46 U.S.C. § 70120: In rem liability for civil…

Summary

If a vessel breaks the rules in this chapter, the vessel itself can be made to pay civil fines. People can take legal action against the vessel in any U.S. federal court where the vessel is found. The vessel must also pay back service providers for costs they incur while carrying out or enforcing the rules because of the operator’s violation. Those costs can be collected through the same kind of lawsuit where the vessel is located. "Reimbursable costs" means expenses a service provider pays when following a lawful government order or the vessel operator’s instructions. "Service provider" means port authorities, terminal operators, shipping agents, government agencies, or others who manage the vessel at the port and provide crew services (like lodging, transport, or medical care) or handle cargo.

Title 46, §70120

Shipping, Source: USLM XML via OLRC

(a)Civil Penalties.—

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)Reimbursable Costs of Service Providers.—

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)Definitions.—

In this subsection

(1)

(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 L. 110–181 repealed Pub.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