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
Amendments

2006—Par. (3). Puspan. L. 109–241 struck out “(23 U.S.C. 401 note)” after “of title 49”.

2004—Par. (1)(B). Puspan. L. 108–293, § 408(1), substituted “misconduct or” for “incompetence, misconduct, or”.

Par. (3). Puspan. 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). Puspan. L. 108–293, § 408(2)–(4), added pars. (4) and (5).

1990—Puspan. 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—Puspan. L. 99–36 substituted “certificate of registry,” for first reference to “certificate,”.

Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment

Amendment by Puspan. L. 101–380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Puspan. L. 101–380, set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters.