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33 U.S.C. § 2072 — Violations of Inland Navigational Rules
Federal law — U.S. Code and appendices · legal_authorities
**(a) Liability of operator for civil penalty** Whoever operates a vessel in violation of this chapter, or of any regulation issued thereunder, or in violation of a certificate of alternative compliance issued under Rule 1 is liable to a civil penalty of not more than $5,000 for each violation.
**(b) Liability of vessel for civil penalty; seizure of vessel** Every vessel subject to this chapter, other than a public vessel being used for noncommercial purposes, that is operated in violation of this chapter, or of any regulation issued thereunder, or in violation of a certificate of alternative compliance issued under Rule 1 is liable to a civil penalty of not more than $5,000 for each violation, for which penalty the vessel may be seized and proceeded against in the district court of the United States of any district within which the vessel may be found.
**(c) Assessment of civil penalty by Secretary; collection** The Secretary may assess any civil penalty authorized by this section. No such penalty may be assessed until the person charged, or the owner of the vessel charged, as appropriate, shall have been given notice of the violation involved and an opportunity for a hearing. For good cause shown, the Secretary may remit, mitigate, or compromise any penalty assessed. Upon the failure of the person charged, or the owner of the vessel charged, to pay an assessed penalty, as it may have been mitigated or compromised, the Secretary may request the Attorney General to commence an action in the appropriate district court of the United States for collection of the penalty as assessed, without regard to the amount involved, together with such other relief as may be appropriate.
**(d) Withholding of clearance**
(1) If any owner, operator, or individual in charge of a vesse
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Source file: Laws/federal/codes/united-states-code/title-33/section-2072-violations-of-inland-navigational-rules--54e0fb6760.md
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Source location: Title 33, Chapter 34, § 2072; chapter-034-inland-navigational-rules.md
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**(a) Liability of operator for civil penalty** Whoever operates a vessel in violation of this chapter, or of any regulation issued thereunder, or in violation of a certificate of alternative compliance issued under Rule 1 is liable to a civil penalty of not more than $5,000 for each violation.
**(b) Liability of vessel for civil penalty; seizure of vessel** Every vessel subject to this chapter, other than a public vessel being used for noncommercial purposes, that is operated in violation of this chapter, or of any regulation issued thereunder, or in violation of a certificate of alternative compliance issued under Rule 1 is liable to a civil penalty of not more than $5,000 for each violation, for which penalty the vessel may be seized and proceeded against in the district court of the United States of any district within which the vessel may be found.
**(c) Assessment of civil penalty by Secretary; collection** The Secretary may assess any civil penalty authorized by this section. No such penalty may be assessed until the person charged, or the owner of the vessel charged, as appropriate, shall have been given notice of the violation involved and an opportunity for a hearing. For good cause shown, the Secretary may remit, mitigate, or compromise any penalty assessed. Upon the failure of the person charged, or the owner of the vessel charged, to pay an assessed penalty, as it may have been mitigated or compromised, the Secretary may request the Attorney General to commence an action in the appropriate district court of the United States for collection of the penalty as assessed, without regard to the amount involved, together with such other relief as may be appropriate.
**(d) Withholding of clearance**
(1) If any owner, operator, or individual in charge of a vessel is liable for a penalty under this section, or if reasonable cause exists to believe that the owner, operator, or individual in charge may be subject to a penalty under this section, the Secretary of the Treasury, upon the request of the Secretary, shall with respect to such vessel refuse or revoke any clearance required by [section 60105 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section60105&num=0&edition=prelim).
(2) Clearance or a permit refused or revoked under this subsection may be granted upon filing of a bond or other surety satisfactory to the Secretary.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The International Regulations do not apply to vessels while in the waters of the United States shoreward of the navigational demarcation lines dividing the high seas from harbors, rivers, and other inland waters of the United States.
**(b)** Whenever a vessel subject to the jurisdiction of the United States is in the territorial waters of a foreign state the International Regulations shall be applicable to, and shall be complied with by, that vessel to the extent that the laws and regulations of the foreign state are not in conflict therewith.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Vessels of the United States.—** Except as otherwise provided by law, a vessel of the United States shall obtain clearance from the Secretary of Homeland Security before proceeding from a port or place in the United States—
(1) for a foreign port or place;
(2) for another port or place in the United States if the vessel has on board foreign merchandise for which entry has not been made; or
(3) outside the territorial sea to visit a hovering vessel or to receive merchandise while outside the territorial sea.
**(b) Other Vessels.—** Except as otherwise provided by law, a vessel that is not a vessel of the United States shall obtain clearance from the Secretary before proceeding from a port or place in the United States—
(1) for a foreign port or place;
(2) for another port or place in the United States; or
(3) outside the territorial sea to visit a hovering vessel or to receive or deliver merchandise while outside the territorial sea.
**(c) Regulations.—** The Secretary may by regulation—
(1) prescribe the manner in which clearance under this section is to be obtained, including the documents, data, or information which shall be submitted or transmitted, pursuant to an authorized data interchange system, to obtain the clearance;
(2) permit clearance to be obtained before all requirements for clearance are complied with, but only if the owner or operator of the vessel files a bond in an amount set by the Secretary conditioned on the compliance by the owner or operator with all specified requirements for clearance within a time period (not exceeding 4 business days) established by the Secretary; and
(3) permit clearance to be obtained at a place other than a designated port of entry, under conditions the Secretary may prescribe.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 155, act June 7, 1897, ch. 4, § 1, 30 Stat. 96, defined “sailing vessel”, “steam vessel”, and “under way”.
Section 156, act June 7, 1897, ch. 4, § 1, 30 Stat. 96, defined “visible”.
Section 157, acts June 7, 1897, ch. 4, § 2, 30 Stat. 102; May 25, 1914, ch. 98, 38 Stat. 381; June 30, 1932, ch. 314, pt. II, title V, §§ 501, 502(b), 47 Stat. 415; May 27, 1936, ch. 463, § 1, 49 Stat. 1380; 1946 Reorg. Plan No. 3, §§ 101–104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat 1097; May 21, 1948, ch. 328, § 3, 62 Stat. 249; Aug. 14, 1958, Pub. L. 85–656, § 1, 72 Stat. 612, provided for promulgation of special rules by the Secretary of the department in which the Coast Guard is operating, and covered publication of rules and hearings in connection therewith. See [section 2071 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2071&num=0&edition=prelim).
Section 157a, Pub. L. 88–163, Oct. 30, 1963, 77 Stat. 281, provided for regulations for navigation or operation under bridges over navigable waters.
Section 158, acts June 7, 1897, ch. 4, § 3, 30 Stat. 102; May 21, 1948, ch. 328, § 3, 62 Stat. 249; Aug. 14, 1958, Pub. L. 85–656, § 1, 72 Stat. 612, set out penalties for violations by pilots, engineers, mates, or masters. See [section 2072 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2072&num=0&edition=prelim).
Section 159, acts June 7, 1897, ch. 4, § 4, 30 Stat. 103; May 21, 1948, ch. 328, § 3, 62 Stat. 249; Aug. 14, 1958, Pub. L. 85–656, § 1, 72 Stat. 612, provided for a penalty for violations by vessels. See [section 2072 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2072&num=0&edition=prelim).
#### Effective Date of Repe
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 155 to 159
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 241, acts Feb. 8, 1895, ch. 64, § 1, 28 Stat. 645; Mar. 28, 1958, Pub. L. 85–350, § 1, 72 Stat. 49, required adoption of rules for navigation of Great Lakes and connecting and tributary waters.
Section 242, acts Feb. 8, 1895, ch. 64, § 1, 28 Stat. 645, defined “sailing vessel”, “steam vessel” and “under way”.
Section 243, acts Feb. 8, 1895, ch. 64, § 3, 28 Stat. 649; Feb. 14, 1903, ch. 552, § 10, 32 Stat. 829; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; 1946 Reorg. Plan No. 3, §§ 101–104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, related to authority of Commandant of the Coast Guard to establish necessary regulations. See [section 2071 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2071&num=0&edition=prelim).
Section 244, acts Feb. 8, 1895, ch. 64, § 2, 28 Stat. 649; Mar. 28, 1958, Pub. L. 85–350, § 2, 72 Stat. 49, related to liability of persons and private vessels for violation of provisions. See [section 2072 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2072&num=0&edition=prelim).
#### Effective Date of Repeal
Repeal effective Mar. 1, 1983, pursuant to 47 F.R. 15135, Apr. 8, 1982, see section 7 of Pub. L. 96–591, set out as an Effective Date of 1980 Amendment note under [section 1604 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1604&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 241 to 244
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 301, R.S. § 4233; Aug. 19, 1890, ch. 802, 26 Stat. 320; Feb. 8, 1895, ch. 64, § 1, 28 Stat. 645; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; June 7, 1897, ch. 4, 30 Stat. 96; May 21, 1948, ch. 328, § 4, 62 Stat. 250; Aug. 8, 1953, ch. 386, § 2, 67 Stat. 497, made provision for the adoption of rules for navigation on the Red River of the North and rivers emptying into the Gulf of Mexico and tributaries.
Section 302, R.S. § 4233; Feb. 19, 1895, ch. 102, § 1, 28 Stat. 672; Mar. 3, 1905, ch. 1457, § 10, 33 Stat. 1032; May 21, 1948, ch. 328, § 4, 62 Stat. 250, defined the terms “steam vessel”, “under way”, “visible”, and “distinct blast”.
Section 303, act Feb. 19, 1895, ch. 102, § 3, 28 Stat. 672, set penalties for violation by vessels. See [section 2072 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2072&num=0&edition=prelim).
#### Effective Date of Repeal
Repeal effective Dec. 24, 1981, see section 7 of Pub. L. 96–591, set out as an Effective Date of 1980 Amendment note under [section 1604 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1604&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 301 to 303
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 353, R.S. § 4233A, as added May 21, 1948, ch. 328, § 4, 62 Stat. 256; amended Aug. 14, 1958, Pub. L. 85–656, § 2, 72 Stat. 612, related to establishment of special rules.
Section 354, R.S. § 4233B, as added May 21, 1948, ch. 328, § 4, 62 Stat. 256, related to penalties for violations by pilots, engineers, mates, or masters. See [section 2072 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2072&num=0&edition=prelim).
Section 355, R.S. § 4233C, as added May 21, 1948, ch. 328, § 4, 62 Stat. 257, related to penalties for violation of the rules by a vessel. See [section 2072 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2072&num=0&edition=prelim).
Section 356, acts May 21, 1948, ch. 328, § 5, 62 Stat. 257; Oct. 15, 1966, Pub. L. 89–670, § 6(b)(1), 80 Stat. 938, related to exempted status of Navy and Coast Guard vessels from complying with International Rules of the Road.
#### Effective Date of Repeal
Repeal effective Dec. 24, 1981, see section 7 of Pub. L. 96–591, set out as an Effective Date of 1980 Amendment note under [section 1604 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1604&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 353 to 356
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Federal law — U.S. Code and appendices · legal_authorities
Page 683
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
§ 2072
Section 2011, Pub. L. 96–591, § 2, Dec. 24, 1980, 94 Stat.
3420, related to Rule 11, application of rules of conduct
of vessels in sight of one another.
Section 2012, Pub. L. 96–591, § 2, Dec. 24, 1980, 94 Stat.
3420, related to Rule 12, sailing vessels in sight of one
another.
Section 2013, Pub. L. 96–591, § 2, Dec. 24, 1980, 94 Stat.
3420, related to Rule 13, overtaking vessels in sight of
one another.
Section 2014, Pub. L. 96–591, § 2, Dec. 24, 1980, 94 Stat.
3421; Pub. L. 98–557, § 16(c), Oct. 30, 1984, 98 Stat. 2867, re-
lated to Rule 14, head-on situations for vessels in sight
of one another.
Section 2015, Pub. L. 96–591, § 2, Dec. 24, 1980, 94 Stat.
3421; Pub. L. 104–324, title VII, § 701(2), Oct. 19, 1996, 110
Stat. 3932, related to Rule 15, crossing situations for
vessels in sight of one another.
Section 2016, Pub. L. 96–591, § 2, Dec. 24, 1980, 94 Stat.
3421, related to Rule 16, action by give-way vessels in
sight of one another.
Section 2017, Pub. L. 96–591, § 2, Dec. 24, 1980, 94 Stat.
3421, related to Rule 17, action by stand-on vessels in
sight of one another.
Section 2018, Pub. L. 96–591, § 2, Dec. 24, 1980, 94 Stat.
3422, related to Rule 18, responsibilities between vessels
in sight of one another.
Section 2019, Pub. L. 96–591, § 2, Dec. 24, 1980, 94 Stat.
3422, related to Rule 19, conduct of vessels not in sight
of one another in restricted visibility.
Section 2020, Pub. L. 96–591, § 2, Dec. 24, 1980, 94 Stat.
3423, related to Rule 20, application of rules concerning
lights and shapes.
Section 2021, Pub. L. 96–591, § 2, Dec. 24, 1980, 94 Stat.
3423, related to Rule 21, definitions of lights and shapes.
Section 2022, Pub. L. 96–591, § 2, Dec. 24, 1980, 94 Stat.
342
Source: Supplied 2024 U.S. Code historical extraction · 33 U.S.C. § 2072
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