46 U.S.C. § 3318 : Shipping — Vessels And Seamen — Inspection Generally — Inspection And Regulation Of Vessels — Penalties

  • Date:
(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 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.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 517; Pub. L. 98–498, title II, § 211(c), Oct. 19, 1984, 98 Stat. 2304; Pub. L. 99–307, § 1(6), May 19, 1986, 100 Stat. 445; Pub. L. 101–380, title IV, § 4302(b), Aug. 18, 1990, 104 Stat. 538; Pub. L. 104–324, title III, § 310, title VII, § 713, Oct. 19, 1996, 110 Stat. 3919, 3936; Pub. L. 109–304, § 15(13), Oct. 6, 2006, 120 Stat. 1703.)

Historical and Revision Notes

Revised section

Source section (U.S. Code)

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)

Section 3318 provides for a number of specific civil and criminal penalties.


Amendments

2006—Subsec. (f). Pub. L. 109–304 struck out period after “felony”.

1996—Subsec. (a). Pub. L. 104–324, § 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, § 310, designated existing provisions as par. (1) and added par. (2).

Subsec. (j)(1). Pub. L. 104–324, § 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, § 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, § 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, § 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, § 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, § 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, § 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, § 211(c)(2), substituted “$5,000” for “$2,000”.

Subsec. (d). Pub. L. 98–498, § 211(c)(3), substituted “$5,000” for “$2,000”.

Subsec. (e). Pub. L. 98–498, § 211(c)(4), substituted “$10,000” for “$2,000”.

Subsec. (f). Pub. L. 98–498, § 211(c)(5), substituted “$10,000” for “$5,000”.

Subsec. (g). Pub. L. 98–498, § 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, § 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, § 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.

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