---
kind: "section"
citation: "46 C.F.R. § 5.201"
title: "46"
number: "5.201"
heading: "Voluntary deposits in event of mental or physical incompetence."
url: "https://uscodex.org/cfr/46/5.201"
---

# §5.201. Voluntary deposits in event of mental or physical incompetence.

- (a) A holder may deposit a credential or endorsement with the Coast Guard in any case where there is evidence of mental or physical incompetence. A voluntary deposit is accepted on the basis of a written agreement, the original of which will be given to the holder, which specifies the conditions upon which the Coast Guard will return the credential or endorsement to the holder.
- (b) Where the mental or physical incompetence of a holder of a credential or endorsement is caused by use of or addiction to dangerous drugs, a voluntary deposit will only be accepted contingent on the following circumstances:
  - (1) The holder is enrolled in a bona fide drug abuse rehabilitation program;
  - (2) The holder's incompetence did not cause or contribute to a marine casualty,
  - (3) The incompetence was reported to the Coast Guard by the individual or any other person and was not discovered as a result of a Federal, State or local government investigation; and
  - (4) The holder has not voluntarily deposited or surrendered a credential or endorsement, or had a credential or endorsement revoked for a drug related offense on a prior occasion.
- (c) Where the mental or physical incompetence of a holder of a credential or endorsement is caused by use or addiction to alcohol, a voluntary deposit will only be accepted contingent on the following circumstances:
  - (1) The holder is enrolled in a bona fide alcohol abuse rehabilitation program;
  - (2) The holder's incompetence did not cause or contribute to a marine casualty; and
  - (3) The incompetence was reported to the Coast Guard by the individual or any other person and was not discovered as a result of a Federal, State, or local government investigation.
- (d) Where the conditions of paragraphs [(b)](#b) and [(c)](#c) of this section are not met, the holder may only surrender such credential or endorsement in accordance with [§ 5.203](/cfr/46/5.203.md).

## Notes

### Amendments

[CGD 84-099, 52 FR 47535, Dec. 14, 1987, 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 84-099, 52 FR 47535, Dec. 14, 1987, as amended by USCG-2006-24371, 74 FR 11215, Mar. 16, 2009]