Page:United States Statutes at Large Volume 97.djvu/567

 PUBLIC LAW 98-89—AUG. 26, 1983 97 STAT. 535 (c) A person violating any other provision of this chapter or other regulation prescribed under this chapter is liable to the Government for a civil penalty of not more than $1,000. If the violation involves the operation of a vessel, the vessel also is liable in rem for the penalty. (d) When a civil penalty of not more than $200 has been assessed under this chapter, the Secretary may refer the matter of collection of the penalty directly to the United States magistrate of the jurisdiction in which the person liable may be found for collection procedures under supervision of the district court and under an order issued by the court delegating this authority under section 636(b) of title 28. (e) The district courts of the United States have jurisdiction to restrain a violation of this chapter, or to restrain the sale, offer for sale, introduction or delivery for introduction into interstate com- merce, or importation into the United States, of a recreational vessel or associated equipment that the court decides does not conform to safety standarck of the Government. A civil action under this subsection shall be brought by filing a petition by the Attorney General for the Government. When practicable, the Secretary shall give notice to a person against whom an action for injunctive relief is contemplated and provide the person with an opportunity to present views and, except for a knowing and willful violation, shall provide the person with a reasonable opportunity to achieve compli- ance. The failure to give notice and provide the opportunity does not preclude the granting of appropriate relief by the district court. (f) A person is not subject to a penalty under this chapter if the person— (1) establishes that the person did not have reason to know, in exercising reasonable care, that a recreational vessel or associ- ated equipment does not conform with the applicable safety standards of the Government; or (2) holds a certificate issued by the manufacturer of that recreational vessel or associated equipment to the effect that the recreational vessel or associated equipment conforms to all applicable recreational vessel safety standards of the Govern- ment, unless the person knows or reasonably should have known that the recreational vessel or associated equipment does not so conform. (g) Compliance with this chapter or standards, regulations, or orders prescribed under this chapter does not relieve a person from liability at common law or under State law. Collection. 28 USC 636. Notification. [PART C—RESERVED FOR LOAD LINES OF VESSELS] PART D—MARINE CASUALTIES CHAPTER 61—REPORTING MARINE CASUALTIES Sec. 6101. Marine casualties and reporting. 6102. State marine casualty reporting system. 6103. Penalty.

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