[Code of Federal Regulations]
[Title 46, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 46CFR5.201]

[Page 58-59]
 
                           TITLE 46--SHIPPING
 
         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY
 
PART 5--MARINE INVESTIGATION REGULATIONS--PERSONNEL ACTION--Table of Contents
 
   Subpart E--Deposit or Surrender of License, Certificate or Document
 
Sec. 5.201  Voluntary deposits in event of mental or physical incompetence.


    (a) A holder may deposit a license, certificate, or document with 
the Coast Guard in any case where there is evidence of mental or 
physical incompetence. A voluntary deposit is accepted on the basis of a 
written agreement, the original of which will be given to the holder, 
which specifies the conditions upon which the Coast Guard will return 
the license, certificate, or document to the holder.
    (b) Where the mental or physical incompetence of a holder of a 
license, certificate, or document is caused by use of or addiction to 
dangerous drugs, a voluntary deposit will only be accepted contingent on 
the following circumstances:
    (1) The holder is enrolled in a bona fide drug abuse rehabilitation 
program;
    (2) The holder's incompetence did not cause or contribute to a 
marine casualty,
    (3) The incompetence was reported to the Coast Guard by the 
individual or any other person and was not discovered as a result of a 
Federal, State or local government investigation; and
    (4) The holder has not voluntarily deposited or surrendered a 
license, certificate, or document, or had a license, certificate, or 
document revoked for a drug related offense on a prior occasion.
    (c) Where the mental or physical incompetence of a holder of a 
license, certificate, or document is caused by use or addiction to 
alcohol, a voluntary deposit will only be accepted contingent on the 
following circumstances:
    (1) The holder is enrolled in a bona fide alcohol abuse 
rehabilitation program;
    (2) The holder's incompetence did not cause or contribute to a 
marine casualty; and
    (3) The incompetence was reported to the Coast Guard by the 
individual or any other person and was not discovered as a result of a 
Federal, State, or local government investigation.
    (d) Where the conditions of paragraphs (b) and (c) of this section 
are not met, the holder may only surrender

[[Page 59]]

such license, certificate, or document in accordance with Sec. 5.203.

[CGD 84-099, 52 FR 47535, Dec. 14, 1987]