[Code of Federal Regulations]

[Title 46, Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 46CFR122.210]



[Page 387-388]

 

                            TITLE 46_SHIPPING



                  (This book contains parts 90 to 139)

 

   CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)

 

PART 122_OPERATIONS--Table of Contents

 

             Subpart B_Marine Casualties and Voyage Records

 

Sec.  122.210  Alcohol or drug use by individuals directly involved in 

casualties.



    (a) For each marine casualty required to be reported by Sec.  

122.202, the owner, agent, master, or person in charge of the vessel 

shall determine whether there is any evidence of alcohol or drug use by 

individuals directly involved in the casualty.

    (b) The owner, agent, master, or person in charge of the vessel 

shall include in the written report (Form CG-2692), submitted for the 

casualty information which:

    (1) Identifies those individuals for whom evidence of drug or 

alcohol use, or evidence of intoxication, has been obtained; and

    (2) Specifies the method used to obtain such evidence, such as 

personal observation of the individual, or by chemical testing of the 

individual.

    (c) An entry must be made in the Official Logbook, if carried, 

pertaining to those individuals for whom evidence of intoxication is 

obtained. The individual must be informed of this entry and the entry 

must be witnessed by a second person.

    (d) If an individual directly involved in a casualty refuses to 

submit to, or cooperate in, the administration of a timely chemical 

test, when directed by a Coast Guard commissioned, warrant, or petty 

officer, or any other law enforcement officer authorized to obtain a 

chemical test under Federal, State, or local law, or by the owner, 

agent, master, or person in charge, this fact must be noted in the 

official Logbook, if carried, and in the written report (Form CG 2692), 

and will be admissible



[[Page 388]]



as evidence in any administrative proceeding.