46 U.S.C. § 7106 — Duration of licenses

Page 129 TITLE 46—SHIPPING § 7107 Section 7105 requires all individuals who wish to be issued a license or certificate of registry to take an oath before a government official that they will per- form all the duties required by law according to their best skill and judgment. Editorial Notes AMENDMENTS 2010—Pub. L. 111–281 struck out ‘‘before a designated official’’ after ‘‘an oath’’. § 7106. Duration of licenses (a) IN GENERAL.—A license issued under this part is valid for a 5-year period and may be re- newed for additional 5-year periods; except that the validity of a license issued to a radio officer is conditioned on the continuous possession by the holder of a first-class or second-class radio- telegraph operator license issued by the Federal Communications Commission. (b) ADVANCE RENEWALS.—A renewed license issued under this part may be issued up to 8 months in advance but is not effective until the date that the previously issued license expires or until the completion of any active suspension or revocation of that previously issued license, whichever is later. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 540; Pub. L. 101–380, title IV, § 4102(a), Aug. 18, 1990, 104 Stat. 509; Pub. L. 111–281, title VI, § 614(b), Oct. 15, 2010, 124 Stat. 2970; Pub. L. 115–282, title V, § 510(1), Dec. 4, 2018, 132 Stat. 4274.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 7106 .............................................. 46:214(c) 46:225 46:226 46:228 46:229 46:229c Section 7106 sets a 5 year time limit on the validity of a license. It also requires a licensed radio officer to be in continuous possession of an FCC license. Editorial Notes AMENDMENTS 2018—Subsec. (b). Pub. L. 115–282 substituted ‘‘license, whichever’’ for ‘‘merchant mariner’s document, which- ever’’. 2010—Pub. L. 111–281 amended section generally. Prior to amendment, text read as follows: ‘‘A license issued under this part is valid for 5 years and may be renewed for additional 5-year periods. However, the validity of a license issued to a radio officer is conditioned on the continuous possession by the holder of a first-class or second-class radiotelegraph operator license issued by the Federal Communications Commission.’’ 1990—Pub. L. 101–380 inserted ‘‘and may be renewed for additional 5-year periods’’ after ‘‘for 5 years’’. Statutory Notes and Related Subsidiaries 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. TERMINATION OF EXISTING LICENSES, CERTIFICATES, AND DOCUMENTS; APPLICABILITY OF 1990 AMENDMENT Pub. L. 101–380, title IV, § 4102(d), Aug. 18, 1990, 104 Stat. 510, provided that: ‘‘A license, certificate of reg- istry, or merchant mariner’s document issued before the date of the enactment of this section [Aug. 18, 1990] terminates on the day it would have expired if— ‘‘(1) subsections (a), (b), and (c) [amending this sec- tion and sections 7107 and 7302 of this title] were in effect on the date it was issued; and ‘‘(2) it was renewed at the end of each 5-year period under section 7106, 7107, or 7302 of title 46, United States Code.’’ § 7107. Duration of certificates of registry (a) IN GENERAL.—A certificate of registry issued under this part is valid for a 5-year period and may be renewed for additional 5-year peri- ods; except that the validity of a certificate issued to a medical doctor or professional nurse is conditioned on the continuous possession by the holder of a license as a medical doctor or registered nurse, respectively, issued by a State. (b) ADVANCE RENEWALS.—A renewed certifi- cate of registry issued under this part may be issued up to 8 months in advance but is not ef- fective until the date that the previously issued certificate of registry expires or until the com- pletion of any active suspension or revocation of that previously issued certificate of registry, whichever is later. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 540; Pub. L. 101–380, title IV, § 4102(b), Aug. 18, 1990, 104 Stat. 509; Pub. L. 111–281, title VI, § 614(c), Oct. 15, 2010, 124 Stat. 2971; Pub. L. 115–282, title V, § 510(2), Dec. 4, 2018, 132 Stat. 4274.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 7107 .............................................. 46:243 Section 7107 specifies that there is no time limit on the validity of a certificate of registry issued to a med- ical doctor or a professional nurse but is conditioned on the continuous possession of the appropriate license issued by a State. Editorial Notes AMENDMENTS 2018—Subsec. (b). Pub. L. 115–282 substituted ‘‘certifi- cate of registry, whichever’’ for ‘‘merchant mariner’s document, whichever’’. 2010—Pub. L. 111–281 amended section generally. Prior to amendment, text read as follows: ‘‘A certificate of registry issued under this part is valid for 5 years and may be renewed for additional 5-year periods. However, the validity of a certificate issued to a medical doctor or professional nurse is conditioned on the continuous possession by the holder of a license as a medical doc- tor or registered nurse, respectively, issued by a State.’’ 1990—Pub. L. 101–380 substituted ‘‘is valid for 5 years and may be renewed for additional 5-year periods’’ for ‘‘is not limited in duration’’. Statutory Notes and Related Subsidiaries 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. TERMINATION OF EXISTING LICENSES, CERTIFICATES, AND DOCUMENTS; APPLICABILITY OF 1990 AMENDMENT For provisions that a certificate of registry issued be- fore Aug. 18, 1990, terminates on the day it would have