Encl. (3) to COMDTINST 16200.3A
3.
a.
(cont'd)
Investigations -- Investigations of marine casualties and
other marine incidents frequently reveal violations of
laws and regulations related to marine radio use and
navigation rules.
b.
Enforcement Objectives. Enforcement and education of
Navigation Rules is necessary to promote compliance for
the safety of navigation, protection of persons,
property, and the environment. Enforcement of the
Navigation Rules is also important to international and
domestic mariners as they rely on their uniformity. In
most circumstances, a violation of a Navigation Rule can
have serious consequences. Therefore, a violation of the
Navigation Rules is not to be taken lightly. Civil
penalties are one tool of enforcement of the Navigation
Rules. They can be assessed against the operator of a
vessel and in most cases against a vessel in rem.
Written warnings are another, less severe tool of
enforcement.
c.
Warnings. Warnings may be issued for incidents which
meet the following criteria:
(1)
The violation is a first offense;
(2)
The operator states that the violation will be
promptly corrected;
(3)
No more than 2 violations are involved;
(4)
The operator has had no prior written warning
within a one year period; and
(5)
There is no marine casualty or marine incident
involved, e.g., collision, grounding, loss/damage
to property or person, etc.
Note: Written Warnings can be given by the hearing
officer for any violations. With respect to the laws and
regulations discussed here, boarding officers may only
issue warnings for violation of 33 CFR 88.05 (not
carrying a copy of the Inland Rules on board).
4.
Civil Penalties.
a.
General. As discussed in paragraph 8 of this
instruction, these ranges represent recommended penalties
for first time, or simple negligent violations. The
purpose of the penalty is to make non-compliance cost
substantially more than compliance, therefore the penalty
should be more than the cost of correcting the deficiency
in most cases. The ranges are sufficiently broad to
allow a substantially lower penalty for recreational and
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