§ 499. — Regulations for drawbridges.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC499]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 11--BRIDGES OVER NAVIGABLE WATERS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 499. Regulations for drawbridges
(a) Criminal penalties for violations; enforcement; rules and
regulations
It shall be the duty of all persons owning, operating, and tending
the drawbridges built prior to August 18, 1894, or which may thereafter
be built across the navigable rivers and other waters of the United
States, to open, or cause to be opened, the draws of such bridges under
such rules and regulations as in the opinion of the Secretary of
Transportation the public interests require to govern the opening of
drawbridges for the passage of vessels and other water crafts, and such
rules and regulations, when so made and published, shall have the force
of law. Every such person who shall willfully fail or refuse to open, or
cause to be opened, the draw of any such bridge for the passage of a
boat or boats, as provided in such regulations, shall be deemed guilty
of a misdemeanor, and on conviction thereof shall be punished by a fine
of not more than $2,000 nor less than $1,000, or by imprisonment (in the
case of a natural person) for not exceeding one year, or by both such
fine and imprisonment, in the discretion of the court: Provided, That
the proper action to enforce the provisions of this subsection may be
commenced before any magistrate judge, judge, or court of the United
States, and such magistrate judge, judge, or court shall proceed in
respect thereto as authorized by law in case of crimes against the
United States: Provided further, That whenever, in the opinion of the
Secretary of Transportation, the public interests require it, he may
make rules and regulations to govern the opening of drawbridges for the
passage of vessels and other water crafts, and such rules and
regulations, when so made and published, shall have the force of law,
and any willful violation thereof shall be punished as hereinbefore
provided: Provided further, That any regulations made in pursuance of
this section may be enforced as provided in section 413 of this title,
the provisions whereof are made applicable to the said regulations. Any
rules and regulations made in pursuance of this section shall, to the
extent practical and feasible, provide for regularly scheduled openings
of drawbridges during seasons of the year, and during times of the day,
when scheduled openings would help reduce motor vehicle traffic delays
and congestion on roads and highways linked by drawbridges.
(b) Nonstructural vessel appurtenances; unreasonable delays
No vessel owner or operator shall signal a drawbridge to open for
any nonstructural vessel appurtenance which is not essential to
navigation or which is easily lowered and no person shall unreasonably
delay the opening of a draw after the signal required by rules or
regulations under this section has been given. The Secretary of
Transportation shall issue rules and regulations to implement this
subsection.
(c) Civil penalties for violation; notice and hearing; assessment,
collection, and remission; civil actions
Whoever violates any rule or regulation issued under subsection (a)
or (b) of this section, shall be liable to a civil penalty of not more
than $1,000. No penalty may be assessed under this subsection until the
person charged is given notice and an opportunity for a hearing on the
charge. The Secretary of Transportation may assess and collect any civil
penalty incurred under this subsection and, in his discretion, may
remit, mitigate, or compromise any penalty until the matter is referred
to the Attorney General. If a person against whom a civil penalty is
assessed under this subsection fails to pay that penalty, an action may
be commenced in the district court of the United States for any district
in which the violation occurs for such penalty.
(Aug. 18, 1894, ch. 299, Sec. 5, 28 Stat. 362; June 13, 1902, ch. 1079,
Sec. 6, 32 Stat. 374; Pub. L. 90-578, title IV, Sec. 402(b)(2), Oct. 17,
1968, 82 Stat. 1118; Pub. L. 97-322, title I, Sec. 108(a), Oct. 15,
1982, 96 Stat. 1582; Pub. L. 97-449, Sec. 2(d)(1), Jan. 12, 1983, 96
Stat. 2440; Pub. L. 100-448, Sec. 21, Sept. 28, 1988, 102 Stat. 1846;
Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)
Codification
The last proviso of subsec. (a) of this section was from a part of
section 6 of act June 13, 1902, which reads as follows: ``Any
regulations heretofore or hereafter prescribed by the Secretary of War
in pursuance of the fourth and fifth sections of the river and harbor
Act of August eighteenth, eighteen hundred and ninety-four [this section
and section 1 of this title], and any regulations hereafter prescribed
in pursuance of the aforesaid section four as amended by section eleven
of this Act [section 1 of this title], may be enforced as provided in
section seventeen of the river and harbor Act of March third, eighteen
hundred and ninety-nine [section 413 of this title], the provisions
whereof are hereby made applicable to the said regulations.''
The last paragraph of section 1 of this title is also from a part of
section 6 of act June 13, 1902.
Except for the last proviso of subsec. (a), this section was from
act Aug. 18, 1894.
Amendments
1988--Subsec. (a). Pub. L. 100-448 inserted at end ``Any rules and
regulations made in pursuance of this section shall, to the extent
practical and feasible, provide for regularly scheduled openings of
drawbridges during seasons of the year, and during times of the day,
when scheduled openings would help reduce motor vehicle traffic delays
and congestion on roads and highways linked by drawbridges.''
1983--Subsec. (a). Pub. L. 97-449 substituted ``Secretary of
Transportation'' for ``Secretary of War'' wherever appearing. See
Transfer of Functions note below.
1982--Subsec. (a). Pub. L. 97-322, Sec. 108(a)(1)-(4), designated
existing provisions as subsec. (a); struck out from second sentence
after ``boats,'' the clause ``or who shall unreasonably delay the
opening of said draw after reasonable signal shall have been given,'';
substituted in first proviso ``subsection'' for ``section''; and in
second proviso provided for punishment of ``willful'' violation of rules
and regulations.
Subsecs. (b), (c). Pub. L. 97-322, Sec. 108(a)(5), added subsecs.
(b) and (c).
Change of Name
``Magistrate judge'' substituted in text for ``magistrate'' pursuant
to section 321 of Pub. L. 101-650, set out as a note under section 631
of Title 28, Judiciary and Judicial Procedure. Previously,
``magistrate'' substituted for ``commissioner'' pursuant to Pub. L. 90-
578. See chapter 43 (Sec. 631 et seq.) of Title 28.
Transfer of Functions
Section 6(g)(2) of Pub. L. 89-670 transferred functions, powers, and
duties of Secretary of the Army [formerly War] and other officers and
offices of Department of the Army [formerly War] relating to drawbridge
operating regulations under this section to Secretary of Transportation.
Pub. L. 97-449 amended this section to reflect transfer made by section
6(g)(2) of Pub. L. 89-670, and repealed section 6(g)(2).
