
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: 46USC4311]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
              Part B--Inspection and Regulation of Vessels
 
                    CHAPTER 43--RECREATIONAL VESSELS
 
Sec. 4311. Penalties and injunctions

    (a) A person willfully operating a recreational vessel in violation 
of this chapter or a regulation prescribed under this chapter shall be 
fined not more than $5,000, imprisoned for not more than one year, or 
both.
    (b) A person violating section 4307(a)(1) of this title is liable to 
the United States Government for a civil penalty of not more than 
$2,000, except that the maximum civil penalty may be not more than 
$100,000 for a related series of violations. When a corporation violates 
section 4307(a)(1), any director, officer, or executive employee of the 
corporation who knowingly and willfully ordered, or knowingly and 
willfully authorized, a violation is individually liable to the 
Government for the penalty, in addition to the corporation. However, the 
director, officer, or executive employee is not liable individually 
under this subsection if the director, officer, or executive employee 
can demonstrate by a preponderance of the evidence that--
        (1) the order or authorization was issued on the basis of a 
    decision, in exercising reasonable and prudent judgment, that the 
    defect or the nonconformity with standards and regulations 
    constituting the violation would not cause or constitute a 
    substantial risk of personal injury to the public; and
        (2) at the time of the order or authorization, the director, 
    officer, or executive employee advised the Secretary in writing of 
    acting under this clause and clause (1) of this subsection.

    (c) A person violating any other provision of this chapter or other 
regulation prescribed under this chapter is liable to the Government for 
a civil penalty of not more than $1,000. If the violation involves the 
operation of a vessel, the vessel also is liable in rem for the penalty.
    (d) When a civil penalty of not more than $200 has been assessed 
under this chapter, the Secretary may refer the matter of collection of 
the penalty directly to the United States magistrate of the jurisdiction 
in which the person liable may be found for collection procedures under 
supervision of the district court and under an order issued by the court 
delegating this authority under section 636(b) of title 28.
    (e) The district courts of the United States have jurisdiction to 
restrain a violation of this chapter, or to restrain the sale, offer for 
sale, introduction or delivery for introduction into interstate 
commerce, or importation into the United States, of a recreational 
vessel or associated equipment that the court decides does not conform 
to safety standards of the Government. A civil action under this 
subsection shall be brought by filing a petition by the Attorney General 
for the Government. When practicable, the Secretary shall give notice to 
a person against whom an action for injunctive relief is contemplated 
and provide the person with an opportunity to present views and, except 
for a knowing and willful violation, shall provide the person with a 
reasonable opportunity to achieve compliance. The failure to give notice 
and provide the opportunity does not preclude the granting of 
appropriate relief by the district court.
    (f) A person is not subject to a penalty under this chapter if the 
person--
        (1) establishes that the person did not have reason to know, in 
    exercising reasonable care, that a recreational vessel or associated 
    equipment does not conform with the applicable safety standards of 
    the Government or that the person was not advised by the Secretary 
    or the manufacturer of that vessel, equipment or component that the 
    vessel, equipment or component contains a defect which creates a 
    substantial risk of personal injury to the public; or
        (2) holds a certificate issued by the manufacturer of that 
    recreational vessel or associated equipment to the effect that the 
    recreational vessel or associated equipment conforms to all 
    applicable recreational vessel safety standards of the Government, 
    unless the person knows or reasonably should have known that the 
    recreational vessel or associated equipment does not so conform.

    (g) Compliance with this chapter or standards, regulations, or 
orders prescribed under this chapter does not relieve a person from 
liability at common law or under State law.

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 534; Pub. L. 98-557, Sec. 8(b), 
(c), Oct. 30, 1984, 98 Stat. 2862.)

                      Historical and Revision Notes
------------------------------------------------------------------------
          Revised section                Source section (U.S. Code)
------------------------------------------------------------------------
4311(a)...........................  46:1483
4311(b)...........................  46:1484(a)
4311(c)...........................  46:1484(b)
4311(d)...........................  46:1484(d)
4311(e)...........................  46:1485
4311(f)...........................  46:1461(b)
4311(g)...........................  46:1489
------------------------------------------------------------------------

    Section 4311 provides penalties for violating any of the provisions 
of this chapter or a regulation prescribed under this chapter. For a 
willful violation the penalty is a criminal fine; all other penalties 
are civil in nature.
    A person violating any of the prohibited acts specified in section 
4307(a)(1) is subject to a maximum civil penalty that can go as high as 
a $100,000 for a related series of violations. However, the section 
provides for no liability for good faith reliance on certifications of 
compliance by others within the chain of responsibility and for defects 
that are not within an individual's responsibility or control.
    This section also contains an alternate procedure for the collection 
of a civil penalty of not more than $200 through a U.S. magistrate in 
lieu of the civil penalty procedures of the Coast Guard. It also directs 
the district courts of the United States to restrain the sale, offer for 
sale, introduction or delivery for introduction into interstate 
commerce, or importation of a recreational vessel or associated 
equipment that does not conform to applicable safety standards. Finally, 
compliance with this chapter or standards, regulations, or orders does 
not relieve a person from liability at common law or under State law.


                               Amendments

    1984--Subsec. (b)(1). Pub. L. 98-557, Sec. 8(b), inserted ``defect 
or the'' before ``nonconformity''.
    Subsec. (f)(1). Pub. L. 98-557, Sec. 8(c), inserted provisions 
relating to advice by the Secretary or manufacturer of the vessel, 
equipment or component respecting defects creating substantial risk of 
personal injury to the public.

                         Change of Name

    Reference to United States magistrate or to magistrate deemed to 
refer to United States magistrate judge pursuant to section 321 of Pub. 
L. 101-650, set out as a note under section 631 of Title 28, Judiciary 
and Judicial Procedure.
