Title 52, Chapter 6, Section 49
( 52-6-49)
(a) Any vessel that fails to take a pilot required under this
chapter or that is operated in violation of any other requirement of
this chapter or the regulations adopted by the commissioners under
the authority of this chapter may be assessed a civil penalty by the
commissioners in an amount not to exceed $25,000.00 per violation.
Any vessel assessed such a penalty shall be liable in rem for the
payment of the penalty amount. (b) The owner, charterer, managing operator, master, or individual
in charge of a vessel that fails to take a pilot required under this
chapter or who violates any other requirement of this chapter or the
regulations adopted by the commissioners under the authority of this
chapter may be assessed a civil penalty by the commissioners in an
amount not to exceed $25,000.00 per violation. (c) Any owner, charterer, managing operator, master, or individual
in charge of a vessel who knowingly and willfully refuses to take a
pilot required under this chapter shall be guilty of a misdemeanor. (d) Any vessel and the owner, charterer, managing operator, master,
or individual in charge of the vessel that fails to take a pilot
required under this chapter or that fails to pay the applicable
pilotage fee when a pilot has been taken shall be liable to the
first pilot who offered pilotage services, in the case of a vessel
failing to take a required pilot, or to the pilot who performed the
pilotage services, in the case of a vessel taking the pilot but
failing to pay the pilotage fee, for the full amount of the
applicable pilotage fee. The pilot is given a lien on the vessel
and its tackle, apparel, and furniture for the collection of the
fees. (e) The liabilities and penalties provided for in this Code section
are cumulative and are in addition to any rights or remedies
available to a pilot or pilots, the commissioners, or to the state
under any other law. |