46 U.S.C. § 2304 — Duty to provide assistance at sea

Page 38 TITLE 46—SHIPPING § 2303 Statutory Notes and Related Subsidiaries 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 Jan- uary 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 assist- ance and information (a) The master or individual in charge of a ves- sel involved in a marine casualty shall— (1) render necessary assistance to each indi- vidual 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 ma- rine 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 indi- vidual acts as an ordinary, reasonable, and pru- dent individual would have acted under the cir- cumstances. (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) 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 informa- tion in a manner similar to automobile accident cases. It also includes a ‘‘Good Samaritan’’ clause that exon- erates 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 oc- curs, alcohol testing of crew members or other individuals responsible for the operation or other safety-sensitive 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 re- quire that if alcohol testing cannot be com- pleted within 2 hours of the occurrence of the casualty, such testing shall be conducted as soon thereafter as the safety concerns in sub- section (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; amended Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8505(b)(1), Jan. 1, 2021, 134 Stat. 4751.) Editorial Notes AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283 substituted ‘‘individ- uals’’ for ‘‘persons’’. § 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 Gov- ernment appropriated only to a public service. (b) A master or individual violating this sec- tion shall be fined not more than $1,000, impris- oned 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. Editorial Notes 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 oper- ation 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 (2) except for a knowing and willful viola- tion, give the person a reasonable opportunity to achieve compliance.