---
kind: "section"
citation: "46 C.F.R. § 5.101"
title: "46"
number: "5.101"
heading: "Conduct of investigations."
url: "https://uscodex.org/cfr/46/5.101"
---

# §5.101. Conduct of investigations.

- (a) Investigations may be initiated in any case in which it appears that there are reasonable grounds to believe that the holder of a credential or endorsement issued by the Coast Guard may have:
  - (1) Committed an act of incompetency, misconduct, or negligence while acting under the authority of a credential or endorsement;
  - (2) Violated or failed to comply with subtitle II of [title 46](/cfr/46.md), U.S.C., a regulation prescribed under this subtitle, or any other law or regulations intended to promote marine safety or to protect the navigable waters, while acting under the authority of a credential or endorsement;
  - (3) Been convicted of a dangerous drug law violation, or has been a user of, or addicted to the use of, a dangerous drug, so as to be subject to the provisions of [46 U.S.C. 7704](/usc/46/7704.md).
- (b) In order to promote full disclosure and facilitate determinations as to the cause of marine casualties, no admission made by a person during an investigation under this part or [part 4 of this title](/cfr/46/part4.md) may be used against that person in a proceeding under this part, except for impeachment.

## Notes

### Amendments

[CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by USCG-2006-24371, 74 FR 11215, Mar. 16, 2009]

### Authority

Authority: 46 U.S.C. 2103, 7101, 7301, 7701; DHS Delegation 00170.1, Revision No. 01.2.

### Source

Source: CGD 82-002, 50 FR 32184, Aug. 9, 1985, unless otherwise noted.

### Amendments

[CGD 82-002, 50 FR 32184, Aug. 9, 1985, as amended by USCG-2006-24371, 74 FR 11215, Mar. 16, 2009]