---
kind: "section"
citation: "33 C.F.R. § 20.1201"
title: "33"
number: "20.1201"
heading: "Application."
url: "https://uscodex.org/cfr/33/20.1201"
---

# §20.1201. Application.

- (a) This subpart applies whenever the Coast Guard suspends a mariner's credential without a hearing under [46 U.S.C. 7702(d)](/usc/46/7702.md?p=d).
- (b) The Coast Guard may, for 45 days or less, suspend and seize a merchant mariner credential, license, certificate, or document if, when acting under the authority of the license, certificate, or document,—
  - (1) A mariner performs a safety-sensitive function on a vessel; and
  - (2) **There is probable cause to believe that he or she—**
    - (i) Has performed the safety-sensitive function in violation of law or Federal regulation regarding use of alcohol or a dangerous drug;
    - (ii) Has been convicted of an offense that would prevent the issuance or renewal of the merchant mariner credential, license, certificate, or document; or,
    - (iii) Three years or less before the start of an S&R proceeding, has been convicted of an offense described in subparagraph 205(a)(3)(A) or (B) of the National Driver Register Act of 1982 ([23 U.S.C. 401](/usc/23/401.md), note).

## Notes

### Amendments

[CGD 98-3472, 64 FR 28062, May 24, 1999, as amended by USCG-2006-24371, 74 FR 11211, Mar. 16, 2009]

### Authority

Authority: 33 U.S.C. 1321; 42 U.S.C. 9609; 46 U.S.C. 7701, 7702; Department of Homeland Security Delegation No. 0170.1, para. 2(73).

### Source

Source: CGD 98-3472, 64 FR 28062, May 24, 1999, unless otherwise noted.

### Amendments

[CGD 98-3472, 64 FR 28062, May 24, 1999, as amended by USCG-2006-24371, 74 FR 11211, Mar. 16, 2009]