
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 46USC31304]

 
                           TITLE 46--SHIPPING
 
                    Subtitle III--Maritime Liability
 
         CHAPTER 313--COMMERCIAL INSTRUMENTS AND MARITIME LIENS
 
                          SUBCHAPTER I--GENERAL
 
Sec. 31304. Liability for noncompliance

    (a) If a person makes a contract secured by, or on the credit of, a 
vessel covered by a mortgage filed or recorded under this chapter and 
sustains a monetary loss because the mortgagor or the master or other 
individual in charge of the vessel does not comply with a requirement 
imposed on the mortgagor, master, or individual under this chapter, the 
mortgagor is liable for the loss.
    (b) A civil action may be brought to recover for losses referred to 
in subsection (a) of this section. The district courts have original 
jurisdiction of the action, regardless of the amount in controversy or 
the citizenship of the parties. If the plaintiff prevails, the court 
shall award costs and attorney fees to the plaintiff.

(Pub. L. 100-710, title I, Sec. 102(c), Nov. 23, 1988, 102 Stat. 4740.)

                      Historical and Revision Notes
------------------------------------------------------------------------
          Revised section                Source section (U.S. Code)
------------------------------------------------------------------------
31304.............................  46:941(c)
------------------------------------------------------------------------

    Section 31304 imposes liability on the mortgagor if the mortgagor, 
master, or other individual in charge of the vessel does not comply with 
the statutory requirements. A civil action may be brought in a district 
court of the United States for losses incurred. If the plaintiff 
prevails, the court shall award costs and attorneys fees to the 
plaintiff. This section makes two substantive changes to law. First, is 
the broadening of its coverage from documented vessels covered by a 
preferred mortgage to any vessel covered by a mortgage that is filed or 
recorded under the chapter. The second substantive change repeals the 
liability on the United States Government for losses caused because the 
Secretary did not comply with statutory requirements. This is covered by 
the Federal Tort Claims Act due to the nondiscretionary responsibility 
of the Secretary.
