33 U.S.C. § 2072 — Violations of Inland Navigational Rules
submitted 46 years ago by Pub. L. 96-591 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 385 words · no verdicts yet
This section imposes civil penalties of up to $5,000 for violations of inland navigation rules and allows penalties against both operators and certain vessels. It sets hearing, collection, clearance, and bond rules.
(a) Liability of operator for civil penalty. A person who operates a vessel in violation of this chapter, a regulation issued under it, or a certificate of alternative compliance issued under Rule 1 is liable for a civil penalty of up to $5,000 for each violation.
(b) Liability of vessel for civil penalty; seizure of vessel. Every vessel covered by this chapter, except a public vessel used for noncommercial purposes, is liable for a civil penalty of up to $5,000 for each violation of this chapter, its regulations, or a Rule 1 certificate. For that penalty, the vessel may be seized and the case may be brought in any United States district court district where the vessel is found.
(c) Assessment of civil penalty by Secretary; collection. The Secretary may assess a penalty authorized by this section. Before doing so, the Secretary must give the charged person, or the vessel’s owner when appropriate, notice of the violation and an opportunity for a hearing. For good cause, the Secretary may cancel, reduce, or settle an assessed penalty. If the charged person or owner does not pay the penalty as assessed, reduced, or settled, the Secretary may ask the Attorney General to bring an action in the proper United States district court to collect it, regardless of the amount, together with other appropriate relief.
(d) Withholding of clearance. (1) If an owner, operator, or person in charge is liable for a penalty, or there is reasonable cause to believe that one of them may be liable, the Secretary of the Treasury, at the Secretary’s request, must refuse or revoke for that vessel any clearance required by section 60105 of title 46. (2) A clearance or permit refused or revoked under this subsection may be granted after the person files a bond or other security satisfactory to the Secretary.
Whoever operates a vessel in violation of this chapter, or of any regulation issued thereunder, or in violation of a certificate of alternative compliance issued under Rule 1 is liable to a civil penalty of not more than $5,000 for each violation.
Every vessel subject to this chapter, other than a public vessel being used for noncommercial purposes, that is operated in violation of this chapter, or of any regulation issued thereunder, or in violation of a certificate of alternative compliance issued under Rule 1 is liable to a civil penalty of not more than $5,000 for each violation, for which penalty the vessel may be seized and proceeded against in the district court of the United States of any district within which the vessel may be found.
The Secretary may assess any civil penalty authorized by this section. No such penalty may be assessed until the person charged, or the owner of the vessel charged, as appropriate, shall have been given notice of the violation involved and an opportunity for a hearing. For good cause shown, the Secretary may remit, mitigate, or compromise any penalty assessed. Upon the failure of the person charged, or the owner of the vessel charged, to pay an assessed penalty, as it may have been mitigated or compromised, the Secretary may request the Attorney General to commence an action in the appropriate district court of the United States for collection of the penalty as assessed, without regard to the amount involved, together with such other relief as may be appropriate.
If any owner, operator, or individual in charge of a vessel is liable for a penalty under this section, or if reasonable cause exists to believe that the owner, operator, or individual in charge may be subject to a penalty under this section, the Secretary of the Treasury, upon the request of the Secretary, shall with respect to such vessel refuse or revoke any clearance required by section 60105 of title 46.
Clearance or a permit refused or revoked under this subsection may be granted upon filing of a bond or other surety satisfactory to the Secretary.
Source credit: (Pub. L. 96–591, § 4, Dec. 24, 1980, 94 Stat. 3433; Pub. L. 104–324, title III, § 312(c), Oct. 19, 1996, 110 Stat. 3920.)
- 1980Enacted · Pub. L. 96-591 · 94 Stat. 3433
- 1996Amended · Pub. L. 104-324 · 110 Stat. 3920
A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-591 on 1980-12-24.
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