2016 US Code
Title 46 - Shipping
Subtitle VIII - Miscellaneous
Chapter 805 - Safe Containers for International Cargo
Sec. 80509 - Civil penalty

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Citation 46 U.S.C. § 80509 (2016)
Section Name §80509. Civil penalty
Section Text

(a) In General.—An owner, agent, or custodian who has been notified of an order issued under section 80505 of this title and fails to take reasonable and prompt action to prevent or stop a container subject to the order from being moved in violation of the order is liable to the United States Government for a civil penalty of not more than $5,000 for each container moved. Each day the container remains in service while the order is in effect is a separate violation.

(b) Assessment and Collection.—

(1) In general.—After notice and an opportunity for a hearing, the Secretary of the department in which the Coast Guard is operating shall assess and collect any penalty under this section.

(2) Factors to consider.—In determining the amount of the penalty, the Secretary shall consider the gravity of the violation, the hazards involved, and the record of the person charged with respect to violations of the Convention, this chapter, or regulations prescribed under this chapter.

(3) Remission, mitigation, or compromise.—The Secretary may remit, mitigate, or compromise a penalty under this section.

(4) Enforcement.—If a person fails to pay a penalty under this section, the Secretary shall refer the matter to the Attorney General for collection in an appropriate district court of the United States.

Source Credit

(Pub. L. 109–304, §11, Oct. 6, 2006, 120 Stat. 1698.)

Editorial Notes
Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
80509 46 App.:1505. Pub. L. 95–208, §6, Dec. 13, 1977, 91 Stat. 1478.

In subsection (a), the words "On and after the date the instrument of ratification is deposited by the United States in accordance with the provisions of article VII of the Convention" are omitted as obsolete. The words "liable to the United States Government for a civil penalty" are substituted for "subject to a civil penalty" for consistency in the revised title.

In subsection (b)(2), the words "In determining the amount of" are substituted for "In assessing, remitting, mitigating, or compromising" to eliminate unnecessary words.

Publication Title United States Code, 2012 Edition, Supplement 4, Title 46 - SHIPPING
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 46 - SHIPPING
Subtitle VIII - Miscellaneous
CHAPTER 805 - SAFE CONTAINERS FOR INTERNATIONAL CARGO
Sec. 80509 - Civil penalty
Contains section 80509
Date 2016
Laws In Effect As Of Date January 6, 2017
Positive Law Yes
Disposition standard
Statutes at Large References 91 Stat. 1478
120 Stat. 1698
Public Law References Public Law 95-208, Public Law 109-304
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