46 U.S.C. § 2305 — Injunctions

FEDERAL · 46 U.S.C. · Chapter 23

Injunctions

Current through Pub. L. 119-102

Title 46 — Shipping·Ch. 23 — OPERATION OF VESSELS GENERALLY

(a)The district courts of the United States have jurisdiction to enjoin the negligent operation of vessels prohibited by this chapter on the petition of the Attorney General for the United States Government.

(b)When practicable, the Secretary shall—

(1)give notice to any person against whom an action for injunctive relief is considered under this section an opportunity to present that person's views; and

(2)except for a knowing and willful violation, give the person a reasonable opportunity to achieve compliance.

(c)The failure to give notice and opportunity to present views under subsection (b) of this section does not preclude the court from granting appropriate relief.

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(a) The district courts of the United States have jurisdiction to enjoin the negligent operation of vessels prohibited by this chapter on the petition of the Attorney General for the United States Government.
(b) When practicable, the Secretary shall—
(1) give notice to any person against whom an action for injunctive relief is considered under this section an opportunity to present that person's views; and
(2) except for a knowing and willful violation, give the person a reasonable opportunity to achieve compliance.
(c) The failure to give notice and opportunity to present views under subsection (b) of this section does not preclude the court from granting appropriate relief.

46 U.S.C. § 2305 (Injunctions) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Source Credit

History

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 509.)

Editorial Notes

Section 2305 provides injunctive authority to enjoin the negligent operation of vessels. This authority can also be used to enjoin the operation of foreign or domestic vessels on our waters when they are unsuitable for the voyage intended.