47 U.S.C. § 362 — Forfeitures; recovery

submitted 92 years ago by ch. 652 to r/title-47-TELECOMMUNICATIONS · 200 words · no verdicts yet

in plain englishAI-generated · not legal advice

A ship that breaks radio rules while leaving a U.S. port must pay a $5,000 fine. Each violation counts separately, and every day counts as a new offense for U.S. ships. If a ship's captain willfully ignores radio equipment or staffing rules, that costs $1,000.

This section lists money penalties (called forfeitures) that apply on top of other penalties elsewhere in this chapter. (a) If a ship leaves, or tries to leave, a U.S. harbor or port while breaking this part's rules or the Commission's regulations, it forfeits $5,000 to the United States. This also applies to a U.S. ship that operates outside a harbor or port in violation of these rules. The government can recover this money by suing. Each time a ship leaves or tries to leave counts as a separate violation. For U.S. ships, every day the ship keeps operating in violation counts as its own separate violation too. (b) If a ship's master willfully fails to enforce or follow this chapter's rules — or the Commission's rules about equipment, operators, radio watches, or radio service — the master forfeits $1,000 to the United States.

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

The following forfeitures shall apply to this part, in addition to the penalties and forfeitures provided by subchapter V of this chapter:

(a)

Any ship that leaves or attempts to leave any harbor or port of the United States in violation of the provisions of this part, or the rules and regulations of the Commission made in pursuance thereof, or any ship of the United States that is navigated outside of any harbor or port in violation of any of the provisions of this part, or the rules and regulations of the Commission made in pursuance thereof, shall forfeit to the United States the sum of $5,000, recoverable by way of suit or libel. Each such departure or attempted departure, and in the case of a ship of the United States each day during which such navigation occurs shall constitute a separate offense.

(b)

Every willful failure on the part of the master of a ship of the United States to enforce or to comply with the provisions of this chapter or the rules and regulations of the Commission as to equipment, operators, watches, or radio service shall cause him to forfeit to the United States the sum of $1,000.

Source credit: (June 19, 1934, ch. 652, title III, § 364, formerly § 362, as added May 20, 1937, ch. 229, § 10(b), 50 Stat. 196; renumbered § 364, Aug. 13, 1954, ch. 729, § 2(a)(1), 68 Stat. 706; amended Pub. L. 101–239, title III, § 3002(g), Dec. 19, 1989, 103 Stat. 2131.)

history & why it existsrecord from the source credit

1934Enacted · Act of June 19, 1934, ch. 652 · 50 Stat. 196
1954Amended · Act of Aug. 13, 1954, ch. 729 · 68 Stat. 706
1989Amended · Pub. L. 101-239 · 103 Stat. 2131

A history note hasn’t been published yet. The record shows enactment by ch. 652 on 1934-06-19.

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