46 U.S.C. § 7107 — Duration of certificates of registry

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 Page 130 TITLE 46—SHIPPING § 7108 expired if the amendment to this section by Pub. L. 101–380 were in effect on date it was issued and was re- newed at the end of each 5-year period under this sec- tion, see section 4102(d) of Pub. L. 101–380, set out as a note under section 7106 of this title. § 7108. Termination of licenses and certificates of registry When the holder of a license or certificate of registry, the duration of which is conditioned under section 7106 or 7107 of this title, fails to hold the license required as a condition, the li- cense or certificate of registry issued under this part is terminated. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 540.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 7108 .............................................. 46:229c 46:243 Section 7108 specifies if any individual issued a li- cense or certificate of registry fails to have the re- quired FCC or appropriate State medical license, the li- cense or certificate is automatically terminated. The suspension and revocation procedures provided in chap- ter 77 are not applicable in these cases. § 7109. Review of criminal records The Secretary may review the criminal record of each holder of a license or certificate of reg- istry issued under this part who applies for re- newal of that license or certificate of registry. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 540; Pub. L. 101–380, title IV, § 4102(e)(1), Aug. 18, 1990, 104 Stat. 510.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 7109 .............................................. 46:225 46:233 Section 7109 authorizes the Secretary to renew li- censes and certificates of registry for additional 5 year periods. Editorial Notes AMENDMENTS 1990—Pub. L. 101–380 substituted ‘‘Review of criminal records’’ for ‘‘Renewal of licenses’’ in section catchline and amended text generally. Prior to amendment, text read as follows: ‘‘A license issued under this part may be renewed for additional 5-year periods.’’ 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. § 7110. Exhibiting licenses Each holder of a license issued under this part shall display, within 48 hours after employment on a vessel for which that license is required, the license in a conspicuous place on the vessel. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 541.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 7109 .............................................. 46:229f 46:232 Section 7110 requires licensed individuals to display the license in a conspicuous place on the vessel within 48 hours after they are employed. § 7111. Oral examinations for licenses An individual may take an oral examination for a license to serve on a fishing, fish proc- essing, or fish tender vessel not required to be inspected under part B of this subtitle. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 541; Pub. L. 98–364, title IV, § 402(8)(B), July 17, 1984, 98 Stat. 447; Pub. L. 99–307, § 1(10), May 19, 1986, 100 Stat. 445.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 7109 .............................................. 46:224a(2) Section 7111 provides for oral tests for licenses for in- dividuals on fishing vessels that are not required to be inspected under part B. Editorial Notes AMENDMENTS 1986—Pub. L. 99–307 substituted ‘‘part’’ for ‘‘Part’’. 1984—Pub. L. 98–364 substituted in section catchline ‘‘Oral examinations for licenses’’ for ‘‘Licenses for fish- ing vessels not subject to inspection’’ and in text ‘‘An individual may take an oral examination for a license to serve on a fishing, fish processing, or fish tender ves- sel not required to be inspected under Part B of this subtitle’’ for ‘‘Examinations for licensing individuals on fishing vessels not required to be inspected under part B of this subtitle shall be oral’’. § 7112. Licenses of masters or mates as pilots A master or mate licensed under this part who also qualifies as a pilot is not required to hold 2 licenses. Instead, the qualification of the master or mate as pilot shall be endorsed on the mas- ter’s or mate’s license. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 541.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 7112 .............................................. 46:230 Section 7112 provides for the endorsement of a mas- ter’s or mate’s license as a pilot if they meet those specifications. These individuals do not have to hold two separate licenses. § 7113. Exemption from draft A licensed master, mate, pilot, or engineer of a vessel inspected under part B of this subtitle, propelled by machinery or carrying hazardous liquid cargoes in bulk, is not liable to draft in time of war, except for performing duties au- thorized by the license. When performing those duties in the service of the United States Gov- ernment, the master, mate, pilot, or engineer is entitled to the highest rate of wages paid in the merchant marine of the United States for simi- lar services. If killed or wounded when per-