skip navigation



NOTES:


Source

(Pub. L. 100–710, title I, § 102(c), Nov. 23, 1988, 102 Stat. 4740.)

Historical and Revision Notes
Revised section Source section (U.S. Code)
31304 46:941(c)

Section 31304 imposes liability on the mortgagor if the mortgagor, master, or other individual in charge of the vessel does not comply with the statutory requirements. A civil action may be brought in a district court of the United States for losses incurred. If the plaintiff prevails, the court shall award costs and attorneys fees to the plaintiff. This section makes two substantive changes to law. First, is the broadening of its coverage from documented vessels covered by a preferred mortgage to any vessel covered by a mortgage that is filed or recorded under the chapter. The second substantive change repeals the liability on the United States Government for losses caused because the Secretary did not comply with statutory requirements. This is covered by the Federal Tort Claims Act due to the nondiscretionary responsibility of the Secretary.


LII has no control over and does not endorse any external Internet site that contains links to or references LII.