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Shipping - 46 USC Section 3318
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US Lawyer > Shipping > Shipping - 46 USC Section 3318
01/19/04
Sec. 3318. Penalties
(a) Except as otherwise provided in this part, the owner,
charterer, managing operator, agent, master, or individual in
charge of a vessel operated in violation of this part or a
regulation prescribed under this part, and a person violating a
regulation that applies to a small passenger vessel, freight vessel
of less than 100 gross tons as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of this
title as prescribed by the Secretary under section 14104 of this
title, or sailing school vessel, are liable to the United States
Government for a civil penalty of not more than $5,000. The vessel
also is liable in rem for the penalty.
(b)(1) A person that knowingly manufactures, sells, offers for
sale, or possesses with intent to sell, any equipment subject to
this part, and the equipment is so defective as to be insufficient
to accomplish the purpose for which it is intended, commits a class
D felony.
(2) A person commits a class D felony if the person -
(A) alters or services lifesaving, fire safety, or any other
equipment subject to this part for compensation; and
(B) by that alteration or servicing, intentionally renders that
equipment unsafe and unfit for the purpose for which it is
intended.
(c) A person that employs a means or device whereby a boiler may
be subjected to a pressure greater than allowed by the terms of the
vessel's certificate of inspection commits a class D felony.
(d) A person that deranges or hinders the operation of any
machinery or device employed on a vessel to denote the state of
steam or water in any boiler or to give warning of approaching
danger, or permits the water level of any boiler when in operation
of a vessel to fall below its prescribed low-water line, commits a
class D felony.
(e) A person that alters, defaces, obliterates, removes, or
destroys any plans or specifications required by and approved under
a regulation prescribed under section 3306 of this title, with
intent to deceive or impede any official of the United States in
carrying out that official's duties, commits a class A misdemeanor.
(f) A person commits a class D felony.(!1) if the person -
(1) forges or counterfeits with intent to make it appear
genuine any mark or stamp prescribed for material to be tested
and approved under section 3306 of this title or a regulation
prescribed under section 3306;
(2) knowingly uses, affixes, or causes to be used or affixed,
any such forged or counterfeited mark or stamp to or on material
of any description;
(3) with fraudulent intent, possesses any such mark, stamp, or
other device knowing it to be forged or counterfeited; or
(4) with fraudulent intent, marks or causes to be marked with
the trademark or name of another, material required to be tested
and approved under section 3306 of this title or a regulation
prescribed under section 3306.
(g) A person is liable to the Government for a civil penalty of
not more than $5,000, if the person -
(1) interferes with the inspection of a nautical school vessel;
(2) violates a regulation prescribed for a nautical school
vessel;
(3) is an owner of a nautical school vessel operated in
violation of this part; or
(4) is an officer or member of the board of directors of a
school, organization, association, partnership, or corporation
owning a nautical school vessel operated in violation of a
regulation prescribed for a nautical school vessel.
(h) An owner, charterer, managing operator, agent, master, or
individual in charge of a vessel that fails to give the notice
required by section 3304(b) of this title is liable to the
Government for a civil penalty of not more than $1,000. The vessel
also is liable in rem for the penalty.
(i) A person violating section 3309(c) of this title is liable to
the Government for a civil penalty of not more than $1,000.
(j)(1) An owner, charterer, managing operator, agent, master, or
individual in charge of a vessel required to be inspected under
this chapter operating the vessel without the certificate of
inspection is liable to the Government for a civil penalty of not
more than $10,000 for each day during which the violation occurs,
except when the violation involves operation of a vessel of less
than 1,600 gross tons as measured under section 14502 of this
title, or an alternate tonnage measured under section 14302 of this
title as prescribed by the Secretary under section 14104 of this
title, the penalty is not more than $2,000 for each day during
which the violation occurs. The vessel also is liable in rem for
the penalty.
(2) A person is not liable for a penalty under this subsection if
-
(A) the owner, charterer, managing operator, agent, master, or
individual in charge of the vessel has notified the Secretary
under section 3309(c) of this title;
(B) the owner, charterer, managing operator, agent, master, or
individual in charge of the vessel has complied with all other
directions and requirements for obtaining an inspection under
this part; and
(C) the Secretary believes that unforeseen circumstances exist
so that it is not feasible to conduct a scheduled inspection
before the expiration of the certificate of inspection.
(k) The owner, charterer, managing operator, agent, master, or
individual in charge of a vessel failing to comply with a direction
issued by the Secretary under section 3311(b) of this title is
liable to the Government for a civil penalty of not more than
$10,000 for each day during which the violation occurs. The vessel
also is liable in rem for the penalty.
(l) A person committing an act described by subsections (b)-(f)
of this section is liable to the Government for a civil penalty of
not more than $5,000. If the violation involves the operation of a
vessel, the vessel also is liable in rem for the penalty.
HISTORICAL AND REVISION NOTES
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Revised section Source section (U.S. Code)
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3318 46:369(e)
46:390d
46:398
46:403
46:407
46:408
46:410
46:413
46:436
46:481(d)
46:1295f(d)(2), (3)
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Section 3318 provides for a number of specific civil and criminal
penalties.
AMENDMENTS
1996 - Subsec. (a). Pub. L. 104-324, Sec. 713(1), inserted "as
measured under section 14502 of this title, or an alternate tonnage
measured under section 14302 of this title as prescribed by the
Secretary under section 14104 of this title" after "100 gross
tons".
Subsec. (b)(1). Pub. L. 104-324, Sec. 310, designated existing
provisions as par. (1) and added par. (2).
Subsec. (j)(1). Pub. L. 104-324, Sec. 713(2), inserted "as
measured under section 14502 of this title, or an alternate tonnage
measured under section 14302 of this title as prescribed by the
Secretary under section 14104 of this title" after "1,600 gross
tons".
1990 - Subsec. (b). Pub. L. 101-380, Sec. 4302(b)(1), substituted
"commits a class D felony" for "shall be fined not more than
$10,000, imprisoned for not more than 5 years, or both".
Subsec. (c). Pub. L. 101-380, Sec. 4302(b)(2), substituted
"commits a class D felony" for "shall be fined not more than
$5,000, imprisoned for not more than 5 years, or both".
Subsec. (d). Pub. L. 101-380, Sec. 4302(b)(3), substituted
"commits a class D felony" for "shall be fined not more than
$5,000, imprisoned for not more than 5 years, or both".
Subsec. (e). Pub. L. 101-380, Sec. 4302(b)(4), substituted
"commits a class A misdemeanor" for "shall be fined not more than
$10,000, imprisoned for not more than 2 years, or both".
Subsec. (f). Pub. L. 101-380, Sec. 4302(b)(5), substituted
"commits a class D felony." for "shall be fined not less than
$1,000 but not more than $10,000, and imprisoned for not less than
2 years but not more than 5 years,".
1986 - Subsec. (f). Pub. L. 99-307 in provision preceding par.
(1) substituted "than" for "then" in two places.
1984 - Subsec. (a). Pub. L. 98-498, Sec. 211(c)(1), substituted
"Except as otherwise provided in this part, the" for "The" and "not
more than $5,000" for "$1,000, except that when the violation
involves operation of a barge, the penalty is $500".
Subsec. (c). Pub. L. 98-498, Sec. 211(c)(2), substituted "$5,000"
for "$2,000".
Subsec. (d). Pub. L. 98-498, Sec. 211(c)(3), substituted "$5,000"
for "$2,000".
Subsec. (e). Pub. L. 98-498, Sec. 211(c)(4), substituted
"$10,000" for "$2,000".
Subsec. (f). Pub. L. 98-498, Sec. 211(c)(5), substituted
"$10,000" for "$5,000".
Subsec. (g). Pub. L. 98-498, Sec. 211(c)(6), substituted "is
liable to the Government for a civil penalty of not more than
$5,000" for "shall be fined not more than $10,000, imprisoned for
not more than one year, or both".
Subsec. (h). Pub. L. 98-498, Sec. 211(c)(7), substituted
"Government for a civil penalty of not more than $1,000." for
"United States Government for a civil penalty of not more than
$500."
Subsecs. (i) to (l). Pub. L. 98-498, Sec. 211(c)(8), added
subsecs. (i) to (l).
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101-380 applicable to incidents occurring
after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out
as an Effective Date note under section 2701 of Title 33,
Navigation and Navigable Waters.
Last modified: April 20, 2006
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