---
kind: "section"
citation: "46 U.S.C. § 42108"
title: "46"
title_heading: "Shipping"
number: "42108"
heading: "Penalty for operating under suspended tariff or service contract"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/46/42108"
units:
  - "Subtitle IV — Regulation of Ocean Shipping"
  - "Part B — Actions To Address Foreign Practices"
  - "Chapter 421 — Regulations Affecting Shipping in Foreign Trade"
---

# §42108. Penalty for operating under suspended tariff or service contract


A [common carrier](/usc/46/40102.md?p=7) that accepts or handles cargo for carriage under a tariff or [service contract](/usc/46/40102.md?p=21) that has been suspended under section [42104(d)(1)](/usc/46/42104.md?p=d-1) or [42106(2)](/usc/46/42106.md?p=2) of this title, or after its right to use another tariff or [service contract](/usc/46/40102.md?p=21) has been suspended under those provisions, is liable to the United States Government for a civil penalty of not more than $50,000 for each day that it is found to be operating under a suspended tariff or [service contract](/usc/46/40102.md?p=21).


## Source credit

(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1551.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 42108 | 46 App.:876(k). | June 5, 1920, ch. 250, § 19(k); as added Pub. L. 101–595, title I, § 103(2), Nov. 16, 1990, 104 Stat. 2979; Pub. L. 105–258, title III, § 301, Oct. 14, 1998, 112 Stat. 1915. |