46 U.S.C. § 7703
Section 7703 · Bases for suspension or revocation
Amended 5 times on record
Applied in 11 court decisions — leading case Exxon Shipping Company v. Exxon Seamen's Union (1993)
Most recently applied in 570 F. App'x 649 - Eric Shine v. United States (April 2014)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
A license, certificate of registry, or merchant mariner's document issued by the Secretary may be suspended or revoked if the holder—
(1) when acting under the authority of that license, certificate, or document—
(A) has violated or fails to comply with this subtitle, a regulation prescribed under this subtitle, or any other law or regulation intended to promote marine safety or to protect navigable waters; or
(B) has committed an act of misconduct or negligence;
(2) is convicted of an offense that would prevent the issuance or renewal of a license, certificate of registry, or merchant mariner's document;
(3) within the 3-year period preceding the initiation of the suspension or revocation proceeding is convicted of an offense described in section 30304(a)(3)(A) or (B) of title 49;
(4) has committed an act of incompetence relating to the operation of a vessel; or
(5) is a security risk that poses a threat to the safety or security of a vessel or a public or commercial structure located within or adjacent to the marine environment.
Editorial notes U.S. Code · Office of the Law Revision Counsel
46:23946:24046:246(c) This section provides the bases for suspension and revocation of a license, certificate or document. The individual must have been operating under the authority of the required license, certificate, or document and has violated a law or regulation intended to promote marine safety or to protect the navigable waters or has committed an act of incompetence, misconduct, or negligence.
Amendments
2006—Par. (3). Pub. L. 109–241 struck out “(23 U.S.C. 401 note)” after “of title 49”.
2004—Par. (1)(B). Pub. L. 108–293, §408(1), substituted “misconduct or” for “incompetence, misconduct, or”.
Par. (3). Pub. L. 108–293, §609(3), substituted “section 30304(a)(3)(A) or (B) of title 49” for “section 205(a)(3)(A) or (B) of the National Driver Register Act of 1982”.
Pars. (4), (5). Pub. L. 108–293, §408(2)–(4), added pars. (4) and (5).
1990—Pub. L. 101–380 amended section generally. Prior to amendment, section read as follows: “A license, certificate of registry, or merchant mariner's document issued by the Secretary may be suspended or revoked if, when acting under the authority of that license, certificate, or document, the holder—
“(1) has violated or failed to comply with this subtitle, a regulation prescribed under this subtitle, or any other law or regulation intended to promote marine safety or to protect navigable waters.
“(2) has committed an act of incompetence, misconduct, or negligence.”
1985—Pub. L. 99–36 substituted “certificate of registry,” for first reference to “certificate,”.
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.