46 U.S.C. § 4311
HISTORICAL AND REVISION NOTES | |
Revised section | Source section (U.S. Code) |
4311(a) | 46:1483 |
4311(b) | 46:1484(a) |
4311(c) | 46:1484(b) |
4311(d) | 46:1484(d) |
4311(e) | 46:1485 |
4311(f) | 46:1461(b) |
4311(g) | 46:1489 |
EDITORIAL NOTES
AMENDMENTS2021-Subsecs. (c) to (h). Pub. L. 116-283 added subsec. (c) and redesignated former subsecs. (c) to (g) as (d) to (h), respectively.2006-Subsec. (b)(1). Pub. L. 109-241 inserted a space after "4307(a)". 2004-Subsec. (b). Pub. L. 108-293 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "A person violating section 4307(a)(1) of this title is liable to the United States Government for a civil penalty of not more than $2,000, except that the maximum civil penalty may be not more than $100,000 for a related series of violations. When a corporation violates section 4307(a)(1), any director, officer, or executive employee of the corporation who knowingly and willfully ordered, or knowingly and willfully authorized, a violation is individually liable to the Government for the penalty, in addition to the corporation. However, the director, officer, or executive employee is not liable individually under this subsection if the director, officer, or executive employee can demonstrate by a preponderance of the evidence that-"(1) the order or authorization was issued on the basis of a decision, in exercising reasonable and prudent judgment, that the defect or the nonconformity with standards and regulations constituting the violation would not cause or constitute a substantial risk of personal injury to the public; and"(2) at the time of the order or authorization, the director, officer, or executive employee advised the Secretary in writing of acting under this clause and clause (1) of this subsection."1984-Subsec. (b)(1). Pub. L. 98-557, §8(b), inserted "defect or the" before "nonconformity".Subsec. (f)(1). Pub. L. 98-557, §8(c), inserted provisions relating to advice by the Secretary or manufacturer of the vessel, equipment or component respecting defects creating substantial risk of personal injury to the public.
STATUTORY NOTES AND RELATED SUBSIDIARIES
CHANGE OF NAME"United States magistrate judge" substituted for "United States magistrate" in subsec. (d) pursuant to section 321 of Pub. L. 101-650 set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.
EFFECTIVE DATE OF 2021 AMENDMENT Pub. L. 116-283 title LVXXXIII [LXXXIII], §8316(c), Jan. 1, 2021, 134 Stat. 4700, provided that: "The amendments made in subsections (a) and (b) [amending this section and section 4312 of this title] shall take effect 90 days after the date of the enactment of this section [Jan. 1, 2021], unless the Commandant [of the Coast Guard], prior to the date that is 90 days after the date of the enactment of this section, determines that the use requirement enacted in subsection (a) [see section 4312(b) of this title] would not promote recreational boating safety."