-CITE-

46 USC CHAPTER 109 - PROCEEDINGS ON UNSEAWORTHINESS 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 109 - PROCEEDINGS ON UNSEAWORTHINESS

-HEAD-

CHAPTER 109 - PROCEEDINGS ON UNSEAWORTHINESS

-MISC1-

Sec.

10901. Application.

10902. Complaints of unfitness.

10903. Proceedings on examination of vessel.

10904. Refusal to proceed.

10905. Complaints in foreign ports.

10906. Discharge of crew for unsuitability.

10907. Permission to make complaint.

10908. Penalty for sending unseaworthy vessel to sea.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 10318 of this title.

-End-

-CITE-

46 USC Sec. 10901 01/06/03

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TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 109 - PROCEEDINGS ON UNSEAWORTHINESS

-HEAD-

Sec. 10901. Application

-STATUTE-

This chapter applies to a vessel of the United States except a

fishing or whaling vessel or a yacht.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 575.)

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HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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10901 46:653

46:654

46:655

46:656

46:658

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Section 10901 provides that chapter 109 applies to all vessels of

the United States except fishing vessels, whaling vessels or

yachts.

-End-

-CITE-

46 USC Sec. 10902 01/06/03

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TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 109 - PROCEEDINGS ON UNSEAWORTHINESS

-HEAD-

Sec. 10902. Complaints of unfitness

-STATUTE-

(a)(1) If the chief and second mates or a majority of the crew of

a vessel ready to begin a voyage discover, before the vessel leaves

harbor, that the vessel is unfit as to crew, hull, equipment,

tackle, machinery, apparel, furniture, provisions of food or water,

or stores to proceed on the intended voyage and require the

unfitness to be inquired into, the master immediately shall apply

to the district court of the United States at the place at which

the vessel is located, or, if no court is being held at the place

at which the vessel is located, to a judge or justice of the peace,

for the appointment of surveyors. At least 2 complaining seamen

shall accompany the master to the judge or justice of the peace.

(2) A master failing to comply with this subsection is liable to

the United States Government for a civil penalty of $500.

(b)(1) Any 3 seamen of a vessel may complain that the provisions

of food or water for the crew are, at any time, of bad quality,

unfit for use, or deficient in quantity. The complaint may be made

to the Secretary, commanding officer of a United States naval

vessel, consular officer, or chief official of the Customs Service.

(2) The Secretary, officer, or official shall examine, or have

examined, the provisions of food or water. If the provisions are

found to be of bad quality, unfit for use, or deficient in

quantity, the person making the findings shall certify to the

master of the vessel which provisions are of bad quality, unfit for

use, or deficient.

(3) The Secretary, officer, or official to whom the complaint was

made shall -

(A) make an entry in the official logbook of the vessel on the

results of the examination; and

(B) submit a report on the examination to the district court of

the United States at which the vessel is to arrive, with the

report being admissible into evidence in any legal proceeding.

(4) The master is liable to the Government for a civil penalty of

not more than $100 each time the master, on receiving the

certification referred to in paragraph (2) of this subsection -

(A) does not provide other proper provisions of food or water,

when available, in place of the provisions certified as of bad

quality or unfit for use;

(B) does not obtain sufficient provisions when the

certification includes a finding of a deficiency in quantity; or

(C) uses provisions certified to be of bad quality or unfit for

use.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 575; Pub. L. 103-206, title

IV, Sec. 422(b), Dec. 20, 1993, 107 Stat. 2439.)

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HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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10902(a) 46:653

10902(b) 46:662

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Section 10902 instructs the crew on making complaints of

unfitness of vessel with regard to equipment and provisions, and

instructs the master on responding to those complaints, and

provides a penalty for violations.

AMENDMENTS

1993 - Subsec. (b)(1). Pub. L. 103-206, Sec. 422(b)(1), inserted

"Secretary," after "The complaint may be made to the" and struck

out "Coast Guard shipping commissioner," after "consular officer,".

Subsec. (b)(2), (3). Pub. L. 103-206, Sec. 422(b)(2), substituted

"The Secretary, officer," for "The officer, commissioner,".

-TRANS-

TRANSFER OF FUNCTIONS

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10903, 10905 of this

title.

-End-

-CITE-

46 USC Sec. 10903 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 109 - PROCEEDINGS ON UNSEAWORTHINESS

-HEAD-

Sec. 10903. Proceedings on examination of vessel

-STATUTE-

(a) On application made under section 10902(a) of this title, the

judge or justice of the peace shall appoint 3 experienced and

skilled marine surveyors to examine the vessel for the defects or

insufficiencies complained of. The surveyors have the authority to

receive and consider evidence necessary to evaluate the complaint.

When the complaint involves provisions of food or water, one of the

surveyors shall be a medical officer of the Public Health Service,

if available. The surveyors shall make a report in writing, signed

by at least 2 of them, stating whether the vessel is fit to proceed

to sea or, if not, in what respect it is unfit, making appropriate

recommendations about additional seamen, provisions, or stores, or

about physical repairs, alterations, or additions necessary to make

the vessel fit.

(b) On receiving the report, the judge or justice of the peace

shall endorse on the report the judgment of the judge or justice on

whether the vessel is fit to proceed on the voyage, and, if not,

whether the vessel may proceed to another port at which the

deficiencies can be corrected. The master and the crew shall comply

with the judgment.

(c) The master shall pay all costs of the survey, report, and

judgment. However, if the complaint of the crew appears in the

report and judgment to have been without foundation, or if the

complaint involved provisions of food or water, without reasonable

grounds, the master or owner may deduct the amount of the costs and

reasonable damages for the detention of the vessel, as determined

by the judge or justice of the peace, from the wages of the

complaining seamen.

(d) A master of a vessel violating this section who refuses to

pay the costs and wages is liable to the United States Government

for a civil penalty of $100 and is liable in damages to each person

injured by the refusal.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 575.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

--------------------------------------------------------------------

10903(a), (b) 46:654

10903(c) 46:659

10903(d) 46:660

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Section 10903 provides for marine surveyors appointed by a judge

or justice of the peace to inspect a vessel on which a complaint of

unfitness was made, for a judge or justice of the peace to judge

the fitness based on the findings, and for the payment of costs of

the inspection by the master or the crew. It also includes a

penalty for noncompliance.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 10904 of this title.

-End-

-CITE-

46 USC Sec. 10904 01/06/03

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TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 109 - PROCEEDINGS ON UNSEAWORTHINESS

-HEAD-

Sec. 10904. Refusal to proceed

-STATUTE-

After a judgment under section 10903 of this title that a vessel

is fit to proceed on the intended voyage, or after the order of a

judgment to make up deficiencies is complied with, if a seaman does

not proceed on the voyage, the unpaid wages of the seaman are

forfeited.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 576.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

--------------------------------------------------------------------

10904 46:655

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Section 10904 provides that if a vessel is found fit to proceed

by a judge or justice of the peace and a seaman refuses to proceed,

the seaman shall forfeit any unpaid wages.

-End-

-CITE-

46 USC Sec. 10905 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 109 - PROCEEDINGS ON UNSEAWORTHINESS

-HEAD-

Sec. 10905. Complaints in foreign ports

-STATUTE-

(a) When a complaint under section 10902(a) of this title is made

in a foreign port, the procedures of this chapter shall be

followed, with a consular officer performing the duties of the

judge or justice of the peace.

(b) On review of the marine surveyors' report, the consular

officer may approve and must certify any part of the report with

which the officer agrees. If the consular officer dissents from any

part of the report, the officer shall certify reasons for

dissenting from that part.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 576.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

--------------------------------------------------------------------

10905 46:656

46:657

--------------------------------------------------------------------

Section 10905 provides that if a complaint of unfitness is made

in a foreign port, a consular officer shall perform the duties of a

judge or justice of the peace.

-End-

-CITE-

46 USC Sec. 10906 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 109 - PROCEEDINGS ON UNSEAWORTHINESS

-HEAD-

Sec. 10906. Discharge of crew for unsuitability

-STATUTE-

When a survey is made at a foreign port, the surveyors shall

state in the report whether, in their opinion, the vessel had been

sent to sea unsuitably provided in any important particular, by

neglect or design or through mistake or accident. If by neglect or

design, and the consular officer approves the finding, the officer

shall discharge a seaman requesting discharge and shall require the

master to pay one month's wages to that seaman in addition to wages

then due, or sufficient money for the return of the seaman to the

nearest and most convenient port of the United States, whichever is

the greater amount.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 576.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

--------------------------------------------------------------------

10906 46:658

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Section 10906 provides that if a consular officer finds that a

vessel has been sent to sea in an unsuitable state, a crew member

requesting discharge must be paid one month's additional wages and

passage to the United States.

-End-

-CITE-

46 USC Sec. 10907 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 109 - PROCEEDINGS ON UNSEAWORTHINESS

-HEAD-

Sec. 10907. Permission to make complaint

-STATUTE-

(a) A master may not refuse to permit, deny the opportunity to,

or hinder a seaman who wishes to make a complaint authorized by

this chapter.

(b) A master violating this section is liable to the United

States Government for civil penalty of $500.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 577.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

--------------------------------------------------------------------

10907 46:653

46:664

--------------------------------------------------------------------

Section 10907 prohibits a master from hindering a seaman from

making a complaint authorized by this chapter and subjects the

master to a fine for violation of this section.

-End-

-CITE-

46 USC Sec. 10908 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 109 - PROCEEDINGS ON UNSEAWORTHINESS

-HEAD-

Sec. 10908. Penalty for sending unseaworthy vessel to sea

-STATUTE-

A person that knowingly sends or attempts to send, or that is a

party to sending or attempting to send, a vessel of the United

States to sea, in an unseaworthy state that is likely to endanger

the life of an individual, shall be fined not more than $1,000,

imprisoned for not more than 5 years, or both.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 577.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

--------------------------------------------------------------------

10908 46:658

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Section 10908 provides a penalty for a person knowingly sending

or attempting to send an unseaworthy vessel to sea.

-End-