---
kind: "section"
citation: "33 C.F.R. § 401.88"
title: "33"
number: "401.88"
heading: "Power of sale for toll arrears."
url: "https://uscodex.org/cfr/33/401.88"
---

# §401.88. Power of sale for toll arrears.

- (a) Where a vessel has been detained pursuant to [§ 401.87(a)](/cfr/33/401.87.md?p=a) and payment of the tolls and charges or the fine imposed has not been made within a reasonable time after
  - (1) The time of the detention, in the case of arrears of tolls and charges, or
  - (2) The imposition of the fine or penalty, in the case of a violation, the Corporation may direct that the vessel or its cargo or any part thereof be seized and sold subject to and in accordance with an order of a court of competent jurisdiction.
- (b) The Corporation may, after giving such notice as it deems reasonable to the representative of the vessel, sell the vessel or cargo seized pursuant to [paragraph (a)](#a) of this section.
- (c) An amount equal to the cost of the detention, seizure and sale, and
  - (1) The tolls and charges payable, or
  - (2) The fine or penalty imposed on conviction, shall be deducted from the proceeds of a sale pursuant to [paragraph (b)](#b) of this section, and the balance shall be paid to the owner of the vessel or cargo or the mortgagee thereof, as the case may be.

## Notes

### Amendments

[39 FR 10900, Mar. 22, 1974, as amended at 41 FR 12227, Mar. 24, 1976; 47 FR 51124, Nov. 12, 1982; 65 FR 52915, Aug. 31, 2000]

### Authority

Authority: 33 U.S.C. 983(a) and 984(a)(4), as amended; 49 CFR 1.101, unless otherwise noted.

### Source

Source: 39 FR 10900, Mar. 22, 1974, unless otherwise noted.

### Amendments

[39 FR 10900, Mar. 22, 1974, as amended at 41 FR 12227, Mar. 24, 1976; 47 FR 51124, Nov. 12, 1982; 65 FR 52915, Aug. 31, 2000]