§12309 — Title 46 Shipping | U.S. Code

Summary

Willfully breaking the chapter or its rules can lead to a criminal fine of up to $5,000, up to one year in jail, or both. Any violation can also mean a civil fine up to $1,000 that must be paid to the United States. If the violation involves running a vessel, the vessel itself can be held responsible for the fine. If a civil fine of $200 or less is decided, the Secretary may send the case to the U.S. magistrate judge where the person can be found to collect the money. That collection is done under the district court’s supervision and an order under section 636(b) of title 28.

Title 46, §12309

Shipping — Source: USLM XML via OLRC

(a)A person willfully violating this chapter or a regulation prescribed under this chapter shall be fined not more than $5,000, imprisoned for not more than one year, or both.

(b)A person violating this chapter or a regulation prescribed under this chapter is liable to the United States Government for a civil penalty of not more than $1,000. If the violation involves the operation of a vessel, the vessel also is liable in rem for the penalty.

(c)When a civil penalty of not more than $200 has been assessed under this chapter, the Secretary may refer the matter of collection of the penalty directly to the United States magistrate judge of the jurisdiction in which the person liable may be found for collection procedures under supervision of the district court and under an order issued by the court delegating this authority under section 636(b) of title 28.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource section (U.S. Code) 12309(a)46:1483 12309(b)46:1484(b) 12309(c)46:1484(d) section 12309 provides for civil and criminal penalties for violation of the vessel numbering provisions in this title.

Statutory Notes and Related Subsidiaries

Change of Name

“United States magistrate judge” substituted for “United States magistrate” in subsec. (c) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.

§12309 Penalties