§ 2302. Penalties for negligent operations and interfering with safe operation
1,143 words·~5 min read·
/usc/title-46/section-2302A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)A person operating a vessel in a negligent manner or interfering with the safe operation of a vessel, so as to endanger the life, limb, or property of a person is liable to the United States Government for a civil penalty of not more than $5,000 in the case of a recreational vessel, or $25,000 in the case of any other vessel.
(b)Grossly Negligent Operation.—
(1)Misdemeanor.— 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.
(2)Felony.— A person operating a vessel in a grossly negligent manner that results in serious bodily injury, as defined in section 1365(h)(3) of title 18—
(A)commits a class E felony; and
(B)may be assessed a civil penalty of not more than $35,000.
(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 $5,000; 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.
(1)A vessel may not transport Government-impelled cargoes if—
(A)the vessel has been detained and determined to be substandard by the Secretary for violation of an international safety convention to which the United States is a party, and the Secretary has published notice of that detention and determination in an electronic form, including the name of the owner of the vessel; or
(B)the operator of the vessel has on more than one occasion had a vessel detained and determined to be substandard by the Secretary for violation of an international safety convention to which the United States is a party, and the Secretary has published notice of that detention and determination in an electronic form, including the name of the owner of the vessel.
(2)The prohibition in paragraph
(1)expires for a vessel on the earlier of—
(A)1 year after the date of the publication in electronic form on which the prohibition is based; or
(B)any date on which the owner or operator of the vessel prevails in an appeal of the violation of the relevant international convention on which the detention is based.
(3)As used in this subsection, the term “Government-impelled cargo” means cargo for which a Federal agency contracts directly for shipping by water or for which (or the freight of which) a Federal agency provides financing, including financing by grant, loan, or loan guarantee, resulting in shipment of the cargo by water.
(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; Pub. L. 105–383, title III, §§ 302(a), 304(c), title IV, § 408(a), Nov. 13, 1998, 112 Stat. 3417, 3419, 3430; Pub. L. 107–295, title III, § 325, Nov. 25, 2002, 116 Stat. 2105; Pub. L. 119–60, div. G, title LXXIII, § 7311, Dec. 18, 2025, 139 Stat. 1759.)
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.
Connections102 cite this · traces to 2
Cited by 102 sections · top 42
register
- NoticesFinal rule
- UnknownFinal rule
- NoticesSemiannual regulatory agenda
- Rules and RegulationsUnified agenda of Federal regulatory and deregulatory actions (regulatory agenda)
- NoticesSemiannual regulatory agenda
- NoticesFinal rule
- Rules and RegulationsFinal rule
- Rules and RegulationsFinal rule
- NoticesNotice of proposed policy clarification and request for comments
- NoticesFinal rule
- Rules and RegulationsFinal rule
- NoticesSupplemental notice of proposed rulemaking
- UnknownFinal rule
- UnknownFinal rule
- Rules and RegulationsFinal rule
- NoticesNotice of proposed rulemaking
- Proposed RulesNotice of proposed rulemaking
- Rules and RegulationsFinal rule
- Rules and RegulationsSemiannual regulatory agenda
- NoticesSemiannual regulatory agenda
- Proposed RulesFinal rule
- Rules and RegulationsCorrecting amendments
- NoticesSemiannual regulatory agenda
- NoticesFinal rule; technical amendment
- Rules and RegulationsInterim final rule with request for comments
- UnknownFinal rule
- Rules and RegulationsFinal rule
- Rules and RegulationsSemiannual regulatory agenda
- Rules and RegulationsSemiannual regulatory agenda
- Rules and RegulationsFinal rule
- NoticesSemiannual regulatory agenda
- UnknownFinal rule
- NoticesSemiannual Regulatory Agenda
- UnknownFinal rule
- Rules and RegulationsRepublication
- Rules and RegulationsIntroduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions
- NoticesFinal rule
- Proposed RulesNotice of proposed rulemaking
- Rules and RegulationsFinal rule
Traces to 2 documents
33 references not yet in our index
- Pub. L. 98–89
- 97 Stat. 508
- Pub. L. 98–557, § 7(a)
- 98 Stat. 2862
- Pub. L. 101–380, title IV
- 104 Stat. 513
- Pub. L. 102–587, title V, § 5102
- 106 Stat. 5071
- Pub. L. 105–383, title III
- 112 Stat. 3417
- Pub. L. 107–295, title III, § 325
- 116 Stat. 2105
- Pub. L. 119–60, div. G, title LXXIII, § 7311
- 139 Stat. 1759
- 54 Stat. 167
- P.L. 92–75
- 85 Stat. 217
- 46 U.S.C. 1461
- Pub. L. 119–60
- Pub. L. 107–295
- Pub. L. 105–383, § 302(a)(1)
- Pub. L. 105–383, § 302(a)(2)
- Pub. L. 105–383, § 304(c)
- Pub. L. 105–383, § 408(a)
- Pub. L. 102–587
- Pub. L. 101–380, § 4302(a)(1)
- Pub. L. 101–380
- Pub. L. 101–380, § 4302(a)(2)(B)
- Pub. L. 101–380, § 4302(a)(2)(C)
- Pub. L. 98–557
- Pub. L. 105–383, title IV, § 408(b)
- 112 Stat. 3431
- section 1020 of Pub. L. 101–380
Citation graph
cites case law
§ 2302
Penalties for negligent operations and interfering with safe operation
Fed. Reg.×97
C.F.R.×4
Stat.×1
Pub. L.Pub. L. 98–89
Stat.97 Stat. 508
Pub. L.Pub. L. 98–557, § 7(a)
Stat.98 Stat. 2862
Pub. L.Pub. L. 101–380, title IV
Cites 35 · showing 7Cited by 102 across 3 sources