46 U.S.C. § 5116

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 5116 - Penalties

(a) Except as otherwise provided in this section, the owner, charterer, managing operator, agent, master, and individual in charge of a vessel violating this chapter or a regulation prescribed under this chapter are each liable to the United States Government for a civil penalty of not more than $5,000. Each day of a continuing violation is a separate violation. The vessel also is liable in rem for the penalty.

(b) The owner, charterer, managing operator, agent, master, and individual in charge of a vessel allowing, causing, attempting to cause, or failing to take reasonable care to prevent a violation of section 5112(a) of this title are each liable to the Government for a civil penalty of not more than $10,000 plus an additional amount equal to twice the economic benefit of the overloading. The vessel also is liable in rem for the penalty.

(c) The master or individual in charge of a vessel violating section 5112(b) of this title is liable to the Government for a civil penalty of not more than $5,000. The vessel also is liable in rem for the penalty.

(d) A person causing or allowing the departure of a vessel from a place within the jurisdiction of the United States in violation of a detention order issued under section 5113 of this title commits a class A misdemeanor.

(e) A person causing or allowing the alteration, concealment, or removal of a mark placed on a vessel under section 5103(b) of this title and the regulations prescribed under this chapter, except to make a lawful change or to escape enemy capture in time of war, commits a class A misdemeanor.

46 U.S.C. § 5116

Pub. L. 99-509, title V, §5101(2), Oct. 21, 1986, 100 Stat. 1918; Pub. L. 101-380, title IV, §4302(d), Aug. 18, 1990, 104 Stat. 538.

HISTORICAL AND REVISION NOTES

Revised section 5116Source: Section (U.S. Code) 46 App. U.S.C. 86i, 88g.Section 5116 provides penalties for violations of load line requirements. The penalties are raised substantially from existing law to provide a sufficient deterrence against violations of the load line requirements and to conform with the level of penalties throughout the subtitle. The monetary penalties have not been changed since the 1930's.Section 5116(a) raises from $1,000 to $5,000 the maximum penalty for violation of a load line provision under this chapter or a regulation promulgated under this chapter.Section 5116(b) raises from $1,000 to $10,000 the maximum penalty for loading a vessel in such a way as to submerge the load line. In addition, a violator must pay up to two times the amount of the economic benefit of the overloading. Section 5116(c) raises from $500 to $5,000 the maximum penalty for a violation of the requirement in section 5112(b) that the load line position and draft of a vessel be noted in the logbook.Section 5116(a)-(c) also states that the vessel is liable in rem for the penalty.Section 5116(d) raises from $1,000 to $10,000 the maximum penalty for a violation of a detention order and may also include imprisonment for up to one year.Section 5116(e) raises from $2,000 to $10,000 the maximum penalty for the alteration, removal, or concealment of a load line mark and may also include imprisonment for two years.

EDITORIAL NOTES

AMENDMENTS1990-Subsec. (d). Pub. L. 101-380, §4302(d)(1), substituted "commits a class A misdemeanor" for "shall be fined not more than $10,000, imprisoned for not more than one year, or both".Subsec. (e). Pub. L. 101-380, §4302(d)(2), substituted "commits a class A misdemeanor" for "shall be fined not more than $10,000, imprisoned for not more than 2 years, or both".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-380 applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101-380 set out as an Effective Date note under section 2701 of Title 33, Navigation and Navigable Waters.

economic benefit of the overloading

"economic benefit of the overloading" means the amount obtained by multiplying the weight of the overload (in tons) by the lesser of-(A) the average freight rate value of a ton of the vessel's cargo for the voyage; or(B) $50.