Coast Guard To Seek Penalties

Dispute Could Cost 'Thousands of Dollars'

White's Ferry leaves Loudoun County, on the Virginia side of the Potomac, on its way to Montgomery County in Maryland. (Photos By Ricky Carioti -- The Washington Post)

The U.S. Coast Guard has decided to seek "thousands of dollars" in civil penalties from the owner of historic White's Ferry for alleged licensing violations and for operating the Potomac River crossing in defiance of orders, a Coast Guard spokeswoman said yesterday.

"Sure, good luck," ferry owner Edwin Brown said after learning of the decision last night. "I'd say if they want to make a lot of damn problems, let them come at me."

Lt. Connie Williamson said the Coast Guard had "initiated the civil violation process" for three alleged violations. She declined to specify the exact amount the Coast Guard was seeking but said the violations carry maximum penalties of $71,000. She also said the Coast Guard has not ruled out criminal charges related to violations Sept. 13 and Aug. 18. The violations include operating the vessel with an unlicensed captain, operating without a required certificate of inspection and defying an order from the captain of the port to halt operations, she said.

"We have to use all available options to enforce the law," Williamson said. "We take the stand that we are not punitive, that we're trying to persuade compliance. We don't want to shut down the ferry."

Brown said that his company would fight any fines but that the maximum would be disastrous. "It would put us out of business," he said.

Meanwhile, the ferry has continued to operate between Montgomery and Loudoun counties under an agreement reached Thursday. Under the agreement, the ferry has operated with temporary certification papers while the owner reapplies for full certification. The owner also pledged not to operate the ferry with an unlicensed captain.

The showdown began in August when inspectors discovered an unlicensed captain at the ferry's helm, authorities said. The investigators removed certification papers from the vessel last week after finding the same problem in a follow-up inspection, effectively making it unlawful to operate the ferry. But the ferry continued to carry passengers in defiance of the Coast Guard action until the agreement was reached at noon Thursday, authorities said.

Coast Guard officials have acknowledged that operating the ferry is much less demanding than operating an oceangoing vessel. But they said proper licensing and training to deal with emergencies are still required of ferry captains.

Williamson compared the decision to seek civil penalties to a police officer's decision to issue a traffic ticket. The owner of the ferry could pay the fines or contest them before a hearing officer, she said.