46 U.S.C. § 70120 — In rem liability for civil penalties and certain costs
submitted 22 years ago by Pub. L. 108-293 to r/title-46-SHIPPING · 257 words · no verdicts yet
A translation hasn’t been published for this section yet. The official text below is complete and authoritative.
Any vessel* operated in violation of this chapter or any regulations prescribed under this chapter shall be liable in rem for any civil penalty assessed pursuant to section 70119 for such violation, and may be proceeded against for such liability in the United States district court for any district in which the vessel may be found.
A vessel shall be liable in rem for the reimbursable costs incurred by any service provider related to implementation and enforcement of this chapter and arising from a violation by the operator of the vessel of this chapter or any regulations prescribed under this chapter, and may be proceeded against for such liability in the United States district court for any district in which such vessel may be found.
In this subsection—
the term “reimbursable costs” means costs incurred by any service provider acting in conformity with a lawful order of the Federal government or in conformity with the instructions of the vessel operator; and
the term “service provider” means any port authority, facility* or terminal operator, shipping agent, Federal, State*, or local government agency*, or other person to whom the management of the vessel at the port of supply is entrusted, for—
services rendered to or in relation to vessel crew on board the vessel, or in transit to or from the vessel, including accommodation, detention, transportation, and medical expenses; and
required handling of cargo or other items on board the vessel.
Source credit: (Added Pub. L. 108–293, title VIII, § 802(a)(2), Aug. 9, 2004, 118 Stat. 1078, § 70117; renumbered § 70120 and amended Pub. L. 109–241, title IX, § 901(l)(2), (3), July 11, 2006, 120 Stat. 565; Pub. L. 109–304, § 15(33)(B), (C), Oct. 6, 2006, 120 Stat. 1705; Pub. L. 110–181, div. C, title XXXV, § 3529(c)(1), Jan. 28, 2008, 122 Stat. 603.)
- 2004Enacted · Pub. L. 108-293 · 118 Stat. 1078
- 2006Amended · Pub. L. 109-241 · 120 Stat. 565
- 2006Amended · Pub. L. 109-304 · 120 Stat. 1705
- 2008Amended · Pub. L. 110-181 · 122 Stat. 603
A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-293 on 2004-08-09.
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