US Code

Public Law 119-83 (04/13/2026)

46 U.S.C. § 3318

Penalties

(a)
section 14502 of this titlesection 14302 of this titlesection 14104 of this title Except as otherwise provided in this part, the owner, charterer, managing operator, agent, master, or individual in charge of a vessel operated in violation of this part or a regulation prescribed under this part, and a person violating a regulation that applies to a small passenger vessel, freight vessel of less than 100 gross tons as measured under , or an alternate tonnage measured under as prescribed by the Secretary under , or sailing school vessel, are liable to the United States Government for a civil penalty of not more than $5,000. The vessel also is liable in rem for the penalty.
(b)
(1)
A person that knowingly manufactures, sells, offers for sale, or possesses with intent to sell, any equipment subject to this part, and the equipment is so defective as to be insufficient to accomplish the purpose for which it is intended, commits a class D felony.
(2)
A person commits a class D felony if the person—
(A)
alters or services lifesaving, fire safety, or any other equipment subject to this part for compensation; and
(B)
by that alteration or servicing, intentionally renders that equipment unsafe and unfit for the purpose for which it is intended.
(c)
A person that employs a means or device whereby a boiler may be subjected to a pressure greater than allowed by the terms of the vessel’s certificate of inspection commits a class D felony.
(d)
A person that deranges or hinders the operation of any machinery or device employed on a vessel to denote the state of steam or water in any boiler or to give warning of approaching danger, or permits the water level of any boiler when in operation of a vessel to fall below its prescribed low-water line, commits a class D felony.
(e)
section 3306 of this title A person that alters, defaces, obliterates, removes, or destroys any plans or specifications required by and approved under a regulation prescribed under , with intent to deceive or impede any official of the United States in carrying out that official’s duties, commits a class A misdemeanor.
(f)
A person commits a class D felony if the person—
(1)
section 3306 of this title forges or counterfeits with intent to make it appear genuine any mark or stamp prescribed for material to be tested and approved under or a regulation prescribed under section 3306;
(2)
knowingly uses, affixes, or causes to be used or affixed, any such forged or counterfeited mark or stamp to or on material of any description;
(3)
with fraudulent intent, possesses any such mark, stamp, or other device knowing it to be forged or counterfeited; or
(4)
section 3306 of this title with fraudulent intent, marks or causes to be marked with the trademark or name of another, material required to be tested and approved under or a regulation prescribed under section 3306.
(g)
A person is liable to the Government for a civil penalty of not more than $5,000, if the person—
(1)
interferes with the inspection of a nautical school vessel;
(2)
violates a regulation prescribed for a nautical school vessel;
(3)
is an owner of a nautical school vessel operated in violation of this part; or
(4)
is an officer or member of the board of directors of a school, organization, association, partnership, or corporation owning a nautical school vessel operated in violation of a regulation prescribed for a nautical school vessel.
(h)
section 3304(b) of this title An owner, charterer, managing operator, agent, master, or individual in charge of a vessel that fails to give the notice required by is liable to the Government for a civil penalty of not more than $1,000. The vessel also is liable in rem for the penalty.
(i)
section 3309(c) of this title A person violating is liable to the Government for a civil penalty of not more than $1,000.
(j)
(1)
section 14502 of this titlesection 14302 of this titlesection 14104 of this title An owner, charterer, managing operator, agent, master, or individual in charge of a vessel required to be inspected under this chapter operating the vessel without the certificate of inspection is liable to the Government for a civil penalty of not more than $10,000 for each day during which the violation occurs, except when the violation involves operation of a vessel of less than 1,600 gross tons as measured under , or an alternate tonnage measured under as prescribed by the Secretary under , the penalty is not more than $2,000 for each day during which the violation occurs. The vessel also is liable in rem for the penalty.
(2)
A person is not liable for a penalty under this subsection if—
(A)
section 3309(c) of this title the owner, charterer, managing operator, agent, master, or individual in charge of the vessel has notified the Secretary under ;
(B)
the owner, charterer, managing operator, agent, master, or individual in charge of the vessel has complied with all other directions and requirements for obtaining an inspection under this part; and
(C)
the Secretary believes that unforeseen circumstances exist so that it is not feasible to conduct a scheduled inspection before the expiration of the certificate of inspection.
(k)
section 3311(b) of this title The owner, charterer, managing operator, agent, master, or individual in charge of a vessel failing to comply with a direction issued by the Secretary under is liable to the Government for a civil penalty of not more than $10,000 for each day during which the violation occurs. The vessel also is liable in rem for the penalty.
(l)
A person committing an act described by subsections (b)–(f) of this section is liable to the Government for a civil penalty of not more than $5,000. If the violation involves the operation of a vessel, the vessel also is liable in rem for the penalty.

Pub. L. 98–8997 Stat. 517 Pub. L. 98–498, title II, § 211(c)98 Stat. 2304 Pub. L. 99–307, § 1(6)100 Stat. 445 Pub. L. 101–380, title IV, § 4302(b)104 Stat. 538 Pub. L. 104–324, title III, § 310110 Stat. 3919 Pub. L. 109–304, § 15(13)120 Stat. 1703 (, , ; , , ; , , ; , , ; , title VII, § 713, , , 3936; , , .)

Historical and Revision Notes

Revised section

Source section (U.S. Code)

3318

46:369(e)

46:390d

46:398

46:403

46:407

46:408

46:410

46:413

46:436

46:481(d)

46:1295f(d)(2), (3)

Section 3318 provides for a number of specific civil and criminal penalties.

Editorial Notes

Amendments

Pub. L. 109–3042006—Subsec. (f). struck out period after “felony”.

Pub. L. 104–324, § 713(1)section 14502 of this titlesection 14302 of this titlesection 14104 of this title1996—Subsec. (a). , inserted “as measured under , or an alternate tonnage measured under as prescribed by the Secretary under ” after “100 gross tons”.

Pub. L. 104–324, § 310Subsec. (b)(1). , designated existing provisions as par. (1) and added par. (2).

Pub. L. 104–324, § 713(2)section 14502 of this titlesection 14302 of this titlesection 14104 of this titleSubsec. (j)(1). , inserted “as measured under , or an alternate tonnage measured under as prescribed by the Secretary under ” after “1,600 gross tons”.

Pub. L. 101–380, § 4302(b)(1)1990—Subsec. (b). , substituted “commits a class D felony” for “shall be fined not more than $10,000, imprisoned for not more than 5 years, or both”.

Pub. L. 101–380, § 4302(b)(2)Subsec. (c). , substituted “commits a class D felony” for “shall be fined not more than $5,000, imprisoned for not more than 5 years, or both”.

Pub. L. 101–380, § 4302(b)(3)Subsec. (d). , substituted “commits a class D felony” for “shall be fined not more than $5,000, imprisoned for not more than 5 years, or both”.

Pub. L. 101–380, § 4302(b)(4)Subsec. (e). , substituted “commits a class A misdemeanor” for “shall be fined not more than $10,000, imprisoned for not more than 2 years, or both”.

Pub. L. 101–380, § 4302(b)(5)Subsec. (f). , substituted “commits a class D felony.” for “shall be fined not less than $1,000 but not more than $10,000, and imprisoned for not less than 2 years but not more than 5 years,”.

Pub. L. 99–3071986—Subsec. (f). in provision preceding par. (1) substituted “than” for “then” in two places.

Pub. L. 98–498, § 211(c)(1)1984—Subsec. (a). , substituted “Except as otherwise provided in this part, the” for “The” and “not more than $5,000” for “$1,000, except that when the violation involves operation of a barge, the penalty is $500”.

Pub. L. 98–498, § 211(c)(2)Subsec. (c). , substituted “$5,000” for “$2,000”.

Pub. L. 98–498, § 211(c)(3)Subsec. (d). , substituted “$5,000” for “$2,000”.

Pub. L. 98–498, § 211(c)(4)Subsec. (e). , substituted “$10,000” for “$2,000”.

Pub. L. 98–498, § 211(c)(5)Subsec. (f). , substituted “$10,000” for “$5,000”.

Pub. L. 98–498, § 211(c)(6)Subsec. (g). , substituted “is liable to the Government for a civil penalty of not more than $5,000” for “shall be fined not more than $10,000, imprisoned for not more than one year, or both”.

Pub. L. 98–498, § 211(c)(7)Subsec. (h). , substituted “Government for a civil penalty of not more than $1,000.” for “United States Government for a civil penalty of not more than $500.”

lPub. L. 98–498, § 211(c)(8)lSubsecs. (i) to (). , added subsecs. (i) to ().

Statutory Notes and Related Subsidiaries

Effective Date of 1990 Amendment

Pub. L. 101–380section 1020 of Pub. L. 101–380section 2701 of Title 33Amendment by applicable to incidents occurring after , see , set out as an Effective Date note under , Navigation and Navigable Waters.

Effective Date

section 2(g)(1) of Pub. L. 98–89section 3101 of this titleSection effective , see , set out as a note under .