46 U.S.C. § 41107 — Monetary penalties or refunds
submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 171 words · no verdicts yet
Violators of ocean shipping rules owe the government civil penalties up to $5,000 (or $25,000 if willful) per day of violation, or a refund instead, and unpaid penalties become a lien enforceable against the carrier's ships.
(a) In General: Anyone who violates this part or a Federal Maritime Commission regulation or order under this part owes the U.S. government a civil penalty, or - instead of or along with the penalty - must refund a charge. Unless this part says otherwise, the penalty can't be more than $5,000 per violation, or $25,000 per violation if done willfully and knowingly. Each day a violation continues counts as a separate violation.
(b) Lien on Carrier's Vessels: Any civil penalty or refund owed by a common carrier* under this section becomes a lien on the vessels that carrier operates. The government can sue in the right U.S. district court to enforce that lien directly against the vessel*.
A person that violates this part or a regulation or order of the Federal Maritime Commission issued under this part is liable to the United States Government for a civil penalty or, in addition to or in lieu of a civil penalty, is liable for the refund of a charge. Unless otherwise provided in this part, the amount of the penalty may not exceed $5,000 for each violation or, if the violation was willfully and knowingly committed, $25,000 for each violation. Each day of a continuing violation is a separate violation.
The amount of a civil penalty or, in addition to or in lieu of a civil penalty, the refund of a charge, imposed on a common carrier* under this section constitutes a lien on the vessels operated by the carrier. Any such vessel* is subject to an action in rem to enforce the lien in the district court of the United States for the district in which it is found.
Source credit: (Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1543; Pub. L. 117–146, § 8(a)(1), June 16, 2022, 136 Stat. 1276.)
- 2006Enacted · Pub. L. 109-304 · 120 Stat. 1543
- 2022Amended · Pub. L. 117-146 · 136 Stat. 1276
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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