Title 46

SECTION 42.07-50

42.07-50 Penalties for violations.

§ 42.07-50 Penalties for violations.

(a) The penalties for violation of various provisions of the load line acts or the regulations established thereunder are set forth in 46 U.S.C. 5116. The Secretary of Transportation by 49 CFR 1.46(b) has transferred to the Commandant authority to assess, collect, remit or litigate any monetary penalty imposed under these laws.

(b) The master and/or owner of a vessel that is operated, navigated, or used in violation of the provisions of the load line acts, or the regulations in this subchapter will be subject to the penalties as set forth in law, and the vessel shall also be liable therefor. Depending upon the gravity of the violations, the Coast Guard may do any one or more of the following:

(1) Detain a vessel if deemed to be overloaded in violation of title 46 U.S.C. 5112, in accordance with 46 U.S.C. 5113 and have the vessel surveyed by three disinterested surveyors.

(2) Assess and collect applicable monetary penalties for certain violations as provided in 46 U.S.C. 5112 and 5116.

(3) Initiate a criminal prosecution for certain violations when required by 46 U.S.C. 5112 or 5116.

(4) Initiate an action of libel against the vessel involved if there is a failure to pay monetary penalties assessed.

(5) Initiate a suspension or revocation proceeding, in addition to the foregoing actions described in this paragraph against any officer or seaman holding a valid Coast Guard credential and who may violate any provision of the load line acts, the 1966 Convention, or the regulations in this subchapter, under the provisions of 46 U.S.C. chapter 77, and the regulations in 46 CFR part 5.

(c) In determining offenses, 46 U.S.C. 5116 provides that ‘Each day of a continuing violation is a separate violation’ and

(d) The procedures governing the assessment, collection, remission and litigation of any monetary penalty proposed under 46 U.S.C. 5116 for a violation of either load line law or the applicable regulations in this subchapter, as well as the appeal procedures to be allowed, are in 33 CFR subpart 1.07.

[CGFR 68-60, 33 FR 10054, July 12, 1968, as amended by CGFR 68-126, 34 FR 9012, June 5, 1969; CGD 80-120, 47 FR 5722, Feb. 8, 1982; CGD 97-057, 62 FR 51043, Sept. 30, 1997; USCG-2006-24371, 74 FR 11265, Mar. 16, 2009]

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