US (United States) Code. Title 46. Subtitle II: Vessels and Seamen. Chapter 105: Coastwise voyages

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Shipping. Merchant Seamen protection and relief

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  • País: Estados Unidos Estados Unidos
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-CITE-

46 USC CHAPTER 105 - COASTWISE VOYAGES 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 105 - COASTWISE VOYAGES

-HEAD-

CHAPTER 105 - COASTWISE VOYAGES

-MISC1-

Sec.

10501. Application.

10502. Shipping articles agreements.

10503. Exhibiting merchant mariners' documents.

10504. Wages.

10505. Advances.

10506. Trusts.

[10507. Repealed.]

10508. General penalties.

10509. Penalty for failing to begin voyage.

AMENDMENTS

1993 - Pub. L. 103-206, title IV, Sec. 415(b), Dec. 20, 1993, 107

Stat. 2438, struck out item 10507 "Duties of shipping

commissioners".

-End-

-CITE-

46 USC Sec. 10501 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 105 - COASTWISE VOYAGES

-HEAD-

Sec. 10501. Application

-STATUTE-

(a) Except for a vessel to which chapter 103 of this title

applies, this chapter applies to a vessel of at least 50 gross tons

as measured under section 14502 of this title, or an alternate

tonnage measured under section 14302 of this title as prescribed by

the Secretary under section 14104 of this title on a voyage between

a port in one State and a port in another State (except an

adjoining State).

(b) This chapter does not apply to a vessel on which the seamen

are entitled by custom or agreement to share in the profit or

result of a voyage.

(c) Unless otherwise provided, this chapter does not apply to a

foreign vessel.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 570; Pub. L. 104-324, title

VII, Sec. 738, Oct. 19, 1996, 110 Stat. 3941.)

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HISTORICAL AND REVISION NOTES

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10501 46:574

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Section 10501 specifies that vessels over 50 gross tons that are

not subject to chapter 103 and are engaged on voyages between two

states (except for adjoining states) are subject to the provisions

of this chapter. Specifically excluded are foreign vessels and

vessels on which seamen share the profits.

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-324 inserted "as measured under

section 14502 of this title, or an alternate tonnage measured under

section 14302 of this title as prescribed by the Secretary under

section 14104 of this title" after "50 gross tons".

-End-

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46 USC Sec. 10502 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 105 - COASTWISE VOYAGES

-HEAD-

Sec. 10502. Shipping articles agreements

-STATUTE-

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

individual in charge shall make a shipping agreement in writing

with each seaman before the seaman commences employment.

(b) The agreement shall include the date and hour on which the

seaman must be on board to begin the voyage.

(c) The agreement may not contain a provision on the allotment of

wages or a scale of provisions.

(d) Each shipping agreement must be signed by the master or

individual in charge or a representative of the owner, charterer,

or managing operator, and by each seaman employed.

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

individual in charge shall maintain the shipping agreement and make

the shipping agreement available to the seaman.

(f) The Secretary shall prescribe regulations requiring shipping

companies to maintain records of seamen on matters of engagement,

discharge, and service. The shipping companies shall make these

records available to the seaman and the Coast Guard on request.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 570; Pub. L. 103-206, title

IV, Sec. 413, Dec. 20, 1993, 107 Stat. 2437.)

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HISTORICAL AND REVISION NOTES

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10502 46:574

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Section 10502 requires the master on a vessel engaged on a

coastwise voyage to sign a shipping agreement with each member of

the crew and lists provisions which must be and provisions which

may not be included in the agreement.

AMENDMENTS

1993 - Subsec. (a). Pub. L. 103-206, Sec. 413(1), amended subsec.

(a) generally. Prior to amendment, subsec. (a) read as follows:

"Before proceeding on a voyage, the master of a vessel to which

this chapter applies shall make a shipping articles agreement in

writing with each seaman on board, declaring the nature of the

voyage or the period of time for which the seaman is engaged."

Subsecs. (d) to (f). Pub. L. 103-206, Sec. 413(2), added subsecs.

(d) to (f).

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10503, 10504, 10505,

10508, 10509 of this title.

-End-

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46 USC Sec. 10503 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 105 - COASTWISE VOYAGES

-HEAD-

Sec. 10503. Exhibiting merchant mariners' documents

-STATUTE-

Before signing the agreement required by section 10502 of this

title, a seaman required by section 8701 of this title to have a

merchant mariner's document shall exhibit to the master a document

issued to the seaman and appropriately endorsed for the capacity in

which the seaman is to serve.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 570.)

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HISTORICAL AND REVISION NOTES

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10503 46:643

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Under section 10503 seamen who are required to have a merchant

mariner's document must exhibit it before signing a shipping

agreement on a coastwise voyage.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8701 of this title.

-End-

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46 USC Sec. 10504 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 105 - COASTWISE VOYAGES

-HEAD-

Sec. 10504. Wages

-STATUTE-

(a) After the beginning of a voyage, a seaman is entitled to

receive from the master, on demand, one-half of the balance of

wages earned and unpaid at each port at which the vessel loads or

delivers cargo during the voyage. A demand may not be made before

the expiration of 5 days from the beginning of the voyage, not more

than once in 5 days, and not more than once in the same port on the

same entry. If a master does not comply with this subsection, the

seaman is released from the agreement required by section 10502 of

this title and is entitled to payment of all wages earned.

Notwithstanding a release signed by a seaman under section 10312 of

this title, a court having jurisdiction may set aside, for good

cause shown, the release and take action that justice requires.

This subsection does not apply to a fishing or whaling vessel or a

yacht.

(b) The master shall pay a seaman the balance of wages due the

seaman within 2 days after the termination of the agreement

required by section 10502 of this title or when the seaman is

discharged, whichever is earlier.

(c) When payment is not made as provided under subsection (b) of

this section without sufficient cause, the master or owner shall

pay to the seaman 2 days' wages for each day payment is delayed.

(d) Subsections (b) and (c) of this section do not apply to:

(1) a vessel engaged in coastwise commerce.

(2) a yacht.

(3) a fishing vessel.

(4) a whaling vessel.

(e) This section applies to a seaman on a foreign vessel when in

harbor of the United States. The courts are available to the seaman

for the enforcement of this section.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 570; Pub. L. 99-36, Sec.

1(a)(5), May 15, 1985, 99 Stat. 67; Pub. L. 99-640, Sec. 10(b)(4),

(5), Nov. 10, 1986, 100 Stat. 3550.)

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HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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10504 46:596

46:597

46:598

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Section 10504 specifies when seamen on coastwise voyages may

obtain portions of their wages. The section does not apply to

fishing vessels, whaling vessels or yachts, and portions of it do

not apply to vessels taking oysters. It does apply to foreign

vessels while in United States ports.

AMENDMENTS

1986 - Subsec. (a). Pub. L. 99-640, Sec. 10(b)(4), struck out

last sentence which read as follows: "However, this subsection

applies to a vessel taking oysters."

Subsec. (d)(3). Pub. L. 99-640, Sec. 10(b)(5), struck out

"(except a vessel taking oysters)" after "vessel".

1985 - Subsec. (d). Pub. L. 99-36 amended subsec. (d) generally,

thereby including reference to a vessel engaged in coastwise

commerce.

EFFECTIVE DATE OF 1985 AMENDMENT

Section 1(b) of Pub. L. 99-36 provided that: "The effective date

of subsection (a)(5) of this section [amending this section] is

August 26, 1983."

-End-

-CITE-

46 USC Sec. 10505 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 105 - COASTWISE VOYAGES

-HEAD-

Sec. 10505. Advances

-STATUTE-

(a)(1) A person may not -

(A) pay a seaman wages in advance of the time when the seaman

has earned the wages;

(B) pay advance wages of the seaman to another person; or

(C) make to another person an order, note, or other evidence of

indebtedness of the wages, or pay another person, for the

engagement of seamen when payment is deducted or to be deducted

from the seaman's wage.

(2) A person violating this subsection is liable to the United

States Government for a civil penalty of not more than $5,000. A

payment made in violation of this subsection does not relieve the

vessel or the master from the duty to pay all wages after they have

been earned.

(b) A person demanding or receiving from a seaman or an

individual seeking employment as a seaman, remuneration for

providing the seaman or individual with employment, is liable to

the Government for a civil penalty of not more than $5,000.

(c) The owner, charterer, managing operator, agent, or master of

a vessel seeking clearance from a port of the United States shall

present the agreement required by section 10502 of this title at

the office of clearance. Clearance may be granted to a vessel only

if this section has been complied with.

(d) This section does not apply to a fishing or whaling vessel or

a yacht.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 571; Pub. L. 99-640, Sec.

10(b)(4), Nov. 10, 1986, 100 Stat. 3550; Pub. L. 103-206, title IV,

Sec. 414, Dec. 20, 1993, 107 Stat. 2437.)

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HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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10505 46:598

46:599

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Section 10505 prohibits any person from paying a seaman on a

coastwise voyage advance wages, or to pay to another person any

form of a seaman's wages prior to the commencement of the seaman's

employment. It also prohibits a person from seeking or receiving

remuneration for providing a seaman with employment. This section

also requires that a vessel comply with this section before

clearing port. It provides penalties for offenses of its

provisions. The section does not apply to fishing vessels, whaling

vessels, or yachts, but does apply to vessels taking oysters.

AMENDMENTS

1993 - Subsec. (a)(2). Pub. L. 103-206, Sec. 414(1), substituted

"$5,000" for "$100".

Subsec. (b). Pub. L. 103-206, Sec. 414(2), substituted "$5,000"

for "$500".

1986 - Subsec. (d). Pub. L. 99-640 struck out last sentence which

read as follows: "However, this section applies to a vessel taking

oysters."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 10506 of this title.

-End-

-CITE-

46 USC Sec. 10506 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 105 - COASTWISE VOYAGES

-HEAD-

Sec. 10506. Trusts

-STATUTE-

Section 10505 of this title does not prevent an employer from

making deductions from the wages of a seaman, with the written

consent of the seaman, if -

(1) the deductions are paid into a trust fund established only

for the benefit of seamen employed by that employer, and the

families and dependents of those seamen (or of those seamen,

families, and dependents jointly with other seamen employed by

other employers, and the families and dependents of the other

seamen); and

(2) the payments are held in trust to provide, from principal

or interest, or both, any of the following benefits for those

seamen and their families and dependents:

(A) medical or hospital care, or both.

(B) pensions on retirement or death of the seaman.

(C) life insurance.

(D) unemployment benefits.

(E) compensation for illness or injuries resulting from

occupational activity.

(F) sickness, accident, and disability compensation.

(G) purchasing insurance to provide any of the benefits

specified in this section.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 571.)

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HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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10506 46:599

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Section 10506 permits deductions to be made from wages of seamen

on coastwise voyages if the deductions are to be used for the

benefit of the seamen or their families.

-End-

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46 USC Sec. 10507 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 105 - COASTWISE VOYAGES

-HEAD-

[Sec. 10507. Repealed. Pub. L. 103-206, title IV, Sec. 415(a), Dec.

20, 1993, 107 Stat. 2438]

-MISC1-

Section, Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 571, related to

duties of shipping commissioners.

-End-

-CITE-

46 USC Sec. 10508 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 105 - COASTWISE VOYAGES

-HEAD-

Sec. 10508. General penalties

-STATUTE-

(a) A master who carries a seaman on a voyage without first

making the agreement required by section 10502 of this title shall

pay to the seaman the highest wage that was paid for a similar

voyage within the 3 months before the time of engagement at the

port or place at which the seaman was engaged. A seaman who has not

signed an agreement is not bound by the applicable regulations,

penalties, or forfeitures.

(b) A master engaging a seaman in violation of this chapter or a

regulation prescribed under this chapter is liable to the United

States Government for a civil penalty of not more than $5,000. The

vessel also is liable in rem for the penalty.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 572; Pub. L. 103-206, title

IV, Sec. 416, Dec. 20, 1993, 107 Stat. 2438.)

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HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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10508 46:575

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Section 10508 provides for a fair wage to be paid to a seaman who

was engaged without a shipping agreement, and also exempts the

seaman under certain conditions from applicable regulations,

penalties or forfeitures. It also provides a penalty for violation

of its provisions.

AMENDMENTS

1993 - Subsec. (b). Pub. L. 103-206 substituted "not more than

$5,000" for "$20".

-End-

-CITE-

46 USC Sec. 10509 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 105 - COASTWISE VOYAGES

-HEAD-

Sec. 10509. Penalty for failing to begin voyage

-STATUTE-

(a) A seaman who fails to be on board at the time contained in

the agreement required by section 10502 of this title, without

having given 24 hours' notice of inability to do so, shall forfeit,

for each hour's lateness, one-half of one day's pay to be deducted

from the seaman's wages if the lateness is recorded in the official

logbook on the date of the violation.

(b) A seaman who does not report at all or subsequently deserts

forfeits all wages.

(c) This section does not apply to a fishing or whaling vessel or

a yacht.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 572.)

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HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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10509 46:576

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This section provides for a reduction in the wages of seamen who

arrive late for voyages, if their late arrival is noted in the

official logbook. It does not apply to fishing vessels, whaling

vessels or yachts.

-End-