46 U.S.C. § 80509 — Civil penalty
submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 223 words · no verdicts yet
A translation hasn’t been published for this section yet. The official text below is complete and authoritative.
An owner*, agent, or custodian who has been notified of an order issued under section 80505 of this title and fails to take reasonable and prompt action to prevent or stop a container* subject to the order from being moved in violation of the order is liable to the United States Government for a civil penalty of not more than $5,000 for each container moved. Each day the container remains in service while the order is in effect is a separate violation.
After notice and an opportunity for a hearing, the Secretary of the department in which the Coast Guard is operating shall assess and collect any penalty under this section.
In determining the amount of the penalty, the Secretary shall consider the gravity of the violation, the hazards involved, and the record of the person charged with respect to violations of the Convention*, this chapter, or regulations prescribed under this chapter.
The Secretary may remit, mitigate, or compromise a penalty under this section.
If a person fails to pay a penalty under this section, the Secretary shall refer the matter to the Attorney General for collection in an appropriate district court of the United States.
Source credit: (Pub. L. 109–304, § 11, Oct. 6, 2006, 120 Stat. 1698.)
- 2006Enacted · Pub. L. 109-304 · 120 Stat. 1698
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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