§70120 — Title 46 Shipping | U.S. Code

Summary

If a ship breaks these rules, the ship itself can be held responsible and sued for the civil penalty under section 70119 in any federal district where the ship is found. The ship can also be sued to pay back certain costs that others had to spend enforcing the rules because the ship’s operator broke them. "Reimbursable costs" are costs paid under a lawful federal order or under the ship operator’s instructions. "Service provider" means the people or agencies who manage the ship at a port, like port authorities, terminal operators, shipping agents, or government agencies, and covers crew services (housing, transport, medical, etc.) and required cargo handling.

Title 46, §70120

Shipping — Source: USLM XML via OLRC

(a)Any vessel operated in violation of this chapter or any regulations prescribed under this chapter shall be liable in rem for any civil penalty assessed pursuant to section 70119 for such violation, and may be proceeded against for such liability in the United States district court for any district in which the vessel may be found.

(b)A vessel shall be liable in rem for the reimbursable costs incurred by any service provider related to implementation and enforcement of this chapter and arising from a violation by the operator of the vessel of this chapter or any regulations prescribed under this chapter, and may be proceeded against for such liability in the United States district court for any district in which such vessel may be found.

(c)In this subsection—

(1)the term “reimbursable costs” means costs incurred by any service provider acting in conformity with a lawful order of the Federal government or in conformity with the instructions of the vessel operator; and

(2)the term “service provider” means any port authority, facility or terminal operator, shipping agent, Federal, State, or local government agency, or other person to whom the management of the vessel at the port of supply is entrusted, for—

(A)services rendered to or in relation to vessel crew on board the vessel, or in transit to or from the vessel, including accommodation, detention, transportation, and medical expenses; and

(B)required handling of cargo or other items on board the vessel.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2008—Pub. L. 110–181 repealed Pub. L. 109–304, § 15(33)(B), (C). See 2006 Amendment notes below. 2006—Pub. L. 109–304, § 15(33)(B), which directed renumbering identical to that made by Pub. L. 109–241, § 901(l)(2), was repealed by Pub. L. 110–181. See Amendment note and

Construction

of 2006 Amendment note below. Pub. L. 109–241, § 901(l)(2), renumbered section 70117 of this title, as added by Pub. L. 108–293, § 802(a)(2), as this section. Subsec. (a). Pub. L. 109–304, § 15(33)(C), which directed amendment identical to that made by Pub. L. 109–241, § 901(l)(3), was repealed by Pub. L. 110–181. See Amendment note and

Construction

of 2006 Amendment note below. Pub. L. 109–241, § 901(l)(3), substituted “section 70119” for “section 70120”.

Statutory Notes and Related Subsidiaries

Construction

of 2006 AmendmentProvisions of Pub. L. 109–304 repealed by section 3529(c)(1) of Pub. L. 110–181 to be treated as if never enacted, see section 3529(c)(2) of Pub. L. 110–181, set out as a note under section 9504 of Title 26, Internal Revenue Code.

§70120 In rem liability for civil penalties and certain costs

Summary

Title 46, §70120

Notes & Related Subsidiaries

Editorial Notes

Amendments

Construction

Construction

Statutory Notes and Related Subsidiaries

Construction

Citations & Metadata