
United States fisheries and of the vessels engaged in those fisheries, 
the need to license all operators or only those working in certain types 
of fisheries or vessels, and other relevant factors.''

                  Section Referred to in Other Sections

    This section is referred to in sections 8101, 8302, 8304, 8502, 
8503, 8703, 9302, 9303 of this title; section 1295c of Appendix to this 
title; title 49 section 30305.
