§5116 — Title 46 Shipping | U.S. Code

Summary

People who own, lease, manage, act as an agent for, or command a vessel must pay fines to the U.S. if they break these rules. The fine is up to $5,000 for each violation, and each day a violation continues counts as a separate violation. The vessel itself can be held responsible too. If someone allows or causes a breach of section 5112(a), the fine can be up to $10,000 plus twice any money gained from the misconduct, and the vessel can be held responsible. If the master or person in charge breaks section 5112(b), the fine is up to $5,000 and the vessel can be responsible. Letting a vessel leave despite a detention order (under section 5113) or illegally changing or removing a required mark (placed under section 5103(b)) — except for lawful changes or to escape enemy capture in wartime — is a class A misdemeanor (a criminal offense).

Title 46, §5116

Shipping — Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised section 5116 Source: 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

Amendments

1990—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 AmendmentAmendment 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.

§5116 Penalties

Summary

Title 46, §5116

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata