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Title 46 — ShippingRelease 119-73

§80509 Civil penalty

Title 46 › Subtitle Subtitle VIII— - Miscellaneous › Chapter CHAPTER 805— - SAFE CONTAINERS FOR INTERNATIONAL CARGO › § 80509

Last updated Apr 6, 2026|Official source

Summary

If an owner, agent, or custodian is told about an order under section 80505 and does not quickly and reasonably stop a covered container from being moved in violation of that order, they can be fined up to $5,000 for each container moved. Each day a container stays in service while the order is in effect counts as a separate violation. After giving notice and a chance for a hearing, the Secretary of the department that runs the Coast Guard decides and collects the fine. The Secretary must consider how serious the violation was, the danger it posed, and the person’s past record of similar violations. The Secretary can reduce, cancel, or settle a fine. If the fine is not paid, the Secretary will send the case to the Attorney General to be collected in a U.S. district court.

Full Legal Text

Title 46, §80509

Shipping — Source: USLM XML via OLRC

(a)An owner, agent, or custodian who has been notified of an order issued under section 80505 of this title and fails to take reasonable and prompt action to prevent or stop a container subject to the order from being moved in violation of the order is liable to the United States Government for a civil penalty of not more than $5,000 for each container moved. Each day the container remains in service while the order is in effect is a separate violation.
(b)(1)After notice and an opportunity for a hearing, the Secretary of the department in which the Coast Guard is operating shall assess and collect any penalty under this section.
(2)In determining the amount of the penalty, the Secretary shall consider the gravity of the violation, the hazards involved, and the record of the person charged with respect to violations of the Convention, this chapter, or regulations prescribed under this chapter.
(3)The Secretary may remit, mitigate, or compromise a penalty under this section.
(4)If a person fails to pay a penalty under this section, the Secretary shall refer the matter to the Attorney General for collection in an appropriate district court of the United States.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 8050946 App.:1505.Pub. L. 95–208, § 6, Dec. 13, 1977, 91 Stat. 1478. In subsection (a), the words “On and after the date the instrument of ratification is deposited by the United States in accordance with the provisions of article VII of the Convention” are omitted as obsolete. The words “liable to the United States Government for a civil penalty” are substituted for “subject to a civil penalty” for consistency in the revised title. In subsection (b)(2), the words “In determining the amount of” are substituted for “In assessing, remitting, mitigating, or compromising” to eliminate unnecessary words.

Reference

Citations & Metadata

Citation

46 U.S.C. § 80509

Title 46 — Shipping

Last Updated

Apr 6, 2026

Release point: 119-73