FEDERAL · 46 U.S.C. · Chapter 41
Penalties
Current through Pub. L. 119-102
If a vessel to which this chapter applies is operated in violation of this chapter or a regulation prescribed under this chapter, the owner, charterer, managing operator, agent, master, and individual in charge are each 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.
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46 U.S.C. § 4106 (Penalties) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Source Credit
History
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 529; Pub. L. 100–540, §3, Oct. 28, 1988, 102 Stat. 2719.)
Editorial Notes
Section 4106 provides a civil penalty of $100 for a violation of this chapter or a regulation under this chapter. The vessel also is liable in rem.
Editorial Notes
Amendments
1988—Pub. L. 100–540 substituted "not more than $5,000" for "$100".
Historical and Revision Notes
Chapter 43 contains the laws applicable to recreational vessels, which originated primarily with the enactment of the Federal Boat Safety Act of 1971 (Public Law 92–75, 85 Stat. 213). That Act embraced a number of activities, but the portion restated in this chapter deals with the establishment of national construction and performance standards for recreational vessels and their associated equipment, the necessary flexible regulatory authority for inspection and testing, Federal preemption, certain necessary prohibited acts, enforcement authority, investigation and reporting requirements, procedures for repair and defect notification, and attendant penalties and injunctive relief. These laws are a direct response to the dramatic increase in the number of recreational boats and the Congressional recognition of the maritime safety problems that recreational boating has imposed upon our more than 25 million miles of waterways.
Editorial Notes
Amendments
2021—Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], §8318(b), Jan. 1, 2021, 134 Stat. 4700, substituted "Exemptions and equivalents" for "Exemptions" in item 4305.
2018—Pub. L. 115–282, title V, §503(b), Dec. 4, 2018, 132 Stat. 4271, added item 4312.
Editorial Notes
Amendments
1988—Pub. L. 100–540 substituted "not more than $5,000" for "$100".
Historical and Revision Notes
Chapter 43 contains the laws applicable to recreational vessels, which originated primarily with the enactment of the Federal Boat Safety Act of 1971 (Public Law 92–75, 85 Stat. 213). That Act embraced a number of activities, but the portion restated in this chapter deals with the establishment of national construction and performance standards for recreational vessels and their associated equipment, the necessary flexible regulatory authority for inspection and testing, Federal preemption, certain necessary prohibited acts, enforcement authority, investigation and reporting requirements, procedures for repair and defect notification, and attendant penalties and injunctive relief. These laws are a direct response to the dramatic increase in the number of recreational boats and the Congressional recognition of the maritime safety problems that recreational boating has imposed upon our more than 25 million miles of waterways.
Editorial Notes
Amendments
2021—Pub. L. 116–283, div. G, title LVXXXIII [LXXXIII], §8318(b), Jan. 1, 2021, 134 Stat. 4700, substituted "Exemptions and equivalents" for "Exemptions" in item 4305.
2018—Pub. L. 115–282, title V, §503(b), Dec. 4, 2018, 132 Stat. 4271, added item 4312.