§41107 — Title 46 Shipping | U.S. Code

Summary

Violating these rules or an order from the Federal Maritime Commission means a person must pay a fine to the U.S. government or, instead of or in addition to a fine, must give back a charge. Unless the law says otherwise, the fine can be up to $5,000 for each violation, or up to $25,000 if the violation was done willfully and knowingly. Each day the violation goes on counts as a separate violation. If a carrier is ordered to pay a fine or refund, that amount becomes a legal claim (a lien) against the ships the carrier operates. The government can sue the ship itself in the U.S. district court where the ship is located to collect the debt.

Title 46, §41107

Shipping — Source: USLM XML via OLRC

(a)A person that violates this part or a regulation or order of the Federal Maritime Commission issued under this part is liable to the United States Government for a civil penalty or, in addition to or in lieu of a civil penalty, is liable for the refund of a charge. Unless otherwise provided in this part, the amount of the penalty may not exceed $5,000 for each violation or, if the violation was willfully and knowingly committed, $25,000 for each violation. Each day of a continuing violation is a separate violation.

(b)The amount of a civil penalty or, in addition to or in lieu of a civil penalty, the refund of a charge, imposed on a common carrier under this section constitutes a lien on the vessels operated by the carrier. Any such vessel is subject to an action in rem to enforce the lien in the district court of the United States for the district in which it is found.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 4110746 App.:1712(a).Pub. L. 98–237, § 13(a), Mar. 20, 1984, 98 Stat. 82; Pub. L. 105–258, title I, § 112(a), Oct. 14, 1998, 112 Stat. 1911. In subsection (b), the words “is subject to an action in rem to enforce the lien” are substituted for “may be libeled therefore” to modernize the language.

Editorial Notes

Amendments

2022—Pub. L. 117–146, § 8(a)(1)(A), inserted “or refunds” after “penalties” in section catchline. Subsec. (a). Pub. L. 117–146, § 8(a)(1)(B), inserted “or, in addition to or in lieu of a civil penalty, is liable for the refund of a charge” after “civil penalty”. Subsec. (b). Pub. L. 117–146, § 8(a)(1)(C), inserted “or, in addition to or in lieu of a civil penalty, the refund of a charge,” after “civil penalty”.

§41107 Monetary penalties or refunds