[Code of Federal Regulations]

[Title 33, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR1.08-5]



[Page 22-23]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY

 

PART 1_GENERAL PROVISIONS--Table of Contents

 

     Subpart 1.08_Written Warnings by Coast Guard Boarding Officers

 

Sec. 1.08-5  Procedures.



    (a) A written warning may be issued where the boarding officer 

determines that:

    (1) The observed violation is a first offense; and

    (2) The operator states that the violation will be promptly 

corrected.

    (b) A written warning may not be issued where:

    (1) The operator is required to be licensed;

    (2) The violation is a failure to have required safety equipment on 

board; or

    (3) The boarding officer notes three or more violations during one 

boarding.

    (c) Each district office maintains a record of each written warning 

issued within that district for a period of not more than one year after 

date of issue except in cases involving violations of 33 CFR part 159 

marine sanitation devices, records of which are maintained by each 

district office for not more than three years after date of issue.

    (d) The district commander of the district in which the warning is 

issued may rescind a written warning and institute civil penalty action 

under Sec. 1.07-9 of this part if a record check discloses a prior 

written warning or violation issued within one year or in the case of a 

violation of 33 CFR part 159 a prior written warning or violation issued 

within three years.

    (e) Within 15 days after the date of issue, any person issued a 

written warning by a Coast Guard boarding officer may appeal the 

issuance of the warning to the district commander by providing in 

writing or in person any information that denies, explains, or mitigates 

the violations noted in the warning.

    (f) Each written warning shall indicate that:

    (1) The warning is kept on file for a period of not more than one 

year after date of issue or in the case of a violation of 33 CFR part 

159 a period of not more than three years for reference in determining 

appropriate penalty action if there is a subsequent violation;

    (2) If a record check reveals a prior written warning or violation 

within the time period designated in Sec. 1.08-5(d) of this part, the 

warning may be revoked and civil penalty action instituted;

    (3) If an additional violation occurs within the time period 

designated in Sec. 1.08-5(d) the warning may be used as a basis for the 

assessment of a higher



[[Page 23]]



penalty for the subsequent violation; and

    (4) Within 15 days after the date of issue, the person who is issued 

the warning may appeal to the District Commander by providing in writing 

or in person any information or material that denies, explains, or 

mitigates the violations noted in the warning.



(14 U.S.C. 633; 85 Stat. 228 (46 U.S.C. 1488); 86 Stat. 871 (33 U.S.C. 

1322); 49 CFR 1.46 (b), (m), and (n)(1))



[CGD 74-155, 41 FR 17894, Apr. 29, 1976, as amended by CGD 77-182, 43 FR 

22657, May 25, 1978]