PRIA, Government Policy, Made Personal

Summary

If someone breaks the shipping rules or an order from the Federal Maritime Commission, they must pay a civil penalty to the U.S. government or may have to refund a charge, or both. The penalty is up to $5,000 for each violation, or up to $25,000 if it was done willfully and knowingly. Each day it continues counts as another violation. If a common carrier owes a penalty or refund, that debt becomes a legal claim against the carrier’s ships. The government can enforce the claim by suing any such vessel in the federal district where the ship is found.

Title 46, §41107

Shipping, Source: USLM XML via OLRC

(a)In General.—

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)Lien on Carrier’s Vessels.—

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