US Code

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

46 U.S.C. § 5116

Penalties

(a)
Except as otherwise provided in this section, the owner, charterer, managing operator, agent, master, and individual in charge of a vessel violating this chapter or a regulation prescribed under this chapter are each liable to the United States Government for a civil penalty of not more than $5,000. Each day of a continuing violation is a separate violation. The vessel also is liable in rem for the penalty.
(b)
section 5112(a) of this title The owner, charterer, managing operator, agent, master, and individual in charge of a vessel allowing, causing, attempting to cause, or failing to take reasonable care to prevent a violation of are each liable to the Government for a civil penalty of not more than $10,000 plus an additional amount equal to twice the economic benefit of the overloading. The vessel also is liable in rem for the penalty.
(c)
section 5112(b) of this title The master or individual in charge of a vessel violating is liable to the Government for a civil penalty of not more than $5,000. The vessel also is liable in rem for the penalty.
(d)
section 5113 of this title A person causing or allowing the departure of a vessel from a place within the jurisdiction of the United States in violation of a detention order issued under commits a class A misdemeanor.
(e)
section 5103(b) of this title A person causing or allowing the alteration, concealment, or removal of a mark placed on a vessel under and the regulations prescribed under this chapter, except to make a lawful change or to escape enemy capture in time of war, commits a class A misdemeanor.

Pub. L. 99–509, title V, § 5101(2)100 Stat. 1918 Pub. L. 101–380, title IV, § 4302(d)104 Stat. 538 (, , ; , , .)

Historical and Revision Notes

Revised section 5116

Source: Section (U.S. Code) 46 App. U.S.C. 86i, 88g.

Section 5116 provides penalties for violations of load line requirements. The penalties are raised substantially from existing law to provide a sufficient deterrence against violations of the load line requirements and to conform with the level of penalties throughout the subtitle. The monetary penalties have not been changed since the 1930’s.

Section 5116(a) raises from $1,000 to $5,000 the maximum penalty for violation of a load line provision under this chapter or a regulation promulgated under this chapter.

Section 5116(b) raises from $1,000 to $10,000 the maximum penalty for loading a vessel in such a way as to submerge the load line. In addition, a violator must pay up to two times the amount of the economic benefit of the overloading.

Section 5116(c) raises from $500 to $5,000 the maximum penalty for a violation of the requirement in section 5112(b) that the load line position and draft of a vessel be noted in the logbook.

Section 5116(a)–(c) also states that the vessel is liable in rem for the penalty.

Section 5116(d) raises from $1,000 to $10,000 the maximum penalty for a violation of a detention order and may also include imprisonment for up to one year.

Section 5116(e) raises from $2,000 to $10,000 the maximum penalty for the alteration, removal, or concealment of a load line mark and may also include imprisonment for two years.

Editorial Notes

Amendments

Pub. L. 101–380, § 4302(d)(1)1990—Subsec. (d). , substituted “commits a class A misdemeanor” for “shall be fined not more than $10,000, imprisoned for not more than one year, or both”.

Pub. L. 101–380, § 4302(d)(2)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”.

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.