1625-0048 Stat/Authority

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§ 2306

TITLE 46—SHIPPING

(1) render necessary assistance to each individual affected to save that affected individual
from danger caused by the marine casualty, so
far as the master or individual in charge can
do so without serious danger to the master’s
or individual’s vessel or to individuals on
board; and
(2) give the master’s or individual’s name
and address and identification of the vessel to
the master or individual in charge of any
other vessel involved in the casualty, to any
individual injured, and to the owner of any
property damaged.
(b) An individual violating this section or a
regulation prescribed under this section shall be
fined not more than $1,000 or imprisoned for not
more than 2 years. The vessel also is liable in
rem to the United States Government for the
fine.
(c) An individual complying with subsection
(a) of this section or gratuitously and in good
faith rendering assistance at the scene of a marine casualty without objection by an individual
assisted, is not liable for damages as a result of
rendering assistance or for an act or omission in
providing or arranging salvage, towage, medical
treatment, or other assistance when the individual acts as an ordinary, reasonable, and prudent
individual would have acted under the circumstances.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 509.)
HISTORICAL AND REVISION NOTES
Revised section
2303(a) .........................................
2303(b) .........................................
2303(c) .........................................

Source section (U.S. Code)
33:367
46:1465(a)
33:368
46:1465(b)

Section 2303 requires a master or anyone in charge of
a vessel to provide assistance and render aid to those
involved in a marine casualty and to exchange information in a manner similar to automobile accident cases.
It also includes a ‘‘Good Samaritan’’ clause that exonerates anyone from liability when rendering assistance
in an ordinary, reasonable, or prudent manner.

§ 2303a. Post serious marine casualty alcohol
testing
(a) The Secretary shall establish procedures to
ensure that after a serious marine casualty occurs, alcohol testing of crew members or other
persons responsible for the operation or other
safety-sensitive functions of the vessel or vessels involved in such casualty is conducted no
later than 2 hours after the casualty occurs, unless such testing cannot be completed within
that time due to safety concerns directly related
to the casualty.
(b) The procedures in subsection (a) shall require that if alcohol testing cannot be completed within 2 hours of the occurrence of the
casualty, such testing shall be conducted as
soon thereafter as the safety concerns in subsection (a) have been adequately addressed to
permit such testing, except that such testing
may not be required more than 8 hours after the
casualty occurs.
(Added Pub. L. 105–383, title III, § 304(d)(1), Nov.
13, 1998, 112 Stat. 3419.)

§ 2304. Duty to provide assistance at sea
(a)(1) A master or individual in charge of a
vessel shall render assistance to any individual
found at sea in danger of being lost, so far as the
master or individual in charge can do so without
serious danger to the master’s or individual’s
vessel or individuals on board.
(2) Paragraph (1) does not apply to a vessel of
war or a vessel owned by the United States Government appropriated only to a public service.
(b) A master or individual violating this section shall be fined not more than $1,000, imprisoned for not more than 2 years, or both.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 509; Pub. L.
109–304, § 15(8), Oct. 6, 2006, 120 Stat. 1703.)
HISTORICAL AND REVISION NOTES
Revised section

Source section (U.S. Code)

2304 ..............................................

46:728

Section 2304 requires a master or individual in charge
of a vessel to render assistance to those in danger at
sea if able to do so without seriously endangering the
vessel or crew.
AMENDMENTS
2006—Subsec. (a). Pub. L. 109–304 designated existing
provisions as par. (1) and added par. (2).

§ 2305. Injunctions
(a) The district courts of the United States
have jurisdiction to enjoin the negligent operation of vessels prohibited by this chapter on
the petition of the Attorney General for the
United States Government.
(b) When practicable, the Secretary shall—
(1) give notice to any person against whom
an action for injunctive relief is considered
under this section an opportunity to present
that person’s views; and
(2) except for a knowing and willful violation, give the person a reasonable opportunity
to achieve compliance.
(c) The failure to give notice and opportunity
to present views under subsection (b) of this section does not preclude the court from granting
appropriate relief.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 509.)
HISTORICAL AND REVISION NOTES
Revised section
2305 ..............................................

Source section (U.S. Code)
46:1485

Section 2305 provides injunctive authority to enjoin
the negligent operation of vessels. This authority can
also be used to enjoin the operation of foreign or domestic vessels on our waters when they are unsuitable
for the voyage intended.

§ 2306. Vessel reporting requirements
(a)(1) An owner, charterer, managing operator,
or agent of a vessel of the United States, having
reason to believe (because of lack of communication with or nonappearance of a vessel or
any other incident) that the vessel may have
been lost or imperiled, immediately shall—
(A) notify the Coast Guard; and
(B) use all available means to determine the
status of the vessel.

§ 2307

TITLE 46—SHIPPING

(2) When more than 48 hours have passed since
the owner, charterer, managing operator, or
agent of a vessel required to report to the
United States Flag Merchant Vessel Location
Filing System under authority of section 50113
of this title has received a communication from
the vessel, the owner, charterer, managing operator, or agent immediately shall—
(A) notify the Coast Guard; and
(B) use all available means to determine the
status of the vessel.
(3) A person notifying the Coast Guard under
paragraph (1) or (2) of this subsection shall provide the name and identification number of the
vessel, the names of individuals on board, and
other information that may be requested by the
Coast Guard. The owner, charterer, managing
operator, or agent also shall submit written confirmation to the Coast Guard within 24 hours
after nonwritten notification to the Coast Guard
under those paragraphs.
(4) An owner, charterer, managing operator, or
agent violating this subsection is liable to the
United States Government for a civil penalty of
not more than $5,000 for each day during which
the violation occurs.
(b)(1) The master of a vessel of the United
States required to report to the System shall report to the owner, charterer, managing operator, or agent at least once every 48 hours.
(2) A master violating this subsection is liable
to the Government for a civil penalty of not
more than $1,000 for each day during which the
violation occurs.
(c) The Secretary may prescribe regulations to
carry out this section.
(Added Pub. L. 98–498, title II, § 212(a)(3), Oct. 19,
1984, 98 Stat. 2305; amended Pub. L. 109–304,
§ 15(9), Oct. 6, 2006, 120 Stat. 1703.)
AMENDMENTS
2006—Subsec. (a)(2). Pub. L. 109–304 substituted ‘‘section 50113 of this title’’ for ‘‘section 212(A) of the Merchant Marine Act, 1936 (46 App. U.S.C. 1122a),’’.

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for damages caused by or related to such assistance unless the acts or omissions of such pilot
constitute gross negligence or willful misconduct.
(Added Pub. L. 107–295, title IV, § 431(a), Nov. 25,
2002, 116 Stat. 2128.)
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

PART B—INSPECTION AND REGULATION OF
VESSELS
HISTORICAL AND REVISION NOTES
Part B provides authority and responsibility for the
inspection and regulation of vessels by the Coast
Guard. This part specifies those vessels subject to inspection, those that are specifically exempt from inspection, and related inspection requirements and procedures. Due to the need for special requirements for
the inspection and regulation of passenger vessels and
those vessels carrying liquid bulk dangerous cargoes
separate chapters have been developed. Additional
chapters provide for recreational vessels and those
other vessels that are regulated but are not subject to
inspection and certification by the Coast Guard. It
should also be noted that the United States is signatory to a number of international treaties on maritime
safety and seamen’s welfare, such as the various Safety
of Life at Sea (SOLAS) treaties, and that their provisions and requirements are part of United States maritime law and in many cases are quite extensive.

CHAPTER 31—GENERAL
Sec.

3101.
3102.
3103.
3104.

Authority to suspend inspection.
Immersion suits.
Use of reports, documents, and records.
Survival craft.

EFFECTIVE DATE

AMENDMENTS

Pub. L. 98–498, title II, § 214, Oct. 19, 1984, 98 Stat. 2306,
provided that: ‘‘Sections 211(a) and 212 of this subtitle
[enacting this section and amending sections 2302, 3309,
6101, and 6103 of this title] are effective one hundred
and eighty days after the date of enactment of this Act
[Oct. 19, 1984].’’

2010—Pub. L. 111–281, title VI, § 609(b), Oct. 15, 2010, 124
Stat. 2968, added item 3104.
1996—Pub. L. 104–324, title VI, § 603(b), Oct. 19, 1996, 110
Stat. 3930, added item 3103.
1988—Pub. L. 100–424, § 8(a)(3), Sept. 9, 1988, 102 Stat.
1593, substituted ‘‘Immersion’’ for ‘‘Exposure’’ in item
3102.
1985—Pub. L. 99–36, § 2, May 15, 1985, 99 Stat. 68, repealed section 22 of Pub. L. 98–557 and the amendments
made by that section, which added first identical item
3102, effective Nov. 8, 1984, thereby leaving Pub. L.
98–623 as the sole authority for the addition of item
3102. See 1984 Amendment note below.
1984—Pub. L. 98–557, § 22(a)(2), Oct. 30, 1984, 98 Stat.
2871, and Pub. L. 98–623, title VII, § 701(a)(2), Nov. 8, 1984,
98 Stat. 3413, added identical item 3102. See 1985 Amendment note above.

TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

§ 2307. Limitation of liability for Coast Guard
Vessel Traffic Service pilots
Any pilot, acting in the course and scope of his
or her duties while at a United States Coast
Guard Vessel Traffic Service, who provides information, advice, or communication assistance
while under the supervision of a Coast Guard officer, member, or employee shall not be liable

§ 3101. Authority to suspend inspection
When the President decides that the needs of
foreign commerce require, the President may
suspend a provision of this part for a foreignbuilt vessel registered as a vessel of the United
States on conditions the President may specify.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 510.)