dreamproit/uscode huggingface dataset:
46 U.S.C. § 30512 (SHIPPING)
§ 30512. Liability as master, officer, or seaman not affected
This chapter does not affect the liability of an individual as a master, officer, or seaman, even though the individual is also an owner of the vessel.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1516.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
30512
46 App.:187.
R.S. § 4287.
This section is substituted for the source provision for consistency with the restatement of 46 App. U.S.C. 183(a) and 189 in section 30505 and to eliminate unnecessary words. The reference in the source to particular sections is extended to include the entire chapter to simplify the reference and to conform to the obvious original policy and intent of the source provision.
46 U.S.C. § 30702 (SHIPPING)
§ 30702. Application
(a) In General.—
Except as otherwise provided, this chapter applies to a carrier engaged in the carriage of goods to or from any port in the United States.
(b) Live Animals.—
Sections 30703 and 30704 of this title do not apply to the carriage of live animals.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1516.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
30702(a)
(no source).
30702(b)
46 App.:195.
Feb. 13, 1893, ch. 105, § 7, 27 Stat. 446.
Subsection (a) is added based on language appearing in various source provisions restated in this chapter. The word “carriage” is substituted for “transporting”, and the word “goods” is substituted for “merchandise or property”, to use the same terminology as in the Carriage of Goods By Sea Act (Apr. 16, 1936, ch. 229, 49 Stat. 1207). The words “to or from any port in the United States” are substituted for “from or between ports of the United States and foreign ports” in 46 App. U.S.C. 190 and 193, “from or between ports of the United States of America and foreign ports” in 46 App. U.S.C. 191, and “to or from any port in the United States of America” in 46 App. U.S.C. 192, for clarity and consistency. See Knott v. Botany Mills, 179 U.S. 69 (1900).
46 U.S.C. § 30703 (SHIPPING)
§ 30703. Bills of lading
(a) Issuance.—
On demand of a shipper, the carrier shall issue a bill of lading or shipping document.
(b) Contents.—
The bill of lading or shipping document shall include a statement of—
(1) the marks necessary to identify the goods;
(2) the number of packages, or the quantity or weight, and whether it is carrier’s or shipper’s weight; and
(3) the apparent condition of the goods.
(c) Prima Facie Evidence of Receipt.—
A bill of lading or shipping document issued under this section is prima facie evidence of receipt of the goods described.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1516.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
30703
46 App.:193.
Feb. 13, 1893, ch. 105, § 4, 27 Stat. 445.
In subsection (a), the words “On demand of a shipper” are added because of the reference to a demand in 46 App. U.S.C. 194. The words “transporting merchandise or property from or between ports of the United States and foreign ports” are omitted because of section 30702(a) of the revised title. The word “lawful” (which modifies “merchandise”) is omitted as unnecessary.
In subsection (b)(2), the words “or weight” are added for consistency with the requirement to state whether it is the carrier’s or shipper’s weight.
In subsection (b)(3), the word “order” is omitted as redundant to “condition”. The words “delivered to and received by . . . for transportation” are omitted as unnecessary.
46 U.S.C. § 30704 (SHIPPING)
§ 30704. Loading, stowage, custody, care, and delivery
A carrier may not insert in a bill of lading or shipping document a provision avoiding its liability for loss or damage arising from negligence or fault in loading, stowage, custody, care, or proper delivery. Any such provision is void.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1516.)
text: Historical and Revision Notes
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Section
Source (U.S. Code)
Source (Statutes at Large)
30704
46 App.:190.
Feb. 13, 1893, ch. 105, § 1, 27 Stat. 445.
The words “transporting merchandise or property from or between ports of the United States and foreign ports” are omitted because of section 30702(a) of the revised title. The words “may not” are substituted for “It shall not be lawful . . . to”, and the word “provision” is substituted for “clause, covenant, or agreement”, to eliminate unnecessary words. The words “any and all lawful” and “committed to its or their charge” are omitted as unnecessary. The words “Any such provision is void” are substituted for “Any and all words or clauses of such import inserted in bills of lading or shipping receipts shall be null and void and of no effect” to eliminate unnecessary words.
46 U.S.C. § 30705 (SHIPPING)
§ 30705. Seaworthiness
(a) Prohibition.—
A carrier may not insert in a bill of lading or shipping document a provision lessening or avoiding its obligation to exercise due diligence to—
(1) make the vessel seaworthy; and
(2) properly man, equip, and supply the vessel.
(b) Voidness.—
A provision described in subsection (a) is void.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1516.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
30705
46 App.:191.
Feb. 13, 1893, ch. 105, § 2, 27 Stat. 445.
In subsection (a), before paragraph (1), the words “transporting merchandise or property from or between ports of the United States of America and foreign ports” are omitted because of section 30702(a) of the revised title. The words “may not” are substituted for “It shall not be lawful . . . to”, the word “provision” is substituted for “covenant or agreement”, and the words “lessening or avoiding its obligation” are substituted for “whereby the obligations . . . shall in any wise be lessened, weakened, or avoided”, to eliminate unnecessary words.
In paragraph (1), the words “and capable of performing her intended voyage” are omitted as unnecessary.
In paragraph (2), the word “supply” is substituted for “provision, and outfit” to eliminate unnecessary words.
The words “or whereby the obligations of the master, officers, agents, or servants to carefully handle and stow her cargo and to care for and properly deliver same” are omitted as covered by section 30704 of the revised title.
Subsection (b) is added for clarity and for consistency with section 30704 of the revised title.
46 U.S.C. § 30706 (SHIPPING)
§ 30706. Defenses
(a) Due Diligence.—
If a carrier has exercised due diligence to make the vessel in all respects seaworthy and to properly man, equip, and supply the vessel, the carrier and the vessel are not liable for loss or damage arising from an error in the navigation or management of the vessel.
(b) Other Defenses.—
A carrier and the vessel are not liable for loss or damage arising from—
(1) dangers of the sea or other navigable waters;
(2) acts of God;
(3) public enemies;
(4) seizure under legal process;
(5) inherent defect, quality, or vice of the goods;
(6) insufficiency of package;
(7) act or omission of the shipper or owner of the goods or their agent; or
(8) saving or attempting to save life or property at sea, including a deviation in rendering such a service.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1517.)
text: Historical and Revision Notes
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Section
Source (U.S. Code)
Source (Statutes at Large)
30706
46 App.:192.
Feb. 13, 1893, ch. 105, § 3, 27 Stat. 445.
This section is restated as two subsections to clarify that the exercise of due diligence in making the vessel seaworthy is a condition only to the defense of error in navigation or management restated in subsection (a). See May v. Hamburg-Amerikanische Packetfahrt Aktiengesellschaft (The Isis), 290 U.S. 333, 353 (1933). The words “transporting merchandise or property to or from any port in the United States of America” are omitted because of section 30702(a) of the revised title.
46 U.S.C. § 30707 (SHIPPING)
§ 30707. Criminal penalty
(a) In General.—
A carrier that violates this chapter shall be fined under title 18.
(b) Lien.—
The amount of the fine and costs for the violation constitute a lien on the vessel engaged in the carriage. A civil action in rem to enforce the lien may be brought in the district court of the United States for any district in which the vessel is found.
(c) Disposition of Fine.—
Half of the fine shall go to the person injured by the violation and half to the United States Government.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1517.)
text: Historical and Revision Notes
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Section
Source (U.S. Code)
Source (Statutes at Large)
30707
46 App.:194.
Feb. 13, 1893, ch. 105, § 5, 27 Stat. 446.
In subsection (a), the words “and who refuses to issue on demand the bill of lading herein provided for” are omitted as unnecessary. The words “shall be fined under title 18” are substituted for “shall be liable to a fine not exceeding $2,000” because of chapter 227 of title 18.
In subsection (b), the words “A civil action in rem to enforce the lien may be brought in the district court of the United States for any district in which the vessel is found” are substituted for “such vessel may be libeled therefor in any district court of the United States” for clarity and to modernize the language.
46 U.S.C. § 30901 (SHIPPING)
§ 30901. Short title
This chapter may be cited as the “Suits in Admiralty Act”.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1517.)
text: Historical and Revision Notes
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Section
Source (U.S. Code)
Source (Statutes at Large)
30901
46 App.:741 note.
heading: Short Title
text: Act Mar. 9, 1920, ch. 95, 41 Stat. 525, which enacted chapter 20 (§ 741 et seq.) of the former Appendix to this title, was popularly known as the “Suits in Admiralty Act”, prior to being repealed and restated in this chapter by Pub. L. 109–304, §§ 6(c), 19, Oct. 6, 2006, 120 Stat. 1509, 1710.
46 U.S.C. § 30902 (SHIPPING)
§ 30902. Definition
In this chapter, the term “federally-owned corporation” means a corporation in which the United States owns all the outstanding capital stock.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1517.)
text: Historical and Revision Notes
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Section
Source (U.S. Code)
Source (Statutes at Large)
30902
46 App.:741 (11th–26th words).
Mar. 9, 1920, ch. 95, § 1 (11th–26th words), 41 Stat. 525.
The term “federally-owned corporation” is defined in this section and used in this chapter to avoid repeating the substance of the definition in several sections in this chapter. The words “or its representatives” are omitted as unnecessary.
46 U.S.C. § 30903 (SHIPPING)
§ 30903. Waiver of immunity
(a) In General.—
In a case in which, if a vessel were privately owned or operated, or if cargo were privately owned or possessed, or if a private person or property were involved, a civil action in admiralty could be maintained, a civil action in admiralty in personam may be brought against the United States or a federally-owned corporation. In a civil action in admiralty brought by the United States or a federally-owned corporation, an admiralty claim in personam may be filed or a setoff claimed against the United States or corporation.
(b) Non-Jury.—
A claim against the United States or a federally-owned corporation under this section shall be tried without a jury.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1518.)
text: Historical and Revision Notes
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Section
Source (U.S. Code)
Source (Statutes at Large)
30903
46 App.:742 (1st, 3d sentences).
Mar. 9, 1920, ch. 95, § 2 (1st, 3d sentences), 41 Stat. 525; Pub. L. 86–770, § 3, Sept. 13, 1960, 74 Stat. 912; Pub. L. 104–324, title XI, § 1105, Oct. 19, 1996, 110 Stat. 3967.
In subsection (a), the words “civil action” are substituted for “proceeding” and “libel” because of rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.) and for consistency in the chapter. The words “civil action in admiralty in personam” are substituted for “any appropriate nonjury proceeding in personam” for clarity. The words “in rem or in personam in any district” are omitted as unnecessary. The words “admiralty claim” are substituted for “cross libel” for consistency in this chapter and with the various means of asserting a claim (such as by counterclaim or cross-claim) allowed by the Federal Rules of Civil Procedure. The words “with the same force and effect as if the libel had been filed by a private party” are omitted as unnecessary.
Subsection (b) is substituted for the word “nonjury” to clarify that the nonjury requirement applies to any claim against the United States or a federally-owned corporation under this section regardless of which party brings the action.
46 U.S.C. § 30904 (SHIPPING)
§ 30904. Exclusive remedy
If a remedy is provided by this chapter, it shall be exclusive of any other action arising out of the same subject matter against the officer, employee, or agent of the United States or the federally-owned corporation whose act or omission gave rise to the claim.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1518.)
text: Historical and Revision Notes
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Section
Source (U.S. Code)
Source (Statutes at Large)
30904
46 App.:745 (1st proviso).
Mar. 9, 1920, ch. 95, § 5 (1st proviso), 41 Stat. 526; June 30, 1932, ch. 315, 47 Stat. 420; Dec. 13, 1950, ch. 1136, 64 Stat. 1112.
The words “officer, employee, or agent of the United States or the federally-owned corporation” are substituted for “agent or employee of the United States or of any incorporated or unincorporated agency thereof” for consistency in this chapter and to eliminate unnecessary words.
46 U.S.C. § 30905 (SHIPPING)
§ 30905. Period for bringing action
A civil action under this chapter must be brought within 2 years after the cause of action arose.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1518.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
30905
46 App.:745 (words before 1st proviso).
Mar. 9, 1920, ch. 95, § 5 (words before 1st proviso), 41 Stat. 526; June 30, 1932, ch. 315, 47 Stat. 420; Dec. 13, 1950, ch. 1136, 64 Stat. 1112.
46 U.S.C. § 30906 (SHIPPING)
§ 30906. Venue
(a) In General.—
A civil action under this chapter shall be brought in the district court of the United States for the district in which—
(1) any plaintiff resides or has its principal place of business; or
(2) the vessel or cargo is found.
(b) Transfer.—
On a motion by a party, the court may transfer the action to any other district court of the United States.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1518.)
text: Historical and Revision Notes
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Section
Source (U.S. Code)
Source (Statutes at Large)
30906(a)
46 App.:742 (2d sentence).
Mar. 9, 1920, ch. 95, § 2 (2d, last sentences), 41 Stat. 526.
30906(b)
46 App.:742 (last sentence).
In subsection (a)(1), the words “in the United States” are omitted as unnecessary.
In subsection (a)(2), the words “charged with liability” are omitted as unnecessary.
In subsection (b), the words “in the discretion of the court” are omitted as unnecessary. For general change of venue provision, see 28 U.S.C. 1404.
46 U.S.C. § 30907 (SHIPPING)
§ 30907. Procedure for hearing and determination
(a) In General.—
A civil action under this chapter shall proceed and be heard and determined according to the principles of law and the rules of practice applicable in like cases between private parties.
(b) In Rem.—
(1) Requirements.—
The action may proceed according to the principles of an action in rem if—
(A) the plaintiff elects in the complaint; and
(B) it appears that an action in rem could have been maintained had the vessel or cargo been privately owned and possessed.
(2) Effect on relief in personam.—
An election under paragraph (1) does not prevent the plaintiff from seeking relief in personam in the same action.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1518.)
text: Historical and Revision Notes
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Section
Source (U.S. Code)
Source (Statutes at Large)
30907(a)
46 App.:743 (1st, 4th sentences).
Mar. 9, 1920, ch. 95, § 3 (1st, 4th–6th sentences), 41 Stat. 526.
30907(b)
46 App.:743 (5th, 6th sentences).
In subsection (a), the text of 46 App. U.S.C. 743 (4th sentence) is omitted as unnecessary.
In subsection (b)(1)(A), the words “plaintiff” and “complaint” are substituted for “libelant” and “libel”, respectively, for consistency with the Federal Rules of Civil Procedure (28 App. U.S.C.).
In subsection (b)(2), the words “in any proper case” are omitted as unnecessary.
46 U.S.C. § 30908 (SHIPPING)
§ 30908. Exemption from arrest or seizure
The following are not subject to arrest or seizure by judicial process in the United States:
(1) A vessel owned by, possessed by, or operated by or for the United States or a federally-owned corporation.
(2) Cargo owned or possessed by the United States or a federally-owned corporation.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1518.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
30908
46 App.:741 (less 11th–26th words).
Mar. 9, 1920, ch. 95, § 1 (less 11th–26th words), 41 Stat. 525; Sept. 26, 1950, ch. 1049, § 2(a)(2), 64 Stat. 1038; Pub. L. 96–70, § 3(b)(5), Sept. 27, 1979, 93 Stat. 455.
The words “a federally-owned corporation” are substituted for “any corporation in which the United States or its representatives shall own the entire outstanding capital stock” because of the definition of “federally-owned corporation” in section 30902 of the revised title. The words “after March 9, 1920” are omitted as obsolete. The words “in view of the provision herein made for a libel in personam” are omitted as unnecessary. The words “or its possessions” are omitted because of the definition of “United States” in chapter 1 of the revised title. The words “Provided, That this chapter shall not apply to the Panama Canal Commission” are omitted because the Commission has been dissolved. See 22 U.S.C. 3714a.
46 U.S.C. § 30909 (SHIPPING)
§ 30909. Security
Neither the United States nor a federally-owned corporation may be required to give a bond or admiralty stipulation in a civil action under this chapter.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1519.)
text: Historical and Revision Notes
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Section
Source (U.S. Code)
Source (Statutes at Large)
30909
46 App.:743 (last sentence).
Mar. 9, 1920, ch. 95, § 3 (last sentence), 41 Stat. 526; Pub. L. 97–31, § 12(25)(A), Aug. 6, 1981, 95 Stat. 155.
The words “civil action” are substituted for “proceeding” for consistency in this chapter and with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.).
46 U.S.C. § 30910 (SHIPPING)
§ 30910. Exoneration and limitation
The United States is entitled to the exemptions from and limitations of liability provided by law to an owner, charterer, operator, or agent of a vessel.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1519.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
30910
46 App.:746.
Mar. 9, 1920, ch. 95, § 6, 41 Stat. 527.
46 U.S.C. § 30911 (SHIPPING)
§ 30911. Costs and interest
(a) In General.—
A judgment against the United States or a federally-owned corporation under this chapter may include costs and interest at the rate of 4 percent per year until satisfied. Interest shall run as ordered by the court, except that interest is not allowable for the period before the action is filed.
(b) Contract Providing for Interest.—
Notwithstanding subsection (a), if the claim is based on a contract providing for interest, interest may be awarded at the rate and for the period provided in the contract.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1519.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
30911
46 App.:743 (2d, 3d sentences).
Mar. 9, 1920, ch. 95, § 3 (2d, 3d sentences), 41 Stat. 526.
46 App.:745 (last proviso).
Mar. 9, 1920, ch. 95, § 5 (last proviso), 41 Stat. 526; June 30, 1932, ch. 315, 47 Stat. 420; Dec. 13, 1950, ch. 1136, 64 Stat. 1112.
In subsection (a), the words “and when the decree is for a money judgment” are omitted as unnecessary. The words “except that interest is not allowable for the period before the action is filed” are substituted for “And provided further, That after June 30, 1932, no interest shall be allowed on any claim prior to the time when suit on such claim is brought as authorized by section 742 of this Appendix” to eliminate unnecessary words.
Subsection (b) is substituted for “or at any higher rate which shall be stipulated in any contract upon which such decree shall be based” in 46 App. U.S.C. 743 and “unless upon a contract expressly stipulating for the payment of interest” in 46 App. U.S.C. 745 (last proviso) for clarity and consistency.
46 U.S.C. § 30912 (SHIPPING)
§ 30912. Arbitration, compromise, or settlement
The Secretary of a department of the United States Government, or the board of trustees of a federally-owned corporation, may arbitrate, compromise, or settle a claim under this chapter.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1519.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
30912
46 App.:749.
Mar. 9, 1920, ch. 95, § 9, 41 Stat. 527; Pub. L. 92–417, § 3, Aug. 29, 1972, 86 Stat. 656; Pub. L. 97–31, § 12(25)(C), Aug. 6, 1981, 95 Stat. 155.
The words “claim under this chapter” are substituted for “claim in which suit will lie under the provisions of sections 742, 744, and 750 of this Appendix” to eliminate unnecessary words.
46 U.S.C. § 30913 (SHIPPING)
§ 30913. Payment of judgment or settlement
(a) In General.—
The proper accounting officer of the United States shall pay a final judgment, arbitration award, or settlement under this chapter on presentation of an authenticated copy.
(b) Source of Payment.—
Payment shall be made from an appropriation or fund available specifically for the purpose. If no appropriation or fund is specifically available, there is hereby appropriated, out of money in the Treasury not otherwise appropriated, an amount sufficient to pay the judgment, award, or settlement.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1519.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
30913
46 App.:748.
Mar. 9, 1920, ch. 95, § 8, 41 Stat. 527.
46 U.S.C. § 30914 (SHIPPING)
§ 30914. Release of privately owned vessel after arrest or attachment
If a privately owned vessel not in the possession of the United States or a federally-owned corporation is arrested or attached in a civil action arising or alleged to have arisen from prior ownership, possession, or operation by the United States or corporation, the vessel shall be released without bond or stipulation on a statement by the United States, through the Attorney General or other authorized law officer, that the United States is interested in the action, desires release of the vessel, and assumes liability for the satisfaction of any judgment obtained by the plaintiff. After the vessel is released, the action shall proceed against the United States in accordance with this chapter.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1519.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
30914
46 App.:744.
Mar. 9, 1920, ch. 95, § 4, 41 Stat. 526.
The words “on a statement” are substituted for “upon the suggestion” as more appropriate.