46 CFR 10.213 - National Driver Register.

§ 10.213 National Driver Register.

(a) No MMC will be issued as an original or reissued with a new expiration date, and no new officer endorsement will be issued, unless the applicant consents to a check of the NDR for offenses described in section 205(a)(3)(A) or (B) of the NDR Act (i.e., operation of a motor vehicle while under the influence of, or impaired by, alcohol or a controlled substance; and any traffic violations arising in connection with a fatal traffic accident, reckless driving, or racing on the highways).

(b) The Coast Guard will not consider NDR-listed civil convictions that are more than 3 years old from the date of request unless that information relates to a current suspension or revocation of the applicant's license to operate a motor vehicle. The Coast Guard may determine minimum and maximum assessment periods for NDR-listed criminal convictions using table 10.213(c) of this section. An applicant conducting simultaneous MMC transactions is subject to only one NDR check.

(c) The guidelines in table 1 to paragraph (c) will be used by the Coast Guard in evaluating applicants who have drug or alcohol related NDR-listed convictions. Non-drug or alcohol related NDR-listed convictions will be evaluated by the Coast Guard under table 1 to § 10.211 of this part as applicable. The Coast Guard may consider non-drug or alcohol related NDR-listed convictions that are more than 3 years old from the date of the request when the information relates to a current suspension or revocation of the applicant's license to operate a motor vehicle.

Table 1 to § 10.213(c) - Guidelines for Evaluating Applicants for MMCs Who Have NDR Motor Vehicle Convictions Involving Dangerous Drugs or Alcohol 1

Number of
Date of conviction Assessment period
1 Less than 1 year 1 year from date of conviction.
1 More than 1, less than 3 years Application will be processed, unless suspension, or revocation 2 is still in effect. Applicant will be advised that additional conviction(s) may jeopardize merchant mariner credentials.
1 More than 3 years old Application will be processed.
2 or more Any less than 3 years old 1 year since last conviction and at least 3 years from 2nd most recent conviction, unless suspension or revocation is still in effect.
2 or more All more than 3 years old Application will be processed unless suspension or revocation is still in effect.

1 Any applicant who has ever been the user of, or addicted to the use of, a dangerous drug must meet the requirements of paragraph (f) of this section.

2 Suspension or revocation, when referred to in table 10.213, means a State suspension or revocation of a motor vehicle operator's license.

(d) Any application may be denied if information from the NDR check leads the Coast Guard to determine that the applicant cannot be entrusted with the duties and responsibilities of the endorsement for which the application is made. If an application is denied, the Coast Guard will notify the applicant in writing of the reason(s) for denial and advise the applicant that the appeal procedures in subpart 1.03 of part 1 of this chapter apply. No examination will be given pending decision on appeal.

(e) Before denying an application because of information received from the NDR, the Coast Guard will make the information available to the applicant for review and written comment. The applicant may submit records from the applicable State concerning driving record and convictions to the Coast Guard processing the application. The Coast Guard will hold an application with NDR-listed convictions pending the completion of the evaluation and delivery by the individual of the underlying State records.

(f) If an applicant has one or more alcohol or dangerous drug-related criminal or NDR-listed convictions, if the applicant has ever been the user of, or addicted to the use of, a dangerous drug, or if the applicant applies before the minimum assessment period for his or her conviction has elapsed, the Coast Guard may consider the following factors, as applicable, in assessing the applicant's suitability to hold an MMC. This list is intended as a guide for the Coast Guard. The Coast Guard may consider other factors which it judges appropriate to a particular applicant, such as -

(1) Proof of completion of an accredited alcohol or drug abuse rehabilitation program;

(2) Active membership in a rehabilitation or counseling group, such as Alcoholics Anonymous or Narcotics Anonymous;

(3) Character references from persons who can attest to the applicant's sobriety, reliability, and suitability for employment in the merchant marine, including parole or probation officers;

(4) Steady employment; and

(5) Successful completion of all conditions of parole or probation.

[USCG-2004-17914, 78 FR 77889, Dec. 24, 2013]

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
U.S. Code: Title 14 - COAST GUARD
U.S. Code: Title 31 - MONEY AND FINANCE
U.S. Code: Title 46 - SHIPPING

§ 2101 - General definitions

§ 2103 - Superintendence of the merchant marine

§ 2104 - Delegation

§ 2110 - Fees

§ 7101 - Issuing and classifying licenses and certificates of registry

§ 7102 - Citizenship

§ 7103 - Licenses for radio officers

§ 7104 - Certificates for medical doctors and nurses

§ 7105 - Oaths

§ 7106 - Duration of licenses

§ 7107 - Duration of certificates of registry

§ 7108 - Termination of licenses and certificates of registry

§ 7109 - Review of criminal records

§ 7110 - Exhibiting licenses

§ 7111 - Oral examinations for licenses

§ 7112 - Licenses of masters or mates as pilots

§ 7113 - Exemption from draft

§ 7114 - Fees

§ 7115 - Merchant Mariner Medical Advisory Committee

§ 7301 - General

§ 7302 - Issuing merchant mariners’ documents and continuous discharge books

§ 7303 - Possession and description of merchant mariners’ documents

§ 7304 - Citizenship notation on merchant mariners’ documents

§ 7305 - Oaths for holders of merchant mariners’ documents

§ 7306 - General requirements and classifications for able seamen

§ 7307 - Able seamen—unlimited

§ 7308 - Able seamen—limited

§ 7309 - Able seamen—special

§ 7310 - Able seamen—offshore supply vessels

§ 7311 - Able seamen—sail

§ 7311a - Able seamen—fishing industry

§ 7312 - Scale of employment

§ 7313 - General requirements for members of engine departments

§ 7314 - Service requirements for qualified members of engine departments

§ 7315 - Training

§ 7316 - Lifeboatmen

§ 7317 - Tankermen

§ 7318 - Radiotelegraph operators on Great Lakes

§ 7319 - Records of merchant mariners’ documents

§ 7501 - Duplicates

§ 7502 - Records

§ 7503 - Dangerous drugs as grounds for denial

§ 7504 - Travel and expense reimbursement

§ 7505 - Review of information in National Driver Register

§ 7506 - Convention tonnage for licenses, certificates, and documents

§ 7507 - Authority to extend the duration of licenses, certificates of registry, and merchant mariner documents

§ 7701 - General

§ 8903 - Self-propelled, uninspected passenger vessels

§ 8904 - Towing vessels

§ 70105 - Transportation security cards

Presidential Documents

Executive Order ... 10173

Title 46 published on 09-May-2017 04:27

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 46 CFR Part 10 after this date.

  • 2016-07-07; vol. 81 # 130 - Thursday, July 7, 2016
    1. 81 FR 44230 - Policy for Credentialing Officers of Towing Vessels
      GPO FDSys XML | Text
      Notice of availability.
      The policy announced in NVIC 03-16 is effective on July 7, 2016.
      46 CFR Parts 1, 10, 11, 12, 13, 14, and 15