5. 某輪在美國 Los Angeles 進行加油作業。因管輪對液位顯示儀器在使用前,未依 ISM 作校測,過程中未到現場採實測監控,以不正確任事態度,依故障儀表顯示進行作業,致燃油滿溢自通風口至甲板,部份流入海中。開航前船長收到USCG 來函如下。
Master, MV XXX
CAPTAIN OF THE PORT ORDER 2050>-013 TO RESTRICT VESSEL MOVEMENT
By the authority of the Ports and Watcyways Safety Act, 33 U.S.C. 1221 et. seq., and by Title 33,
Code of Federal Regulations, Part 160, vested in me as the Captain oftbe Port, I hereby issue this otder to your vessel to insure the safety of vessels and waterfront facilities, and the protection of the navigable waters and the resoutces therein.
You are hereby ordered:
To remain within the Port of Los Angeles - Long Beach, until the oil has been cleaned to the satisfuction of the Unified Command.
To remain at berth until I rescind this order in writing.
PENALTY FOR VIOLATING THIS ORDER
Section 1232 of Title 33 U.S. Code provides the penalties for violation of this order. The statute, as amended by the Federal Civil Penaltics Inflation Adjustment Act of 1990 and Coast Guard regulations, authorizes a maximum civil penalty in the amount of $32,500 for each violation. The statute further states that:
"Any vessel subject to the provisions of this chapter, which is used in violation of this chapter, or any regulations issued hereunder, shall be liable in rem for any civil penalty assessed ... and may be proceeded against in the Umted States district court for any district in which such vessel. may be found."
A willful and knowing violation of this order may also result in a class D felony criminal charge. A class D felony is punishable by a fine of up to $250,000 or more and/or confinement from five to ten years
APPEAL OF THIS ORDER
Should you be aggrieved by this order, you may appeal under the procedures describcd in Title 33, Code of Federal Regulations, Section 160.7, appeal orally or in writing to the official who illsued this order or in whose name it was issued. Should you be further aggrieved, appeal orally or in writing through this office to the Commander, Eleventh Coast Guard District. However, if the appeal is made orally, a written submission is required within 5 days of the oral presentation.
阿摩線上測驗
登入