Maritime StatutesAs one of the most intricate bodies of law, maritime law consists of several statutes (or legislations) that govern all resources, commerce, accidents, and offenses that pertain to or that transpire in navigable waters. These statutes regulate commercial marine operations, crew member rights, Shipowner liability, and several other procedures both domestically and internationally, and when violated, are the basis by which maritime lawyers can file a maritime claim.

Cases related to maritime statute violations can pertain to a wide range of matters, including the failure of cruise line operators to provide a safe onboard environment, the maintenance and cure rights of seafarers, and the extent of a state’s jurisdiction. Though numerous legislations encompass maritime law, below are some of the most commonly applicable statutes when handling maritime cases.

Table of Contents:

The Jones Act
Cruise Vessel Security and Safety Act
Admiralty Statute of Limitations
Death on the High Seas
Federal Judiciary Act
State Special Maritime Criminal Jurisdiction
Limitation of Liability Act
Provisions Limiting Liability for Personal Injury or Death
Shipowner Contractual Statute of Limitations

The Jones Act

U.S. Code
TITLE 46, APPENDIX–SHIPPING
CHAPTER 18–MERCHANT SEAMEN
SUBCHAPTER VII–PROTECTION AND RELIEF

§ 688. Recovery for injury to or death of seaman

  • (a) Application of railway employee statutes; jurisdictionAny seaman who shall suffer personal injury in the course of his employment may, at his election, maintain an action for damages at law, with the right of trial by jury, and in such action all statutes of the United States modifying or extending the common-law right or remedy in cases of personal injury to railway employees shall apply; and in case of the death of any seaman as a result of any such personal injury the personal representative of such seaman may maintain an action for damages at law with the right of trial by jury, and in such action all statutes of the United States conferring or regulating the right of action for death in the case of railway employees shall be applicable. Jurisdiction in such actions shall be under the court of the district in which the defendant employer resides or in which his principal office is located.
  • (b) Limitation for certain aliens; applicability in lieu of other remedy

(1) No action may be maintained under subsection (a) of this section or under any other maritime law of the United States for maintenance and cure or for damages for the injury or death of a person who was not a citizen or permanent resident alien of the United States at the time of the incident giving rise to the action if the incident occurred–

(A) while that person was in the employ of an enterprise engaged in the exploration, development, or production of offshore mineral or energy resources–including but not limited to drilling, mapping, surveying, diving, pipelaying, maintaining, repairing, constructing, or transporting supplies, equipment or personnel, but not including transporting those resources by (a) 1 vessel constructed or adapted primarily to carry oil in bulk in the cargo spaces; and

(B) in the territorial waters or waters overlaying the continental shelf of a nation other than the United States, its territories, or possessions. As used in this paragraph, the term “continental shelf” has the meaning stated in article I of the 1958 Convention on the Continental Shelf.

(1) The provisions of paragraph (1) of this subsection shall not be applicable if the person bringing the action establishes that no remedy was available to that person–

(A) under the laws of the nation asserting jurisdiction over the area in which the incident occurred; or

(B) under the laws of the nation in which, at the time of the incident, the person for whose injury or death a remedy is sought maintained citizenship or residency.

(Mar. 4, 1915, ch. 153, § 20, 38 Stat. 1185; June 5, 1920, ch. 250, § 33, 41 Stat. 1007; Pub. L. 97-389, title V, § 503(a), Dec. 29, 1982, 96 Stat. 1955.)

REFERENCES IN TEXT

“Statutes of the United States modifying or extending the common-law right or remedy in cases of personal injury, to railway employees” and “statutes of the United States conferring or regulating the right of action for death in the case of railway employees”, referred to in subsec. (a), probably mean acts June 11, 1906, ch. 3073, 34 Stat. 232; Apr. 22, 1908, ch. 149, 35 Stat. 65; Apr. 5, 1910, ch. 143, 36 Stat. 291; and Aug. 11, 1939, ch. 685, 53 Stat. 1404, popularly known as the Employers’ Liability Acts. Act Apr. 22, 1908, ch. 149, 35 Stat. 65, is classified generally to chapter 2 (§ 51 et seq.) of Title 45, Railroads. For complete classification of acts Apr. 22, 1908, Apr. 5, 1910, and Aug. 11, 1939 to the Code, see Short Title note set out under section 51 of Title 45 and Tables.

The 1958 Convention on the Continental Shelf, referred to in subsec. (b)(1)(B), was done at Geneva, April 29, 1958, and entered into force for the United States, June 10, 1964. See 15 UST 471; TIAS 5578.

AMENDMENTS

1982–Pub. L. 97-389 designated existing provisions as subsec. (a) and added subsec. (b).

1920–Act June 5, 1920, amended section generally. Prior to amendment, section read as follows: “In any suit to recover damages for any injury sustained on board vessel or in its service seamen having command shall not be held to be fellow-servants with those under their authority.”

EFFECTIVE DATE OF 1982 AMENDMENT

Section 503(b) of Pub. L. 97-389 provided that: “The amendment made by this section [amending this section] does not apply to any action arising out of an incident that occurred before the date of enactment of this section [Dec. 29, 1982].”

CROSS REFERENCES

Jurisdiction of district courts, see sections 1331 and 1332 of Title 28, Judiciary and Judicial Procedure.

Suits for recovery of damages for personal injury or death, or both, arising out of maritime tort, not maintainable unless commenced within three years from date on which cause of action accrued, see section 763a of this Appendix.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 33 section 903.

Cruise Vessel Security and Safety Act of 2010

TITLE 46. SHIPPING
SUBTITLE II. VESSELS AND SEAMEN
PART B. INSPECTION AND REGULATION OF VESSELS
CHAPTER 35. CARRIAGE OF PASSENGERS
46 USCS § 3507
§ 3507.  Passenger vessel security and safety requirements

  • (a) Vessel design, equipment, construction, and retrofitting requirements.

(1) In general. Each vessel to which this subsection applies shall comply with the following design and construction standards:

(A) The vessel shall be equipped with ship rails that are located not less than 42 inches above the cabin deck.

(B) Each passenger stateroom and crew cabin shall be equipped with entry doors that include peep holes or other means of visual identification.

(C) For any vessel the keel of which is laid after the date of enactment of the Cruise Vessel Security and Safety Act of 2010 [enacted July 27, 2010], each passenger stateroom and crew cabin shall be equipped with–

(i) security latches; and

(ii) time-sensitive key technology.

(D) The vessel shall integrate technology that can be used for capturing images of passengers or detecting passengers who have fallen overboard, to the extent that such technology is available.

(E) The vessel shall be equipped with a sufficient number of operable acoustic hailing or other such warning devices to provide communication capability around the entire vessel when operating in high risk areas (as defined by the United States Coast Guard).

(2) Fire safety codes. In administering the requirements of paragraph (1)(C), the Secretary shall take into consideration fire safety and other applicable emergency requirements established by the U. S. Coast Guard and under international law, as appropriate.

(3) Effective date.

(A) In general. Except as provided in subparagraph (B) the requirements of paragraph (1) shall take effect 18 months after the date of enactment of the Cruise Vessel Security and Safety Act of 2010 [enacted July 27, 2010].

(B) Latch and key requirements. The requirements of paragraph (1) (C) take effect on the date of enactment of the Cruise Vessel Security and Safety Act of 2010 [enacted July 27, 2010].

  • (b) Video recording.

(1) Requirement to maintain surveillance. The owner of a vessel to which this section applies shall maintain a video surveillance system to assist in documenting crimes on the vessel and in providing evidence for the prosecution of such crimes, as determined by the Secretary.

(2) Access to video records. The owner of a vessel to which this section applies shall provide to any law enforcement official performing official duties in the course and scope of an investigation, upon request, a copy of all records of video surveillance that the official believes may provide evidence of a crime reported to law enforcement officials.

  • (c) Safety information.

(1) Criminal activity prevention and response guide. The owner of a vessel to which this section applies (or the owner’s designee) shall–

(A) have available for each passenger a guide (referred to in this subsection as the “security guide”), written in commonly understood English, which–

(i) provides a description of medical and security personnel designated on board to prevent and respond to criminal and medical situations with 24 hour contact instructions;

(ii) describes the jurisdictional authority applicable, and the law enforcement processes available, with respect to the reporting of homicide, suspicious death, a missing United States national, kidnapping, assault with serious bodily injury, any offense to which section 2241, 2242, 2243, or 2244(a) or (c) of title 18 applies, firing or tampering with the vessel, or theft of money or property in excess of $ 10,000, together with contact information for the appropriate law enforcement authorities for missing persons or reportable crimes which arise–

(I) in the territorial waters of the United States;

(II) on the high seas; or

(III) in any country to be visited on the voyage;(B) provide a copy of the security guide to the Federal Bureau of Investigation for comment; and

(B) provide a copy of the security guide to the Federal Bureau of Investigation for comment; and

(C) publicize the security guide on the website of the vessel owner.

(2) Embassy and consulate locations. The owner of a vessel to which this section applies shall provide in each passenger stateroom, and post in a location readily accessible to all crew and in other places specified by the Secretary, information regarding the locations of the United States embassy and each consulate of the United States for each country the vessel will visit during the course of the voyage.

  • (d) Sexual assault. The owner of a vessel to which this section applies shall–

(1) maintain on the vessel adequate, in-date supplies of anti-retroviral medications and other medications designed to prevent sexually transmitted diseases after a sexual assault;

(2) maintain on the vessel equipment and materials for performing a medical examination in sexual assault cases to evaluate the patient for trauma, provide medical care, and preserve relevant medical evidence;

(3) make available on the vessel at all times medical staff who have undergone a credentialing process to verify that he or she–

(A) possesses a current physician’s or registered nurse’s license and–

(i) has at least 3 years of post-graduate or post-registration clinical practice in general and emergency medicine; or

(ii) holds board certification in emergency medicine, family practice medicine, or internal medicine;

(B) is able to provide assistance in the event of an alleged sexual assault, has received training in conducting forensic sexual assault examination, and is able to promptly perform such an examination upon request and provide proper medical treatment of a victim, including administration of anti-retroviral medications and other medications that may prevent the transmission of human immunodeficiency virus and other sexually transmitted diseases; and

(C) meets guidelines established by the American College of Emergency Physicians relating to the treatment and care of victims of sexual assault;

(4) prepare, provide to the patient, and maintain written documentation of the findings of such examination that is signed by the patient; and

(5) provide the patient free and immediate access to–

(A) contact information for local law enforcement, the Federal Bureau of Investigation, the United States Coast Guard, the nearest United States consulate or embassy, and the National Sexual Assault Hotline program or other third party victim advocacy hotline service; and

(B) a private telephone line and Internet-accessible computer terminal by which the individual may confidentially access law enforcement officials, an attorney, and the information and support services available through the National Sexual Assault Hotline program or other third party victim advocacy hotline service.

  • (e) Confidentiality of sexual assault examination and support information. The master or other individual in charge of a vessel to which this section applies shall–

(1) treat all information concerning an examination under subsection (d) confidential, so that no medical information may be released to the cruise line or other owner of the vessel or any legal representative thereof without the prior knowledge and approval in writing of the patient, or, if the patient is unable to provide written authorization, the patient’s next-of-kin, except that nothing in this paragraph prohibits the release of–

(A) information, other than medical findings, necessary for the owner or master of the vessel to comply with the provisions of subsection (g) or other applicable incident reporting laws;

(B) information to secure the safety of passengers or crew on board the vessel; or

(C) any information to law enforcement officials performing official duties in the course and scope of an investigation; and

(2) treat any information derived from, or obtained in connection with, post-assault counseling or other supportive services confidential, so no such information may be released to the cruise line or any legal representative thereof without the prior knowledge and approval in writing of the patient, or, if the patient is unable to provide written authorization, the patient’s next-of-kin.

  • (f) Crew access to passenger staterooms. The owner of a vessel to which this section applies shall–

(1) establish and implement procedures and restrictions concerning–

(A) which crewmembers have access to passenger staterooms; and

(B) the periods during which they have that access; and

(2) ensure that the procedures and restrictions are fully and properly implemented and periodically reviewed.

  • (g) Log book and reporting requirements.

(1) In general. The owner of a vessel to which this section applies shall–

(A) record in a log book, either electronically or otherwise, in a centralized location readily accessible to law enforcement personnel, a report on–

(i) all complaints of crimes described in paragraph (3)(A)(i),
(ii) all complaints of theft of property valued in excess of $ 1,000, and
(iii) all complaints of other crimes,committed on any voyage that embarks or disembarks passengers in the United States; and

(B) make such log book available upon request to any agent of the Federal Bureau of Investigation, any member of the United States Coast Guard, and any law enforcement officer performing official duties in the course and scope of an investigation.

(2) Details required. The information recorded under paragraph (1) shall include, at a minimum–

(A) the vessel operator;

(B) the name of the cruise line;

(C) the flag under which the vessel was operating at the time the reported incident occurred;

(D) the age and gender of the victim and the accused assailant;

(E) the nature of the alleged crime or complaint, as applicable, including whether the alleged perpetrator was a passenger or a crewmember;

(F) the vessel’s position at the time of the incident, if known, or the position of the vessel at the time of the initial report;

(G) the time, date, and method of the initial report and the law enforcement authority to which the initial report was made;

(H) the time and date the incident occurred, if known;

(I) the total number of passengers and the total number of crew members on the voyage; and

(J) the case number or other identifier provided by the law enforcement authority to which the initial report was made.

(3) Requirement to report crimes and other information.

(A) In general. The owner of a vessel to which this section applies (or the owner’s designee)–

(i) shall contact the nearest Federal Bureau of Investigation Field Office or Legal Attache by telephone as soon as possible after the occurrence on board the vessel of an incident involving homicide, suspicious death, a missing United States national, kidnapping, assault with serious bodily injury, any offense to which section 2241, 2242, 2243, or 2244(a) or (c) of title 18 applies, firing or tampering with the vessel, or theft of money or property in excess of $ 10,000 to report the incident;

(ii) shall furnish a written report of the incident to an Internet based portal maintained by the Secretary;

(iii) may report any serious incident that does not meet the reporting requirements of clause (i) and that does not require immediate attention by the Federal Bureau of Investigation via the Internet based portal maintained by the Secretary; and

(iv) may report any other criminal incident involving passengers or crewmembers, or both, to the proper State or local government law enforcement authority.

(B) Incidents to which subparagraph (A) applies. Subparagraph (A) applies to an incident involving criminal activity if–

(i) the vessel, regardless of registry, is owned, in whole or in part, by a United States person, regardless of the nationality of the victim or perpetrator, and the incident occurs when the vessel is within the admiralty and maritime jurisdiction of the United States and outside the jurisdiction of any State;

(ii) the incident concerns an offense by or against a United States national committed outside the jurisdiction of any nation;

(iii) the incident occurs in the Territorial Sea of the United States, regardless of the nationality of the vessel, the victim, or the perpetrator; or

(iv) the incident concerns a victim or perpetrator who is a United States national on a vessel during a voyage that departed from or will arrive at a United States port.

(4) Availability of incident data via internet.

(A) Website. The Secretary shall maintain a statistical compilation of all incidents described in paragraph (3)(A)(i) on an Internet site that provides a numerical accounting of the missing persons and alleged crimes recorded in each report filed under paragraph
(3)(A)(i) that are no longer under investigation by the Federal Bureau of Investigation. The data shall be updated no less frequently than quarterly, aggregated by cruise line, each cruise line shall be identified by name, and each crime shall be identified as to whether it was committed by a passenger or a crew member.

(B) Access to website. Each cruise line taking on or discharging passengers in the United States shall include a link on its Internet website to the website maintained by the Secretary under subparagraph (A).

  • (h) Enforcement

(1) Penalties.

(A) Civil penalty. Any person that violates this section or a regulation under this section shall be liable for a civil penalty of not more than $ 25,000 for each day during which the violation continues, except that the maximum penalty for a continuing violation is $ 50,000.

(B) Criminal penalty. Any person that willfully violates this section or a regulation under this section shall be fined not more than $ 250,000 or imprisoned not more than 1 year, or both.

(2) Denial of entry. The Secretary may deny entry into the United States to a vessel to which this section applies if the owner of the vessel–

(A) commits an act or omission for which a penalty may be imposed under this subsection; or

(B) fails to pay a penalty imposed on the owner under this subsection.

  • (i) Procedures.Within 6 months after the date of enactment of the Cruise Vessel Security and Safety Act of 2010 [enacted July 27, 2010], the Secretary shall issue guidelines, training curricula, and inspection and certification procedures necessary to carry out the requirements of this section. 
  • (j) Regulations.The Secretary and the Commandant shall each issue such regulations as are necessary to implement this section.
  • (k) Application

(1) In general. This section and section 3508 [46 USCS § 3508] apply to a passenger vessel (as defined in section 2101(22) [46 USCS 2101(22)]) that–

(A) is authorized to carry at least 250 passengers;

(B) has onboard sleeping facilities for each passenger;

(C) is on a voyage that embarks or disembarks passengers in the United States; and

(D) is not engaged on a coastwise voyage.

(2) Federal and state vessels. This section and section 3508 [46 USCS 3508] do not apply to a vessel of the United States operated by the Federal Government or a vessel owned and operated by a State.

  • (l) Definitions.
    In this section and section 3508 [46 USCS § 3508]:

(1) Commandant. The term “Commandant” means the Commandant of the Coast Guard.

(2) Owner. The term “owner” means the owner, charterer, managing operator, master, or other individual in charge of a vessel.

HISTORY

(Added July 27, 2010, P.L. 111-207, 3(a), 124 Stat. 2244.)

HISTORY; ANCILLARY LAWS AND DIRECTIVES

Cruise Vessel Security and Safety Act of 2010; findings.
Act July 27, 2010, P.L. 111-207, § 2, 124 Stat. 2243, provides:

  • The Congress makes the following findings:

(1) There are approximately 200 overnight ocean-going cruise vessels worldwide. The average ocean-going cruise vessel carries 2,000 passengers with a crew of 950 people.

(2) In 2007 alone, approximately 12,000,000 passengers were projected to take a cruise worldwide.

(3) Passengers on cruise vessels have an inadequate appreciation of their potential vulnerability to crime while on ocean voyages, and those who may be victimized lack the information they need to understand their legal rights or to know whom to contact for help in the immediate aftermath of the crime.

(4) Sexual violence, the disappearance of passengers from vessels on the high seas, and other serious crimes have occurred during luxury cruises.

(5) Over the last 5 years, sexual assault and physical assaults on cruise vessels were the leading crimes investigated by the Federal Bureau of Investigation with regard to cruise vessel incidents.

(6) These crimes at sea can involve attacks both by passengers and crewmembers on other passengers and crewmembers.

(7) Except for United States flagged vessels, or foreign flagged vessels operating in an area subject to the direct jurisdiction of the United States, there are no Federal statutes or regulations that explicitly require cruise lines to report alleged crimes to United States Government officials.

(8) It is not known precisely how often crimes occur on cruise vessels or exactly how many people have disappeared during ocean voyages because cruise line companies do not make comprehensive, crime-related data readily available to the public.

(9) Obtaining reliable crime-related cruise data from governmental sources can be difficult, because multiple countries may be involved when a crime occurs on the high seas, including the flag country for the vessel, the country of citizenship of particular passengers, and any countries having special or maritime jurisdiction.

(10) It can be difficult for professional crime investigators to immediately secure an alleged crime scene on a cruise vessel, recover evidence of an onboard offense, and identify or interview potential witnesses to the alleged crime.

(11) Most cruise vessels that operate into and out of United States ports are registered under the laws of another country, and investigations and prosecutions of crimes against passengers and crewmembers may involve the laws and authorities of multiple nations.

(12) The Department of Homeland Security has found it necessary to establish 500-yard security zones around cruise vessels to limit the risk of terrorist attack. Recently piracy has dramatically increased throughout the world.

(13) To enhance the safety of cruise passengers, the owners of cruise vessels could upgrade, modernize, and retrofit the safety and security infrastructure on such vessels by installing peep holes in passenger room doors, installing security video cameras in targeted areas, limiting access to passenger rooms to select staff during specific times, and installing acoustic hailing and warning devices capable of communicating over distances.

Admiralty Statute of Limitations

46 U.S.C.A. § 30106
§ 30106. Time limit on bringing maritime action for personal injury or death
Effective: October 6, 2006
Currentness

Except as otherwise provided by law, a civil action for damages for personal injury or death arising out of a maritime tort must be brought within 3 years after the cause of action arose.

CREDITS

(Pub.L. 109-304, § 6(c), Oct. 6, 2006, 120 Stat. 1511.)

Notes of Decisions (150)
Current through P.L. 112-3 (excluding P.L. 111-296, 111-314, 111-320, 111-350, 111-377, and 111-383) approved 2-25-11

Death on the High Seas

This statute was created with the intent of providing the loved ones of those who have succumb to fatal maritime-related injuries with a resource by which to bring a claim against those responsible for the death of their loved one.

Federal Judiciary Act

28 U.S.C.A. § 1333
§ 1333. Admiralty, maritime and prize cases
Currentness

The district courts shall have original jurisdiction, exclusive of the courts of the States, of:

  • (a) Any civil case of admiralty or maritime jurisdiction, saving to suitors in all cases all other remedies to which they are otherwise entitled.
  • (b) Any prize brought into the United States and all proceedings for the condemnation of property taken as prize.

CREDITS

(June 25, 1948, c. 646, 62 Stat. 931; May 24, 1949, c. 139, § 79, 63 Stat. 101.)

Notes of Decisions (1619)
Current through P.L. 112-3 (excluding P.L. 111-296, 111-314, 111-320, 111-350, 111-377, and 111-383) approved 2-25-11

State Special Maritime Criminal Jurisdiction

West’s F.S.A. § 910.006
910.006. State special maritime criminal jurisdiction
Currentness

  • (a) Legislative findings and intent.–

(1) The State of Florida is a major center for international travel and trade by sea.

(2) The state has an interest in ensuring the protection of persons traveling to or from Florida by sea.

(3) The state has an interest in cooperating with the masters of ships and the governments of the United States and the other states in the maintenance of law and order on board ship.

(4) The interests of the state do not in principle require a general assertion of primary jurisdiction over acts or omissions at sea that would duplicate or conflict with the execution of any law enforcement responsibility of any other jurisdiction.

(5) The State of Florida should establish special maritime criminal jurisdiction extending to acts or omissions on board ships outside of the state under the circumstances delimited in this section.

  • (b) Definitions.– As used in this section:

(1) “Flag state” means the state under whose laws a ship is registered.

(2) “Ship” means any watercraft or other contrivance used, capable of being used, or intended to be used as a means of transportation on water, and all phases of construction of such watercraft or contrivance.

(3) “State” means any foreign state, the United States or any state, territory, possession, or commonwealth thereof, or the District of Columbia.

  • (c) Special maritime criminal jurisdiction.– The special maritime criminal jurisdiction of the state extends to acts or omissions on board a ship outside of the state under any of the following circumstances:

(1) There is a suspect on board the ship who is a citizen or resident of this state or a state which consents to the jurisdiction of this state.

(2) The master of the ship or an official of the flag state commits a suspect on board the ship to the custody of a law enforcement officer acting under the authority of this state.

(3) The state in whose territory the act or omission occurred requests the exercise of jurisdiction by this state.

(4) The act or omission occurs during a voyage on which over half of the revenue passengers on board the ship originally embarked and plan to finally disembark in this state, without regard to intermediate stopovers.

(5) The victim is a Florida law enforcement officer on board the ship in connection with his or her official duties.

(6) The act or omission is one of violence, detention, or depredation generally recognized as criminal, and the victim is a resident of this state.

(7) The act or omission causes or constitutes an attempt or conspiracy to cause a substantial effect in this state that is an element of the offense charged.

(8) The act or omission is one with respect to which all states may exercise criminal jurisdiction under international law or treaty.

  • (d) Criminal penalty application.– An act or omission against the person or property of another that is punishable by law when committed within this state shall be punishable in the same manner when committed within the special maritime criminal jurisdiction of this state, provided that the criminal laws of the United States prohibit substantially the same act or omission on board ships of the United States registry outside of the territory of the United States. Except for the circumstances that are within the criteria of paragraph (3)(g) or paragraph (3)(h), it shall be an affirmative defense that the act or omission was authorized by the master of the ship or an officer of the flag state in accordance with the laws of the flag state and international law. No person shall be tried under this section if that person has been tried in good faith by another state for substantially the same act or omission.
  • (e) Enforcement limitations.

(1) The Attorney General shall take all measures necessary to ensure that law enforcement officers and prosecutors acting under the authority of this state respect the following criteria in applying the provisions of this section:

(A) This section is not intended to assert priority over or otherwise interfere with the exercise of criminal jurisdiction by the United States, the flag state, or the state in whose territory an act or omission occurs.

(B) This section shall be administered in a manner consistent with international law, with the primary responsibility of the flag state for the maintenance of order on board ship, and with the responsibilities of the Federal Government under the Constitution, treaties, and laws of the United States.

(C) This section shall be applied with the cooperation of the flag state and the master of the ship where feasible.

(2) Nothing in this section shall be deemed to:

(A) Authorize the boarding, search, or detention of a ship or of persons or property on board a ship without the consent of the flag state or the master of the ship if the ship is located outside of this state or if the necessary law enforcement activities are otherwise beyond the jurisdiction of this state or the United States.

(B) Restrict the application or enforcement of other laws of this state or the duty of law enforcement officers to protect human life, property, or the marine environment from imminent harm.

(C) Constitute an assertion of jurisdiction over acts or omissions of military or law enforcement officers authorized by a state in accordance with international laws.

(D) Prohibit the operation of gambling, games of chance, or other gambling activities otherwise allowable outside the territorial waters of the State of Florida.

CREDITS

Laws 1989, c. 89-201, § 1. Amended by Laws 1997, c. 97-102, § 1511, eff. July 1, 1997.

Notes of Decisions (3)
Current through Chapter 274 (End) of the 2010 Second Regular Session of the Twenty-First Legislature and Chapter 283 of the 2010 Special “A” Session of the Twenty-Second Legislature.

Limitation of Liability Act

46 U.S.C.A. § 30511
§ 30511. Action by owner for limitation
Effective: October 6, 2006
Currentness

  • (a) In general.–The owner of a vessel may bring a civil action in a district court of the United States for limitation of liability under this chapter. The action must be brought within 6 months after a claimant gives the owner written notice of a claim.
  • (b) Creation of fund.– When the action is brought, the owner (at the owner’s option) shall–

(1) deposit with the court, for the benefit of claimants–

(A) an amount equal to the value of the owner’s interest in the vessel and pending freight, or approved security; and

(B) an amount, or approved security, that the court may fix from time to time as necessary to carry out this chapter; or

(2) transfer to a trustee appointed by the court, for the benefit of claimants–

(A) the owner’s interest in the vessel and pending freight; and

(B) an amount, or approved security, that the court may fix from time to time as necessary to carry out this chapter.

  • (c) Cessation of other actions.–When an action has been brought under this section and the owner has complied with subsection (b), all claims and proceedings against the owner related to the matter in question shall cease.

CREDITS

(Pub.L. 109-304, § 6(c), Oct. 6, 2006, 120 Stat. 1515.)

Notes of Decisions (469)
Current through P.L. 112-3 (excluding P.L. 111-296, 111-314, 111-320, 111-350, 111-377, and 111-383) approved 2-25-11

Provisions Limiting Liability for Personal Injury or Death

46 U.S.C.A. § 30509
§ 30509. Provisions limiting liability for personal injury or death
Effective: October 6, 2006
Currentness

  • (a) Prohibition.–

(1) In general–The owner, master, manager, or agent of a vessel transporting passengers between ports in the United States, or between a port in the United States and a port in a foreign country, may not include in a regulation or contract a provision limiting–

(A) the liability of the owner, master, or agent for personal injury or death caused by the negligence or fault of the owner or the owner’s employees or agents; or

(B) the right of a claimant for personal injury or death to a trial by court of competent jurisdiction.

(2) Voidness.– A provision described in paragraph (1) is void.

  • (b) Emotional distress, mental suffering, and psychological injury.–

(1) In general.–Subsection (a) does not prohibit a provision in a contract or in ticket conditions of carriage with a passenger that relieves an owner, master, manager, agent, operator, or crewmember of a vessel from liability for infliction of emotional distress, mental suffering, or psychological injury so long as the provision does not limit such liability when the emotional distress, mental suffering, or psychological injury is–

(A) the result of physical injury to the claimant caused by the negligence or fault of a crewmember or the owner, master, manager, agent, or operator;

(B) the result of the claimant having been at actual risk of physical injury, and the risk was caused by the negligence or fault of a crewmember or the owner, master, manager, agent, or operator; or

(C) intentionally inflicted by a crewmember or the owner, master, manager, agent, or operator.

(2) Sexual offenses.– This subsection does not limit the liability of a crewmember or the owner, master, manager, agent, or operator of a vessel in a case involving sexual harassment, sexual assault, or rape.

CREDITS

(Pub.L. 109-304, § 6(c), Oct. 6, 2006, 120 Stat. 1514.)

Notes of Decisions (21)
Current through P.L. 112-3 (excluding P.L. 111-296, 111-314, 111-320, 111-350, 111-377, and 111-383) approved 2-25-11

Shipowner Contractual Statute of Limitations

46 U.S.C.A. § 30508
§ 30508. Provisions requiring notice of claim or limiting time for bringing action
Effective: October 6, 2006
Currentness

  • (a) Application.–This section applies only to seagoing vessels, but does not apply to pleasure yachts, tugs, towboats, towing vessels, tank vessels, fishing vessels, fish tender vessels, canal boats, scows, car floats, barges, lighters, or nondescript vessels.
  • (b) Minimum time limits.–The owner, master, manager, or agent of a vessel transporting passengers or property between ports in the United States, or between a port in the United States and a port in a foreign country, may not limit by regulation, contract, or otherwise the period for–

(1) giving notice of, or filing a claim for, personal injury or death to less than 6 months after the date of the injury or death; or

(2) bringing a civil action for personal injury or death to less than one year after the date of the injury or death.

  • (c) Effect of failure to give notice.–When notice of a claim for personal injury or death is required by a contract, the failure to give the notice is not a bar to recovery if–

(1) the court finds that the owner, master, or agent of the vessel had knowledge of the injury or death and the owner has not been prejudiced by the failure;

(2) the court finds there was a satisfactory reason why the notice could not have been given; or

(3) the owner of the vessel fails to object to the failure to give the notice.

  • (d) Tolling of period to give notice.–If a claimant is a minor or mental incompetent, or if a claim is for wrongful death, any period provided by a contract for giving notice of the claim is tolled until the earlier of–

(1) the date a legal representative is appointed for the minor, incompetent, or decedent’s estate; or

(2) 3 years after the injury or death.

CREDITS

(Pub.L. 109-304, § 6(c), Oct. 6, 2006, 120 Stat. 1514.)

Notes of Decisions (130)
Current through P.L. 112-3 (excluding P.L. 111-296, 111-314, 111-320, 111-350, 111-377, and 111-383) approved 2-25-11

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