---
kind: "section"
citation: "46 U.S.C. § 58104"
title: "46"
title_heading: "Shipping"
number: "58104"
heading: "Willful violation constitutes breach of contract or charter"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/46/58104"
units:
  - "Subtitle V — Merchant Marine"
  - "Part G — Restrictions and Penalties"
  - "Chapter 581 — Restrictions and Penalties"
---

# §58104. Willful violation constitutes breach of contract or charter


A willful violation of any provision of sections 58101–58103 of this title constitutes a breach of the contract or charter. On determining that a violation has occurred, the [Secretary](/usc/46/53101.md?p=8) of Transportation may declare the contract or charter rescinded.


## Source credit

(Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1672.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 58104 | 46 App.:1223(f). | June 29, 1936, ch. 858, title VIII, § 805(f), 49 Stat. 2014; Pub. L. 97–31, § 12(122), Aug. 6, 1981, 95 Stat. 164. |

The words “in force under this chapter” and “forthwith” are omitted as unnecessary. The words “and any person willfully violating the provisions of this section shall be guilty of a misdemeanor” are omitted because section 3559 of title 18 provides for the classification of offenses. See the revision notes for section 58109 of the revised title.