§2072 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

Anyone who runs a boat in breach of the inland navigation rules, or anyone who breaks related regulations or a special compliance certificate, can be fined up to $5,000 for each offense. A boat covered by these rules (except a public vessel used for noncommercial purposes) can also be fined the same amount, seized, and sued in a U.S. district court where the boat is found. The Secretary is the one who can impose these fines, but the person or boat owner must get notice and a chance for a hearing first. The Secretary can reduce or cancel a fine for good reason. If a fine stays unpaid, the Secretary can ask the Attorney General to sue to collect it. If an owner, operator, or person in charge may owe a penalty, the Secretary of the Treasury, when asked by the Secretary, can refuse or revoke any clearance required under section 60105 of title 46; that clearance can be restored by filing a bond or other acceptable surety.

Title 33, §2072

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)Whoever operates a vessel in violation of this chapter, or of any regulation issued thereunder, or in violation of a certificate of alternative compliance issued under Rule 1 is liable to a civil penalty of not more than $5,000 for each violation.

(b)Every vessel subject to this chapter, other than a public vessel being used for noncommercial purposes, that is operated in violation of this chapter, or of any regulation issued thereunder, or in violation of a certificate of alternative compliance issued under Rule 1 is liable to a civil penalty of not more than $5,000 for each violation, for which penalty the vessel may be seized and proceeded against in the district court of the United States of any district within which the vessel may be found.

(c)The Secretary may assess any civil penalty authorized by this section. No such penalty may be assessed until the person charged, or the owner of the vessel charged, as appropriate, shall have been given notice of the violation involved and an opportunity for a hearing. For good cause shown, the Secretary may remit, mitigate, or compromise any penalty assessed. Upon the failure of the person charged, or the owner of the vessel charged, to pay an assessed penalty, as it may have been mitigated or compromised, the Secretary may request the Attorney General to commence an action in the appropriate district court of the United States for collection of the penalty as assessed, without regard to the amount involved, together with such other relief as may be appropriate.

(d)(1)If any owner, operator, or individual in charge of a vessel is liable for a penalty under this section, or if reasonable cause exists to believe that the owner, operator, or individual in charge may be subject to a penalty under this section, the Secretary of the Treasury, upon the request of the Secretary, shall with respect to such vessel refuse or revoke any clearance required by section 60105 of title 46.

(2)Clearance or a permit refused or revoked under this subsection may be granted upon filing of a bond or other surety satisfactory to the Secretary.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Rule 1, referred to in pars. (a) and (b), was classified to section 2001 of this title, prior to repeal by Pub. L. 108–293, title III, § 303(a), (c), Aug. 9, 2004, 118 Stat. 1042, effective May 17, 2010. Codification In subsec. (d)(1), “section 60105 of title 46” substituted for “section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91)” on authority of Pub. L. 109–304, § 18(c), Oct. 6, 2006, 120 Stat. 1709, which Act enacted section 60105 of Title 46, Shipping.

Amendments

1996—Par. (d). Pub. L. 104–324 inserted heading and amended text generally. Prior to amendment, text read as follows: “The Secretary of the Treasury shall withhold or revoke, at the request of the Secretary, the clearance, required by section 91 of title 46, Appendix, of any vessel, the owner or operator of which is subject to any of the penalties in this section. Clearance may be granted in such cases upon the filing of a bond or other surety satisfactory to the Secretary.”

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 12 months after Dec. 24, 1981, see section 7 of Pub. L. 96–591, set out as an

Effective Date

of 1980 Amendment note under section 1604 of this title.

§2072 Violations of Inland Navigational Rules

Summary

Title 33, §2072

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata