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Shipping - 46 USC Section 3313

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01/19/04


Sec. 3313. Compliance with certificate of inspection


(a) During the term of a vessel's certificate of inspection, the
vessel must be in compliance with its conditions, unless relieved
by a suspension or an exemption granted under section 3306(e) of
this title.
(b) When a vessel is not in compliance with its certificate or
fails to meet a standard prescribed by this part or a regulation
prescribed under this part -
(1) the owner, charterer, managing operator, agent, master, or
individual in charge shall be ordered in writing to correct the
noted deficiencies promptly;
(2) the Secretary may permit any repairs to be made at a place
most convenient to the owner, charterer, or managing operator
when the Secretary decides the repairs can be made with safety to
those on board and the vessel;
(3) the vessel may be required to cease operating at once; and
(4) if necessary, the certificate shall be suspended or
revoked.
(c) The vessel's certificate of inspection shall be revoked if a
condition unsafe to life that is ordered to be corrected under this
section is not corrected at once.
(d) The owner, charterer, managing operator, agent, master, or
individual in charge of a vessel whose certificate has been
suspended or revoked shall be given written notice immediately of
the suspension or revocation. The owner or master may appeal to the
Secretary the suspension or revocation within 30 days of receiving
the notice, as provided by regulations prescribed by the Secretary.

HISTORICAL AND REVISION NOTES
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Revised section Source section (U.S. Code)
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3313 46:390c
46:391a(8)
46:435
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Section 3313 requires a vessel to be maintained in a condition so
as to always be in compliance with the applicable laws and
regulations. Here the master, owner, or other responsible party is
required to maintain the vessel to inspection standards and to
correct all deficiencies observed. When a vessel is not in
compliance with its certificate the responsible parties shall be
ordered in writing to correct the deficiencies promptly. The
section provides flexibility as to when and where these
deficiencies may be corrected consistent with the safety of the
vessel and crew. The section provides authority to require the
vessel to cease operating or, if necessary, to suspend or revoke
its certificate of inspection when found not to be in compliance
with its certificate or regulations. The owner or master, or other
responsible party must be given written notice and may appeal this
action within 30 days of receiving the notice.

Last modified: April 20, 2006