2017 US Code
Title 46 - Shipping
Subtitle II - Vessels and Seamen
Part E - Merchant Seamen Licenses, Certificates, and Documents
Chapter 77 - Suspension and Revocation
Sec. 7703 - Bases for suspension or revocation

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Citation 46 U.S.C. § 7703 (2017)
Section Name §7703. Bases for suspension or revocation
Section Text

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.

Source Credit

(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.)

Editorial Notes
Historical and Revision Notes
Revised sectionSource section (U.S. Code)
7703 46:22646:23946:24046:246(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.

AMENDMENTS

2006—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. 99–36 substituted "certificate of registry," for first reference to "certificate,".

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.

Publication Title United States Code, 2012 Edition, Supplement 5, Title 46 - SHIPPING
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 46 - SHIPPING
Subtitle II - Vessels and Seamen
Part E - Merchant Seamen Licenses, Certificates, and Documents
CHAPTER 77 - SUSPENSION AND REVOCATION
Sec. 7703 - Bases for suspension or revocation
Contains section 7703
Date 2017
Laws In Effect As Of Date January 12, 2018
Positive Law Yes
Disposition standard
Statutes at Large References 97 Stat. 546
99 Stat. 68
104 Stat. 511
118 Stat. 1044
120 Stat. 564
Public Law References Public Law 98-89, Public Law 99-36, Public Law 101-380, Public Law 108-293, Public Law 109-241
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