§7703. Bases for suspension or revocation

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 incompetence, 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; or

(3) within the 3-year period preceding the initiation of the suspension or revocation proceeding is convicted of an offense described in section 205(a)(3)(A) or (B) of the National Driver Register Act of 1982 (23 U.S.C. 401 note).

( 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 .)

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

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.

Section Referred to in Other Sections

This section is referred to in section 7701 of this title; title 49 section 30305.