Us Code § 4308 - Termination of unsafe operation
Full text of Us Code United States Code § 4308 — Termination of unsafe operation, with citation guidance and answers to common questions.
§ 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, §1(9), May 19, 1986, 100 Stat. 445.)
| 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.
Editorial Notes
Amendments
1986—Pub. L. 99–307 substituted "individual in charge" for "operator" in two places.
About This Section
46 U.S.C. § 4308 is part of Title 46 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
This section may be cited in legal writing as 46 U.S.C. § 4308. For the most current official text, including any recent amendments, use the official source links below. Do not rely on this page as the sole authority for legal citation or litigation.
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