47 U.S.C. § 362: Forfeitures; recovery

Summary

Ships that leave or try to leave a U.S. harbor in breach of these rules, or U.S. ships that operate outside a harbor in breach, must pay $5,000 to the United States. That money can be collected by a lawsuit. Each illegal departure or attempted departure is a separate offense, and for a U.S. ship each day it operates in breach counts as a separate offense. If the captain of a U.S. ship knowingly fails to follow or to enforce rules about equipment, crew, watches, or radio service, he must pay $1,000 to the United States.

Title 47, §362

Telegraphs, Telephones, and Radiotelegraphs, Source: USLM XML via OLRC

The following forfeitures shall apply to this part, in addition to the penalties and forfeitures provided by subchapter V of this chapter:

(a)Any ship that leaves or attempts to leave any harbor or port of the United States in violation of the provisions of this part, or the rules and regulations of the Commission made in pursuance thereof, or any ship of the United States that is navigated outside of any harbor or port in violation of any of the provisions of this part, or the rules and regulations of the Commission made in pursuance thereof, shall forfeit to the United States the sum of $5,000, recoverable by way of suit or libel. Each such departure or attempted departure, and in the case of a ship of the United States each day during which such navigation occurs shall constitute a separate offense.

(b)Every willful failure on the part of the master of a ship of the United States to enforce or to comply with the provisions of this chapter or the rules and regulations of the Commission as to equipment, operators, watches, or radio service shall cause him to forfeit to the United States the sum of $1,000.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This part, referred to in text, commences with section 351 of this title. This chapter, referred to in subsec. (b), was in the original “this Act”, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables.

Amendments

1989—Subsec. (a). Pub. L. 101–239, § 3002(g)(1), substituted “$5,000” for “$500”. Subsec. (b). Pub. L. 101–239, § 3002(g)(2), substituted “$1,000” for “$100”.

Effective Date

Section effective

May 20, 1937, see section 16 of act

May 20, 1937, set out as a note under section 351 of this title.

§362 Forfeitures; Recovery