46 U.S.C. § 55111 — Towing

submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 305 words · no verdicts yet

in plain englishAI-generated · not legal advice

A vessel may not tow another vessel in coastwise waters unless U.S.-owned and properly documented. An exception applies when the tow is helping a vessel in distress. Violators face a fine between $350 and $1,100 that becomes a lien on the vessel. The towing vessel also owes $60 per ton of the vessel it towed. The vessel cannot leave port until fines are paid.

(a) In General. Except when towing a vessel in distress, a vessel can't do any part of the towing described in (b) unless the towing vessel: (1) is wholly owned by U.S. citizens for coastwise-trade purposes; and (2) has a coastwise-endorsed certificate of documentation under chapter 121, or is exempt from documentation but would otherwise qualify. (b) Applicable Towing. This rule covers towing: (1) a vessel between U.S. points covered by the coastwise laws, even via a foreign port; (2) a vessel moving point-to-point within the harbor of a coastwise port; or (3) a vessel carrying valueless or dredged material between U.S. points or points in the exclusive economic zone. (c) Penalties. (1) Owner and master. The owner and the master of a vessel that tows another vessel in violation of this section are each fined between $350 and $1,100. This penalty becomes a lien on the vessel, enforceable in federal district court wherever the vessel is found, and the vessel can't get clearance to leave port until the fine is paid. (2) Vessel. On top of that, the towing vessel itself is fined $60 for every ton of the vessel it towed.

the actual law source: uscode.house.gov ↗public domain

(a)In General.—

Except when towing a vessel in distress, a vessel may not do any part of any towing described in subsection (b) unless the towing vessel—

(1)

is wholly owned by citizens of the United States for purposes of engaging in the coastwise trade; and

(2)

has been issued a certificate of documentation with a coastwise endorsement under chapter 121 of this title or is exempt from documentation but would otherwise be eligible for such a certificate and endorsement.

(b)Applicable Towing.—

Subsection (a) applies to the towing of—

(1)

a vessel between ports or places in the United States to which the coastwise laws apply, either directly or via a foreign port or place;

(2)

a vessel from point to point within the harbors of ports or places to which the coastwise laws apply; or

(3)

a vessel transporting valueless material or dredged material, regardless of whether it has commercial value, from a point in the United States or on the high seas within the exclusive economic zone, to another point in the United States or on the high seas within the exclusive economic zone.

(c)Penalties.—

(1)Owner and master.—

The owner and master of a vessel towing another vessel in violation of this section are each liable for a penalty of at least $350 but not more than $1,100. A penalty under this paragraph constitutes a lien on the vessel. The lien is enforceable in a district court of the United States for any district in which the vessel is found. Clearance may not be granted to the vessel until the penalties have been paid.

(2)Vessel.—

In addition to the penalties under paragraph (1), the towing vessel is liable for a penalty of $60 per ton based on the tonnage of each towed vessel.

Source credit: (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1637.)

history & why it existsrecord from the source credit

2006Enacted · Pub. L. 109-304 · 120 Stat. 1637

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-304 on 2006-10-06.

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