
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 46USC3318]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
              Part B--Inspection and Regulation of Vessels
 
                    CHAPTER 33--INSPECTION GENERALLY
 
Sec. 3318. Penalties

    (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.\1\ if the person--
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    \1\ So in original. The period probably should be a comma.
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        (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, 
Sec. 211(c), Oct. 19, 1984, 98 Stat. 2304; Pub. L. 99-307, Sec. 1(6), 
May 19, 1986, 100 Stat. 445; Pub. L. 101-380, title IV, Sec. 4302(b), 
Aug. 18, 1990, 104 Stat. 538; Pub. L. 104-324, title III, Sec. 310, 
title VII, Sec. 713, Oct. 19, 1996, 110 Stat. 3919, 3936.)

                      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

    1996--Subsec. (a). Pub. L. 104-324, Sec. 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, Sec. 310, designated existing 
provisions as par. (1) and added par. (2).
    Subsec. (j)(1). Pub. L. 104-324, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 211(c)(2), substituted ``$5,000'' 
for ``$2,000''.
    Subsec. (d). Pub. L. 98-498, Sec. 211(c)(3), substituted ``$5,000'' 
for ``$2,000''.
    Subsec. (e). Pub. L. 98-498, Sec. 211(c)(4), substituted ``$10,000'' 
for ``$2,000''.
    Subsec. (f). Pub. L. 98-498, Sec. 211(c)(5), substituted ``$10,000'' 
for ``$5,000''.
    Subsec. (g). Pub. L. 98-498, Sec. 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, Sec. 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, Sec. 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.
