Title 46 — Shipping
Part B · Chapter 33 — Inspection Generally
§ 3318. Penalties
Statutory text
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.
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.
A person commits a class D felony if the person—
alters or services lifesaving, fire safety, or any other equipment subject to this part for compensation; and
by that alteration or servicing, intentionally renders that equipment unsafe and unfit for the purpose for which it is intended.
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.
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.
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.
A person commits a class D felony if the person—
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;
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;
with fraudulent intent, possesses any such mark, stamp, or other device knowing it to be forged or counterfeited; or
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.
A person is liable to the Government for a civil penalty of not more than $5,000, if the person—
interferes with the inspection of a nautical school vessel;
violates a regulation prescribed for a nautical school vessel;
is an owner of a nautical school vessel operated in violation of this part; or
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.
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.
A person violating section 3309(c) of this title is liable to the Government for a civil penalty of not more than $1,000.
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.
A person is not liable for a penalty under this subsection if—
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;
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
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.
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.
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 98–89 · 97 Stat. 500
Enacted · 46 U.S.C. § 3318
Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 517
Source evidence
Code source credit
Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 517Maritime Safety Act of 1984
Pub. L. 98–498 § 211(c)(1) · 98 Stat. 2296
Substituted · 46 U.S.C. § 3318(a)
Pub. L. 98–498, § 211(c)(1), substituted “Except as otherwise provided in this part, the” for “The”
Substituted · 46 U.S.C. § 3318(a)
Pub. L. 98–498, § 211(c)(1), substituted “not more than $5,000” for “$1,000, except that when the violation involves operation of a barge, the penalty is $500”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(1) Subsection (a) is amended by— (A) striking “The” the first time it appears and substituting “Except as otherwise provided in this part, the”; and (B) striking “$1,000, except that when the violation involves operation of a barge, the penalty is $500.”, and substituting “not more than $5,000.”.Maritime Safety Act of 1984
Pub. L. 98–498 § 211(c)(2) · 98 Stat. 2296
Substituted · 46 U.S.C. § 3318(c)
Pub. L. 98–498, § 211(c)(2), substituted “$5,000” for “$2,000”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 98–498, § 211(c)(2), substituted “$5,000” for “$2,000”.Enacted provision · exact public law section
(2) Subsection (c) is amended by striking “$2,000,“ and substituting “$5,000,”.Maritime Safety Act of 1984
Pub. L. 98–498 § 211(c)(3) · 98 Stat. 2296
Substituted · 46 U.S.C. § 3318(d)
Pub. L. 98–498, § 211(c)(3), substituted “$5,000” for “$2,000”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 98–498, § 211(c)(3), substituted “$5,000” for “$2,000”.Enacted provision · exact public law section
(3) Subsection (d) is amended by striking “$2,000,” and substituting “$5,000,”.Maritime Safety Act of 1984
Pub. L. 98–498 § 211(c)(4) · 98 Stat. 2296
Substituted · 46 U.S.C. § 3318(e)
Pub. L. 98–498, § 211(c)(4), substituted “$10,000” for “$2,000”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 98–498, § 211(c)(4), substituted “$10,000” for “$2,000”.Enacted provision · exact public law section
(4) Subsection (e) is amended by striking “$2,000,” and substituting “$10,000,”.Maritime Safety Act of 1984
Pub. L. 98–498 § 211(c)(5) · 98 Stat. 2296
Substituted · 46 U.S.C. § 3318(f)
Pub. L. 98–498, § 211(c)(5), substituted “$10,000” for “$5,000”
Source evidence
Code amendment note
Subsec. (f). Pub. L. 98–498, § 211(c)(5), substituted “$10,000” for “$5,000”.Enacted provision · exact public law section
(5) Subsection (f) is amended by striking “$5,000,” and substituting “$10,000,”.Maritime Safety Act of 1984
Pub. L. 98–498 § 211(c)(6) · 98 Stat. 2296
Substituted · 46 U.S.C. § 3318(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”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(6) Subsection (g) is amended by striking “shall be fined not more than $10,000, imprisoned for not more than one year, or both,” and substituting “is liable to the Government for a civil penalty of not more than $5,000,”.Maritime Safety Act of 1984
Pub. L. 98–498 § 211(c)(7) · 98 Stat. 2296
Substituted · 46 U.S.C. § 3318(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.”
Source evidence
Code amendment note
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.”Enacted provision · exact public law section
(7) Subsection (h) is amended by striking “United States Government for a civil penalty of not more than $500.” and substituting “Government for a civil penalty of not more than $1,000.”.Maritime Safety Act of 1984
Pub. L. 98–498 § 211(c)(8) · 98 Stat. 2296
Added · 46 U.S.C. § 3318(i)(l)
Pub. L. 98–498, § 211(c)(8), added subsecs. (i) to (l)
Source evidence
Code amendment note
Subsecs. (i) to (l). Pub. L. 98–498, § 211(c)(8), added subsecs. (i) to (l).Enacted provision · exact public law section
(8) At the end add the following: “(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, 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 331 1(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. “(i) 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. 99–307 § 1(6) · 100 Stat. 444
Substituted · 46 U.S.C. § 3318(f)
Pub. L. 99–307 in provision preceding par. (1) substituted “than” for “then” in two places
Source evidence
Code amendment note
Subsec. (f). Pub. L. 99–307 in provision preceding par. (1) substituted “than” for “then” in two places.Enacted provision · exact public law section
(1) In section 2101(14)(C), strike “Material” and substitute “Materials”.Oil Pollution Act of 1990
Pub. L. 101–380 § 4302(b)(1) · 104 Stat. 484
Substituted · 46 U.S.C. § 3318(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”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(1) in subsection (b) by striking “shall be fined not more than $10,000, imprisoned for not more than 5 years, or both.” and inserting “commits a class D felony.”;Effective date note
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.Oil Pollution Act of 1990
Pub. L. 101–380 § 4302(b)(2) · 104 Stat. 484
Substituted · 46 U.S.C. § 3318(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”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(2) in subsection (c) by striking “shall be fined not more than $5,000, imprisoned for not more than 5 years, or both.” and inserting “commits a class D felony.”;Effective date note
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.Oil Pollution Act of 1990
Pub. L. 101–380 § 4302(b)(3) · 104 Stat. 484
Substituted · 46 U.S.C. § 3318(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”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(3) in subsection (d) by striking “shall be fined not more than $5,000, imprisoned for not more than 5 years, or both.” and inserting “commits a class D felony.”;Effective date note
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.Oil Pollution Act of 1990
Pub. L. 101–380 § 4302(b)(4) · 104 Stat. 484
Substituted · 46 U.S.C. § 3318(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”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(4) in subsection (e) by striking “shall be fined not more than $10,000, imprisoned for not more than 2 years, or both.” and inserting “commits a class A misdemeanor.”; andEffective date note
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.Oil Pollution Act of 1990
Pub. L. 101–380 § 4302(b)(5) · 104 Stat. 484
Substituted · 46 U.S.C. § 3318(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,”
Source evidence
Code amendment note
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,”.Enacted provision · exact public law section
(5) in the matter preceding paragraph (1) of subsection (f) by striking “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,” and inserting “commits a class D felony.”.Effective date note
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.Coast Guard Authorization Act of 1996
Pub. L. 104–324 § 713(1) · 110 Stat. 3901
Inserted · 46 U.S.C. § 3318(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”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(1) in subsection (a), by inserting after “100 gross tons” the following: “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”; andCoast Guard Authorization Act of 1996
Pub. L. 104–324 § 310 · 110 Stat. 3901
Amended · 46 U.S.C. § 3318(b)(1)
Pub. L. 104–324, § 310, designated existing provisions as par. (1)
Added · 46 U.S.C. § 3318(b)(1)
Pub. L. 104–324, § 310, added par. (2)
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 104–324, § 310, designated existing provisions as par. (1) and added par. (2).Enacted provision · exact public law section
SEC. 310. PENALTY FOR ALTERATION OF MARINE SAFETY EQUIPMENT. Section 3318(b) of title 46, United States Code, is amended— (1) by inserting “(1)” before “A person”; and (2) by adding at the end thereof the following: “(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.”.Coast Guard Authorization Act of 1996
Pub. L. 104–324 § 713(2) · 110 Stat. 3901
Inserted · 46 U.S.C. § 3318(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”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(2) in subsection (j)(1), by inserting after “1,600 gross tons” the following: “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”.Pub. L. 109–304 § 15(13) · 120 Stat. 1485
Struck · 46 U.S.C. § 3318(f)
Pub. L. 109–304 struck out period after “felony”
Source evidence
Code amendment note
Subsec. (f). Pub. L. 109–304 struck out period after “felony”.Enacted provision · exact public law section
(13) In section 3318(f), strike the period after “felony”.
20 of 21 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| Historical and Revision Notes | |
|---|---|
| Revised section | Source section (U.S. Code) |
| 3318 | 46:369(e)46:390d46:39846:40346:40746:40846:41046:41346:43646:481(d)46:1295f(d)(2), (3) |
Section 3318 provides for a number of specific civil and criminal penalties.
Editorial Notes
Amendments1984–2006 · 5 rounds
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).
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by Pub. L. 101–380 applicable to incidents occurring after , 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.
Effective Date
Section effective , see section 2(g)(1) of Pub. L. 98–89, set out as a note under section 3101 of this title.
Credits
1983–2006 · 6 acts
- 1983Pub. L. 98–89, , 97 Stat. 517
- 1984Pub. L. 98–498, title II, § 211(c), , 98 Stat. 2304
- 1986Pub. L. 99–307, § 1(6), , 100 Stat. 445
- 1990Pub. L. 101–380, title IV, § 4302(b), , 104 Stat. 538
- 1996Pub. L. 104–324, title III, § 310, title VII, § 713, , 110 Stat. 3919, 3936
- 2006Pub. L. 109–304, § 15(13), , 120 Stat. 1703.
Show as published
(Pub. L. 98–89, , 97 Stat. 517; Pub. L. 98–498, title II, § 211(c), , 98 Stat. 2304; Pub. L. 99–307, § 1(6), , 100 Stat. 445; Pub. L. 101–380, title IV, § 4302(b), , 104 Stat. 538; Pub. L. 104–324, title III, § 310, title VII, § 713, , 110 Stat. 3919, 3936; Pub. L. 109–304, § 15(13), , 120 Stat. 1703.)