ENGINE CUT-OFF SWITCHES; USE REQUIREMENT.

SEC. 8316. ENGINE CUT-OFF SWITCHES; USE REQUIREMENT. (a) In General.—Section 4312 of title 46, United States Code, is amended— (1) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; and (2) by inserting after subsection (a) the following: “(b) Use Requirement.— “(1) In general.—An individual operating a covered recreational vessel shall use an engine cut-off switch link while operating on plane or above displacement speed. “(2) Exceptions.—The requirement under paragraph (1) shall not apply if— “(A) the main helm of the covered vessel is installed within an enclosed cabin; or “(B) the vessel does not have an engine cut-off switch and is not required to have one under subsection (a).” . (b) Civil Penalty.—Section 4311 of title 46, United States Code, is amended by— (1) redesignating subsections (c), (d), (e), (f), and (g) as subsections (d), (e), (f), (g), and (h), respectively; and (2) inserting after subsection (b) the following: “(c) A person violating section 4312(b) of this title is liable to the United States Government for a civil penalty of not more than— “(1) $100 for the first offense; “(2) $250 for the second offense; and “(3) $500 for any subsequent offense.” . (c) [46 U.S.C. 4311 note] Effective Date.—The amendments made in subsections (a) and (b) shall take effect 90 days after the date of the enactment of this section, unless the Commandant, prior to the date that is 90 days after the date of the enactment of this section, determines that the use requirement enacted in subsection (a) would not promote recreational boating safety.