US (United States) Code. Title 46. Subtitle II. Part B. Chapter 35: Carriage of passengers

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Shipping

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-CITE-

46 USC CHAPTER 35 - CARRIAGE OF PASSENGERS 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 35 - CARRIAGE OF PASSENGERS

-HEAD-

CHAPTER 35 - CARRIAGE OF PASSENGERS

-MISC1-

Sec.

3501. Number of passengers.

3502. List or count of passengers.

3503. Fire-retardant materials.

3504. Notification to passengers.

3505. Prevention of departure.

3506. Copies of laws.

HISTORICAL AND REVISION NOTES

Chapter 35 consolidates the laws that have specific application

to the carriage of passengers. They provide special provisions for

listing and counting the number of passengers on board a vessel,

for notifying the general public of the safety standards that are

applicable, and for related control measures.

-End-

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46 USC Sec. 3501 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 35 - CARRIAGE OF PASSENGERS

-HEAD-

Sec. 3501. Number of passengers

-STATUTE-

(a) Each certificate of inspection issued to a vessel carrying

passengers (except a ferry) shall include a statement on the number

of passengers that the vessel is permitted to carry.

(b) The owner, charterer, managing operator, agent, master, or

individual in charge of a vessel is liable to a person suing them

for carrying more passengers than the number of passengers

permitted by the certificate of inspection in an amount equal to -

(1) passage money; and

(2) $100 for each passenger in excess of the number of

passengers permitted.

(c) An owner, charterer, managing operator, agent, master, or

individual in charge of a vessel that knowingly carries more

passengers than the number of passengers permitted by the

certificate of inspection also shall be fined not more than $100,

imprisoned for not more than 30 days, or both.

(d) The vessel also is liable in rem for a penalty under this

section.

(e) An offshore supply vessel may not carry passengers except in

an emergency.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 519; Pub. L. 99-36, Sec.

1(a)(2), May 15, 1985, 99 Stat. 67.)

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HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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3501 46:404-1

46:451

46:452

46:462

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Section 3501 requires that a vessel carrying passengers,

including a passenger vessel as well as a small passenger vessel

(except a ferry), shall have on the certificate of inspection a

statement as to the number of passengers the vessel is permitted to

carry. It also provides penalties for carrying passengers in excess

of the number permitted.

AMENDMENTS

1985 - Subsec. (a). Pub. L. 99-36, Sec. 1(a)(2)(A), struck out

the comma after "(except a ferry)".

Subsec. (c). Pub. L. 99-36, Sec. 1(a)(2)(B), substituted "carries

more passengers than the number of passengers permitted by the

certificate of inspection" for "violates subsection (b) of this

section".

EFFECTIVE DATE

Chapter effective Apr. 15, 1984, see section 2(g)(1) of Pub. L.

98-89, set out as a note under section 3101 of this title.

-End-

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46 USC Sec. 3502 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 35 - CARRIAGE OF PASSENGERS

-HEAD-

Sec. 3502. List or count of passengers

-STATUTE-

(a) The owner, charterer, managing operator, master, or

individual in charge of the following categories of vessels

carrying passengers shall keep a correct list of passengers

received and delivered from day to day:

(1) vessels arriving from foreign ports (except at United

States Great Lakes ports from Canadian Great Lakes ports).

(2) seagoing vessels in the coastwise trade.

(3) passenger vessels making voyages of more than 300 miles on

the Great Lakes except from a Canadian to a United States port.

(b) The master of a vessel carrying passengers (except a vessel

listed in subsection (a) of this section) shall keep a correct

count of all passengers received and delivered.

(c) Lists and counts required under this section shall be open to

the inspection of designated officials of the Coast Guard and the

Customs Service at all times. The total number of passengers shall

be provided to the Coast Guard when requested.

(d) This section applies to a foreign vessel arriving at a United

States port.

(e) The owner, charterer, managing operator, master, or

individual in charge of a passenger vessel failing to make a list

or count of passengers as required by this section is liable to the

United States Government for a civil penalty of $100. The vessel

also is liable in rem for the penalty.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 519.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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3502 46:460

46:460a

46:461

46:462

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Section 3502 is related to section 3501 and requires the listing

or counting of passengers on certain vessels. This requirement

applies to large as well as small passenger vessels when operating

on the types of voyages enumerated. This section also applies to a

foreign vessel arriving at a port or place in the United States.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-End-

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46 USC Sec. 3503 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 35 - CARRIAGE OF PASSENGERS

-HEAD-

Sec. 3503. Fire-retardant materials

-STATUTE-

(a) A passenger vessel of the United States having berth or

stateroom accommodations for at least 50 passengers shall be

granted a certificate of inspection only if the vessel is

constructed of fire-retardant materials. Before November 1, 2008,

this section does not apply to any vessel in operation before

January 1, 1968, and operating only within the Boundary Line.

(b)(1) When a vessel is exempted from the fire-retardant

standards of this section -

(A) the owner or managing operator of the vessel shall notify

prospective passengers that the vessel does not comply with

applicable fire safety standards due primarily to the wooden

construction of passenger berthing areas;

(B) the owner or managing operator of the vessel may not

disclaim liability to a passenger for death, injury, or any other

loss caused by fire due to the negligence of the owner or

managing operator;

(C) the penalties provided in section 3504(c) of this title

apply to a violation of this subsection; and

(D) the owner or managing operator of the vessel shall notify

the Coast Guard of structural alterations to the vessel, and with

regard to those alterations comply with any noncombustible

material requirements that the Coast Guard prescribes for

nonpublic spaces. Coast Guard requirements shall be consistent

with preservation of the historic integrity of the vessel in

areas carrying or accessible to passengers or generally visible

to the public.

(2) The Secretary shall prescribe regulations under this

subsection on the manner in which prospective passengers are to be

notified.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 519; Pub. L. 99-307, Sec.

1(7)(A), May 19, 1986, 100 Stat. 444; Pub. L. 102-241, Sec. 20,

Dec. 19, 1991, 105 Stat. 2216; Pub. L. 104-324, title XI, Sec.

1133, Oct. 19, 1996, 110 Stat. 3985.)

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HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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3503 46:369(b)

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Section 3503 requires the use of fire retardant materials on a

vessel having berthing facilities for at least 50 passengers. This

requirement in the case of vessels engaged in foreign trade is

consistent with our international treaty obligations, which impose

extensive and additional fire safety standards. A waiver that

grandfathers existing inland river passenger vessels is also

included.

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-324 substituted "Before November

1, 2008, this section does not apply to any vessel in operation

before January 1, 1968, and operating only within the Boundary

Line." for "Before November 1, 1998, this section does not apply to

a vessel in operation before January 1, 1968, and operating only on

the inland rivers."

1991 - Subsec. (a). Pub. L. 102-241, Sec. 20(1), substituted

"1998" for "1993".

Subsec. (b)(1)(D). Pub. L. 102-241, Sec. 20(2), added subpar.

(D).

1986 - Pub. L. 99-307 designated existing provision as subsec.

(a), substituted "November 1, 1993" for "November 1, 1988" and

inserted "in operation before January 1, 1968, and" after "to a

vessel", and added subsec. (b).

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

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NOTIFICATION TO PROSPECTIVE PASSENGERS OF NONCOMPLIANCE WITH

FIRE-RETARDANT STANDARDS

Section 1(7)(B) of Pub. L. 99-307 provided that: "Until the

regulations required by subclause (A) of this clause [see subsec.

(b)(2) of this section] become effective, the owner or managing

operator shall notify prospective passengers in all promotional

literature and on each ticket that the vessel does not comply with

those standards due primarily to the wooden construction of

passenger berthing areas."

-End-

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46 USC Sec. 3504 01/06/03

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TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 35 - CARRIAGE OF PASSENGERS

-HEAD-

Sec. 3504. Notification to passengers

-STATUTE-

(a) A person selling passage on a foreign or domestic passenger

vessel having berth or stateroom accommodations for at least 50

passengers and embarking passengers at United States ports for a

coastwise or an international voyage shall notify each prospective

passenger of the safety standards applicable to the vessel in a

manner prescribed by regulation.

(b) All promotional literature or advertising through any medium

of communication in the United States offering passage or

soliciting passengers for ocean voyages anywhere in the world shall

include information similar to the information described in

subsection (a) of this section, and shall specify the registry of

each vessel named, as a part of the advertisement or description of

the voyage. Except for the inclusion of the country of registry of

the vessel, this subsection does not apply to voyages by vessels

meeting the safety standards described in section 3505 of this

title.

(c) A person violating this section or a regulation prescribed

under this section is liable to the United States Government for a

civil penalty of not more than $10,000. If the violation involves

the sale of tickets for passage, the owner, charterer, managing

operator, agent, master, individual in charge, or any other person

involved in each violation also is liable to the Government for a

civil penalty of $500 for each ticket sold. The vessel on which

passage is sold also is liable in rem for a violation of this

section or a regulation prescribed under this section.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 519.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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3504 46:362(b)

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Section 3504 requires notification to the public of the safety

standards that are applicable to certain foreign flag or United

States passenger vessels. In addition, all promotional literature

or advertising that offers passage or solicits passengers for ocean

voyages anywhere in the world shall include a safety standard

statement and shall specify the registry of the vessel. If the

vessel meets the international standards to which the United States

adheres, then the safety standard statement need not be included.

In all other cases the type of safety standard statement that must

be included is as prescribed by regulation. This section is

intended to place the United States public on notice as to the

degree of fire safety compliance of a foreign-flag passenger vessel

that does not operate or depart from a port or place in the United

States but does embark passengers from the United States at nearby

foreign ports. Departures from foreign ports are undertaken because

the foreign-flag passenger vessel cannot comply with the safety

standards applicable to a United States flag passenger vessel.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3503 of this title.

-End-

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46 USC Sec. 3505 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 35 - CARRIAGE OF PASSENGERS

-HEAD-

Sec. 3505. Prevention of departure

-STATUTE-

Notwithstanding section 3303(a) (!1) of this title, a foreign

vessel may not depart from a United States port with passengers who

are embarked at that port, if the Secretary finds that the vessel

does not comply with the standards stated in the International

Convention for the Safety of Life at Sea to which the United States

Government is currently a party.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 520; Pub. L. 102-587, title

V, Sec. 5210(b), Nov. 4, 1992, 106 Stat. 5076.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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3505 46:362(c)

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Section 3505 prohibits the departure from a United States port or

place of any passenger vessel of more than 100 gross tons having

berthing for at least 50 passengers, if the vessel does not comply

with the international maritime safety standards applicable to

United States vessels.

-REFTEXT-

REFERENCES IN TEXT

Section 3303(a) of this title, referred to in text, was

redesignated section 3303 of this title by Pub. L. 104-324, title

XI, Sec. 1111, Oct. 19, 1996, 110 Stat. 3970.

-MISC2-

AMENDMENTS

1992 - Pub. L. 102-587 substituted "foreign vessel may not

depart" for "foreign or domestic vessel of more than 100 gross tons

having berth or stateroom accommodations for at least 50 passengers

may not depart".

INTERNATIONAL CONVENTION FOR SAFETY OF LIFE AT SEA

For International Conventions for the Safety of Life at Sea to

which the United States has been a party, see section 1602 of Title

33, Navigation and Navigable Waters, and notes thereunder.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3504 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

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46 USC Sec. 3506 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part B - Inspection and Regulation of Vessels

CHAPTER 35 - CARRIAGE OF PASSENGERS

-HEAD-

Sec. 3506. Copies of laws

-STATUTE-

A master of a passenger vessel shall keep on board a copy of this

subtitle, to be provided by the Secretary at reasonable cost. If

the master fails to do so, the master is liable to the United

States Government for a civil penalty of $200.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 520.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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3506 46:492

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Section 3506 requires the master of a passenger vessel to keep on

board a copy of subtitle II of title 46, U.S.C. Copies of the

subtitle shall be provided by the Secretary at reasonable cost.

-End-