§ 2072. — Violations of Inland Navigational Rules.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC2072]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 34--INLAND NAVIGATIONAL RULES
SUBCHAPTER II--MISCELLANEOUS PROVISIONS
Sec. 2072. Violations of Inland Navigational Rules
(a) Liability of operator for civil penalty
Whoever operates a vessel in violation of this chapter, or of any
regulation issued thereunder, or in violation of a certificate of
alternative compliance issued under Rule 1 is liable to a civil penalty
of not more than $5,000 for each violation.
(b) Liability of vessel for civil penalty; seizure of vessel
Every vessel subject to this chapter, other than a public vessel
being used for noncommercial purposes, that is operated in violation of
this chapter, or of any regulation issued thereunder, or in violation of
a certificate of alternative compliance issued under Rule 1 is liable to
a civil penalty of not more than $5,000 for each violation, for which
penalty the vessel may be seized and proceeded against in the district
court of the United States of any district within which the vessel may
be found.
(c) Assessment of civil penalty by Secretary; collection
The Secretary may assess any civil penalty authorized by this
section. No such penalty may be assessed until the person charged, or
the owner of the vessel charged, as appropriate, shall have been given
notice of the violation involved and an opportunity for a hearing. For
good cause shown, the Secretary may remit, mitigate, or compromise any
penalty assessed. Upon the failure of the person charged, or the owner
of the vessel charged, to pay an assessed penalty, as it may have been
mitigated or compromised, the Secretary may request the Attorney General
to commence an action in the appropriate district court of the United
States for collection of the penalty as assessed, without regard to the
amount involved, together with such other relief as may be appropriate.
(d) Withholding of clearance
(1) If any owner, operator, or individual in charge of a vessel is
liable for a penalty under this section, or if reasonable cause exists
to believe that the owner, operator, or individual in charge may be
subject to a penalty under this section, the Secretary of the Treasury,
upon the request of the Secretary, shall with respect to such vessel
refuse or revoke any clearance required by section 91 of title 46,
Appendix.
(2) Clearance or a permit refused or revoked under this subsection
may be granted upon filing of a bond or other surety satisfactory to the
Secretary.
(Pub. L. 96-591, Sec. 4, Dec. 24, 1980, 94 Stat. 3433; Pub. L. 104-324,
title III, Sec. 312(c), Oct. 19, 1996, 110 Stat. 3920.)
References in Text
Rule 1, referred to in pars. (a) and (b), is classified to section
2001 of this title.
Amendments
1996--Par. (d). Pub. L. 104-324 inserted heading and amended text
generally. Prior to amendment, text read as follows: ``The Secretary of
the Treasury shall withhold or revoke, at the request of the Secretary,
the clearance, required by section 91 of title 46, Appendix, of any
vessel, the owner or operator of which is subject to any of the
penalties in this section. Clearance may be granted in such cases upon
the filing of a bond or other surety satisfactory to the Secretary.''
