§2302. Penalties for negligent operations

(a) A person operating a vessel in a negligent manner that endangers the life, limb, or property of a person is liable to the United States Government for a civil penalty of not more than $1,000.

(b) A person operating a vessel in a grossly negligent manner that endangers the life, limb, or property of a person commits a class A misdemeanor.

(c) An individual who is under the influence of alcohol, or a dangerous drug in violation of a law of the United States when operating a vessel, as determined under standards prescribed by the Secretary by regulation-

(1) is liable to the United States Government for a civil penalty of not more than $1,000 for a first violation and not more than $5,000 for a subsequent violation; or

(2) commits a class A misdemeanor.

(d) For a penalty imposed under this section, the vessel also is liable in rem unless the vessel is-

(1) owned by a State or a political subdivision of a State;

(2) operated principally for governmental purposes; and

(3) identified clearly as a vessel of that State or subdivision.

( Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 508 ; Pub. L. 98–557, §7(a), Oct. 30, 1984, 98 Stat. 2862 ; Pub. L. 101–380, title IV, §§4105(b)(2), 4302(a), Aug. 18, 1990, 104 Stat. 513 , 537; Pub. L. 102–587, title V, §5102, Nov. 4, 1992, 106 Stat. 5071 .)

Section 2302 states that the negligent operation of a vessel is prohibited. These acts are subject to civil and criminal penalties and the involved vessel is subject to an in rem action. The negligent operation provisions have their genesis in the Act of April 25, 1940, 54 Stat. 167, when Congress prescribed that no person shall operate any motorboat or any vessel in a reckless or negligent manner. This provision was directed at all vessels and not those solely engaged in recreational boating. When the Federal Boat Safety Act of 1971, P.L. 92–75, 85 Stat. 217 (46 U.S.C. 1461) was enacted it adopted the reckless or negligent operation provisions of the 1940 Act. It adopted for the first time a provision for assessing civil penalties in addition to criminal penalties. It dropped the word "reckless" because of redundancy. It also combined the two classes of vessels; "any motorboat or any vessel" into one class by using the word "vessel" and defined vessel as including every description of watercraft.

Amendments

1992-Subsec. (c)(1). Pub. L. 102–587 substituted "$1,000 for a first violation and not more than $5,000 for a subsequent violation" for "$1,000".

1990-Subsec. (b). Pub. L. 101–380, §4302(a)(1), substituted "commits a class A misdemeanor" for "shall be fined not more than $5,000, imprisoned for not more than one year, or both".

Subsec. (c). Pub. L. 101–380, §§4105(b)(2), 4302(a)(2)(A), substituted "under the influence of alcohol, or a dangerous drug in violation of a law of the United States" for "intoxicated" and struck out ", shall be" after "by the Secretary by regulation".

Subsec. (c)(1). Pub. L. 101–380, §4302(a)(2)(B), substituted "is liable" for "liable".

Subsec. (c)(2). Pub. L. 101–380, §4302(a)(2)(C), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "fined not more than $5,000, imprisoned for not more than one year, or both."

1984-Subsecs. (c), (d). Pub. L. 98–557 added subsec. (c) and redesignated former subsec. (c) as (d).

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.