46-U.S.C.-70120
§70120 – In Rem Liability For Civil Penalties and Certain Costs
Pathway
Title 46 > Subtitle VII > Chapter 701 > Subchapter I > Section 70120
Details
- Reference: Section 70120
- Legend: §70120 – In Rem Liability For Civil Penalties and Certain Costs
- USCode Year: 2013
Provision Content
(a) Civil Penalties.—Any vessel operated in violation of this chapter or any regulations prescribed under this chapter shall be liable in rem for any civil penalty assessed pursuant to section 70119 for such violation, and may be proceeded against for such liability in the United States district court for any district in which the vessel may be found.
(b) Reimbursable Costs of Service Providers.—A vessel shall be liable in rem for the reimbursable costs incurred by any service provider related to implementation and enforcement of this chapter and arising from a violation by the operator of the vessel of this chapter or any regulations prescribed under this chapter, and may be proceeded against for such liability in the United States district court for any district in which such vessel may be found.
(c) Definitions.—In this subsection—
(1) the term reimbursable costs means costs incurred by any service provider acting in conformity with a lawful order of the Federal government or in conformity with the instructions of the vessel operator; and
(2) the term service provider means any port authority, facility or terminal operator, shipping agent, Federal, State, or local government agency, or other person to whom the management of the vessel at the port of supply is entrusted, for—
(A) services rendered to or in relation to vessel crew on board the vessel, or in transit to or from the vessel, including accommodation, detention, transportation, and medical expenses; and
(B) required handling of cargo or other items on board the vessel.
(Added Pub. L. 108–293, title VIII, §802(a)(2), Aug. 9, 2004, 118 Stat. 1078, §70117; renumbered §70120 and amended Pub. L. 109–241, title IX, §901(l)(2), (3), July 11, 2006, 120 Stat. 565; Pub. L. 109–304, §15(33)(B), (C), Oct. 6, 2006, 120 Stat. 1705; Pub. L. 110–181, div. C, title XXXV, §3529(c)(1), Jan. 28, 2008, 122 Stat. 603.)
Amendments
2008—Pub. L. 110–181 repealed Pub. L. 109–304, §15(33)(B), (C). See 2006 Amendment notes below.
2006—Pub. L. 109–304, §15(33)(B), which directed renumbering identical to that made by Pub. L. 109–241, §901(l)(2), was repealed by Pub. L. 110–181. See Amendment note and Construction of 2006 Amendment note below.
Pub. L. 109–241, §901(l)(2), renumbered section 70117 of this title, as added by Pub. L. 108–293, §802(a)(2), as this section.
Subsec. (a). Pub. L. 109–304, §15(33)(C), which directed amendment identical to that made by Pub. L. 109–241, §901(l)(3), was repealed by Pub. L. 110–181. See Amendment note and Construction of 2006 Amendment note below.
Pub. L. 109–241, §901(l)(3), substituted section 70119 for section 70120.
Construction of 2006 Amendment
Provisions of Pub. L. 109–304 repealed by section 3529(c)(1) of Pub. L. 110–181 to be treated as if never enacted, see section 3529(c)(2) of Pub. L. 110–181, set out as a note under section 9504 of Title 26, Internal Revenue Code.
U.S. Encyclopedia of Law Coverage
46-U.S.C.-60507 in the Legal Encyclopedia: Shipping
In this entry about 46-U.S.C.-60507, 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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