§ 533. — Penalties for violations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC533]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 11--BRIDGES OVER NAVIGABLE WATERS
SUBCHAPTER III--GENERAL BRIDGE AUTHORITY
Sec. 533. Penalties for violations
(a) Criminal penalties for violation
Any person who willfully fails or refuses to comply with any lawful
order of the Secretary of Transportation or the Chief of Engineers
issued under the provisions of this subchapter, or who willfully fails
to comply with any specific condition imposed by the Chief of Engineers
and the Secretary of Transportation relating to the maintenance and
operation of bridges, or who willfully refuses to produce books, papers,
or documents in obedience to a subpena or other lawful requirement under
this subchapter, or who otherwise willfully violates any provisions of
this subchapter, shall, upon conviction thereof, be punished by a fine
of not to exceed $5,000 or by imprisonment for not more than one year,
or by both such fine and imprisonment.
(b) Civil penalties for violation; separate offenses; notice and
hearing; assessment, collection, and remission; civil actions
Whoever violates any provision of this subchapter, or any order
issued under this subchapter, shall be liable to a civil penalty of not
more than $1,000. Each day a violation continues shall be deemed a
separate offense. 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. 2, 1946, ch. 753, title V, Sec. 510, 60 Stat. 849; Pub. L. 97-322,
title I, Sec. 108(d), Oct. 15, 1982, 96 Stat. 1584; Pub. L. 97-449,
Sec. 2(d)(1), Jan. 12, 1983, 96 Stat. 2440.)
Amendments
1983--Subsec. (a). Pub. L. 97-449 substituted ``Secretary of
Transportation'' for ``Secretary of War'' wherever appearing. See
Transfer of Functions note below.
1982--Pub. L. 97-322 designated existing provisions as subsec. (a),
made willfulness an element of the described offenses, and added subsec.
(b).
Transfer of Functions
Section 6(g)(6)(C) of Pub. L. 89-670 transferred functions, powers,
and duties of Secretary of the Army [formerly War] and other offices and
officers of Department of the Army [formerly War] under this subchapter
to extent that they relate generally to location and clearances of
bridges and causeways in navigable waters of United States to Secretary
of Transportation. Pub. L. 97-449 amended this section to reflect
transfer made by section 6(g)(6)(C) of Pub. L. 89-670, and repealed
section 6(g)(6)(C).
