46-U.S.C.-2305

46-U.S.C.-2305

§2305 – Injunctions

Pathway

Title 46 > Subtitle II > Part A > Chapter 23 > Section 2305

Details

  • Reference: Section 2305
  • Legend: §2305 – Injunctions
  • USCode Year: 2013

Provision Content

(a) The district courts of the United States have jurisdiction to enjoin the negligent operation of vessels prohibited by this chapter on the petition of the Attorney General for the United States Government.

(b) When practicable, the Secretary shall—

(1) give notice to any person against whom an action for injunctive relief is considered under this section an opportunity to present that persons views; and

(2) except for a knowing and willful violation, give the person a reasonable opportunity to achieve compliance.

(c) The failure to give notice and opportunity to present views under subsection (b) of this section does not preclude the court from granting appropriate relief.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 509.)

Historical and Revision Notes
Revised section Source section (U.S. Code)
2305 46:1485

Section 2305 provides injunctive authority to enjoin the negligent operation of vessels. This authority can also be used to enjoin the operation of foreign or domestic vessels on our waters when they are unsuitable for the voyage intended.

U.S. Encyclopedia of Law Coverage

46-U.S.C.-2101 in the Legal Encyclopedia: Shipping

In this entry about 46-U.S.C.-2101, find legal reference material, bibliographies and premiere content related to shipping in the American Encyclopedia of Law, presenting a comprehensive view of the United States shipping-specific issues, written by authorities in the field.

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