1625-0001 Stat/Authority

§ 2303

TITLE 46—SHIPPING

Subsec. (e). Pub. L. 105–383, § 408(a), added subsec. (e).
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 1998 Amendment
Pub. L. 105–383, title IV, § 408(b), Nov. 13, 1998, 112 Stat.
3431, provided that: “The amendment made by subsection (a) [amending this section] takes effect January 1,
1999.”
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.

§ 2303. Duties related to marine casualty assistance and information
(a) The master or individual in charge of a vessel involved in a marine casualty shall—
(1) render necessary assistance to each individual affected to save that affected individual
from danger caused by the marine casualty, so
far as the master or individual in charge can do
so without serious danger to the master’s or individual’s vessel or to individuals on board; and
(2) give the master’s or individual’s name and
address and identification of the vessel to the
master or individual in charge of any other vessel involved in the casualty, to any individual
injured, and to the owner of any property damaged.
(b) An individual violating this section or a regulation prescribed under this section shall be fined
not more than $1,000 or imprisoned for not more
than 2 years. The vessel also is liable in rem to
the United States Government for the fine.
(c) An individual complying with subsection (a)
of this section or gratuitously and in good faith
rendering assistance at the scene of a marine casualty without objection by an individual assisted,
is not liable for damages as a result of rendering
assistance or for an act or omission in providing
or arranging salvage, towage, medical treatment,
or other assistance when the individual acts as an
ordinary, reasonable, and prudent individual would
have acted under the circumstances.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 509.)
Historical and Revision Notes
Revised section

Source section (U.S. Code)

2303(a) ................................. 33:367
46:1465(a)
2303(b) ................................. 33:368
2303(c) .................................. 46:1465(b)

Page 492

Section 2303 requires a master or anyone in charge of
a vessel to provide assistance and render aid to those
involved in a marine casualty and to exchange information in a manner similar to automobile accident cases. It
also includes a “Good Samaritan” clause that exonerates
anyone from liability when rendering assistance in an
ordinary, reasonable, or prudent manner.

§ 2303a. Post serious marine casualty alcohol testing
(a) The Secretary shall establish procedures to
ensure that after a serious marine casualty occurs, alcohol testing of crew members or other
persons responsible for the operation or other safetysensitive functions of the vessel or vessels involved
in such casualty is conducted no later than 2 hours
after the casualty occurs, unless such testing cannot be completed within that time due to safety
concerns directly related to the casualty.
(b) The procedures in subsection (a) shall require that if alcohol testing cannot be completed
within 2 hours of the occurrence of the casualty,
such testing shall be conducted as soon thereafter as the safety concerns in subsection (a) have
been adequately addressed to permit such testing, except that such testing may not be required
more than 8 hours after the casualty occurs.
(Added Pub. L. 105–383, title III, § 304(d)(1), Nov. 13,
1998, 112 Stat. 3419.)
§ 2304. Duty to provide assistance at sea
(a)(1) A master or individual in charge of a vessel shall render assistance to any individual found
at sea in danger of being lost, so far as the master or individual in charge can do so without serious danger to the master’s or individual’s vessel
or individuals on board.
(2) Paragraph (1) does not apply to a vessel of
war or a vessel owned by the United States Government appropriated only to a public service.
(b) A master or individual violating this section
shall be fined not more than $1,000, imprisoned
for not more than 2 years, or both.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 509; Pub. L.
109–304, § 15(8), Oct. 6, 2006, 120 Stat. 1703.)
Historical and Revision Notes
Revised section

Source section (U.S. Code)

2304 ..................................... 46:728

Section 2304 requires a master or individual in charge
of a vessel to render assistance to those in danger at sea
if able to do so without seriously endangering the vessel
or crew.
Amendments
2006—Subsec. (a). Pub. L. 109–304 designated existing
provisions as par. (1) and added par. (2).

§ 2305. Injunctions
(a) The district courts of the United States have
jurisdiction to enjoin the negligent operation of
vessels prohibited by this chapter on the petition
of the Attorney General for the United States Government.
(b) When practicable, the Secretary shall—
(1) give notice to any person against whom an
action for injunctive relief is considered under
this section an opportunity to present that person’s views; and