Section 31304 - Liability for noncompliance(a) If a person makes a contract secured by, or on the credit of, a vessel covered by a mortgage filed or recorded under this chapter and sustains a monetary loss because the mortgagor or the master or other individual in charge of the vessel does not comply with a requirement imposed on the mortgagor, master, or individual under this chapter, the mortgagor is liable for the loss.(b) A civil action may be brought to recover for losses referred to in subsection (a) of this section. The district courts have original jurisdiction of the action, regardless of the amount in controversy or the citizenship of the parties. If the plaintiff prevails, the court shall award costs and attorney fees to the plaintiff.Pub. L. 100-710, title I, §102(c), Nov. 23, 1988, 102 Stat. 4740.| HISTORICAL AND REVISION NOTES |
| Revised section | Source section (U.S. Code) |
| 31304 | 46:941(c) |
Section 31304 imposes liability on the mortgagor if the mortgagor, master, or other individual in charge of the vessel does not comply with the statutory requirements. A civil action may be brought in a district court of the United States for losses incurred. If the plaintiff prevails, the court shall award costs and attorneys fees to the plaintiff. This section makes two substantive changes to law. First, is the broadening of its coverage from documented vessels covered by a preferred mortgage to any vessel covered by a mortgage that is filed or recorded under the chapter. The second substantive change repeals the liability on the United States Government for losses caused because the Secretary did not comply with statutory requirements. This is covered by the Federal Tort Claims Act due to the nondiscretionary responsibility of the Secretary.STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATESection effective Jan. 1, 1989, with certain exceptions and qualifications, see section 107 of Pub. L. 100-710 set out as a note under section 31301 of this title.
- Secretary
- "Secretary" means the Secretary of the Department of Homeland Security, unless otherwise noted.
- district court
- "district court" means-(A) a district court of the United States (as defined in section 451 of title 28);(B) the District Court of Guam;(C) the District Court of the Virgin Islands;(D) the District Court for the Northern Mariana Islands;(E) the High Court of American Samoa; and(F) any other court of original jurisdiction of a territory or possession of the United States;