reglab/statecodes huggingface dataset:
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 1 - Vessels Generally › ARTICLE 3 - Liability of Licensed Pilots for San Pedro Bay › Section 440.

440. Pilots holding valid licenses for San Pedro Bay and its approaches and tributaries, their associations, employers, and others providing piloting services in San Pedro Bay are authorized to limit liability for the rendering and performance of those services by contracts or tariffs containing substantially the terms and provisions set forth in this article.
(Added by Stats. 1983, Ch. 785, Sec. 2.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 1 - Vessels Generally › ARTICLE 3 - Liability of Licensed Pilots for San Pedro Bay › Section 441.

441. The rates and charges for pilotage services do not include insurance covering the vessel or its owners, agents, charterers, or operators from the consequences of negligence of the pilot supplying the pilotage services, the pilot’s employer, or other employees of the pilot’s employer.
(Added by Stats. 1983, Ch. 785, Sec. 2.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 1 - Vessels Generally › ARTICLE 3 - Liability of Licensed Pilots for San Pedro Bay › Section 442.

442. Upon reasonable notice from the owners, agents, charterers, or operators, a pilot shall provide insurance covering the vessel, its owners, agents, charterers, or operators from the consequences of negligence of the pilot supplying the pilotage services, the pilot’s employer, or other employees of the pilot’s employer on a trip insurance basis with limits of coverage established by agreement between the pilot and the party requesting the insurance, the premium of which will be assessed in addition to the rates and charges for the pilotage services.
(Added by Stats. 1983, Ch. 785, Sec. 2.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 1 - Vessels Generally › ARTICLE 3 - Liability of Licensed Pilots for San Pedro Bay › Section 443.

443. The election of the owners, agents, charterers, or operators to use a pilot through whom trip insurance could have been obtained shall constitute a binding and irrevocable agreement on the part of the owners, agents, charterers, and operators to the terms and conditions set forth in Section 444.
(Added by Stats. 1983, Ch. 785, Sec. 2.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 1 - Vessels Generally › ARTICLE 3 - Liability of Licensed Pilots for San Pedro Bay › Section 444.

444. It shall be understood and agreed, and shall be the essence of an agreement under which services of the pilot are tendered to and are accepted by owners, agents, charterers, or operators, as follows:
(a) The vessel requesting pilotage services and its owners, agents, charterers, and operators covenant and agree not to assert a claim against the pilot, the pilot’s employer, or other employees of the pilot’s employer for damages, including any rights over, arising out of, or connected with, directly or indirectly, any damage, loss, or expense sustained by the vessel, its owners, agents, charterers, operators, or crew, and by any third parties, even though resulting in whole or in part from acts, omissions, or negligence of the pilot, the pilot’s employer, or other employees of the pilot’s employer. The vessel and its owners, agents, charterers, and operators further covenant and agree, subject to any limitation of liability to which they are entitled by reason of any contract, bill of lading, statute, or other provision of law in force, to indemnify and hold harmless the pilot, the pilot’s employer, and other employees of the pilot’s employer with respect to liability arising from any and all claims, suits, or actions, by whomsoever asserted, resulting in whole or in part from acts, omissions, or negligence of the pilot, the pilot’s employer, or other employees of the pilot’s employer. These covenants and agreements do not apply to liability and rights that may arise from the willful misconduct or gross negligence of the pilot, the pilot’s employer, or other employees of the pilot’s employer.
(b) If any vessel on whose behalf pilotage services are requested is not owned by the person or entity ordering the services, that person or entity warrants its authority to bind the vessel and its owners, charterers, and operators to all the provisions contained in subdivision (a), and that person and entity agree to indemnify and hold harmless the pilot, the pilot’s employer, and other employees of the pilot’s employer with respect to all losses, damages, and expenses that may be suffered or incurred in consequence of the person or entity not having that authority.
(c) Pilotage services are voluntarily requested and are voluntarily rendered in reliance upon the terms specified in subdivisions (a) and (b).
(d) This article does not affect the rights of third parties against a vessel, its master, owners, agents, charterers, or operators, or a pilot, the pilot’s employer, or other employees of a pilot’s employer.
(e) This article does not preclude any pilot or pilot’s employer from entering into contracts with the owners, agents, charterers, or operators of a vessel that contain additional pilotage terms and conditions.
(Amended by Stats. 2006, Ch. 538, Sec. 343. Effective January 1, 2007.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 1 - Vessels Generally › ARTICLE 4 - Vessel Traffic Service › Section 445.

445. (a) The Marine Exchange of Los Angeles-Long Beach Harbor, Inc., hereafter referred to as the marine exchange, a corporation organized under the Non-Profit Mutual Benefit Corporation Law, Part 3 (commencing with Section 7110) of Division 2 of Title 1 of the Corporations Code, may operate a vessel traffic service, in cooperation with, and subject to the supervision of, the United States Coast Guard, for the waters of San Pedro Bay, San Pedro Channel, and Santa Monica Bay, within a radius of 25 nautical miles of the Point Fermin Light. These waters shall be known in this article as the “VTS area.”
(b) This article applies only to the VTS area.
(Amended by Stats. 1996, Ch. 362, Sec. 4. Effective January 1, 1997.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 1 - Vessels Generally › ARTICLE 4 - Vessel Traffic Service › Section 445.5.

445.5. “Covered vessel,” as used in this article, means any of the following:
(a) Every power-driven vessel of 40 meters (approximately 131 feet) or more in length, while navigating.
(b) Every towing vessel of 8 meters (approximately 26 feet) or more in length, while navigating. “Towing vessel,” as used in this article, means any commercial vessel engaged in towing another vessel astern or alongside or by pushing it ahead.
(c) Every vessel issued a certificate to carry 50 or more passengers for hire, when engaged in trade.
(Repealed and added by Stats. 1996, Ch. 362, Sec. 6. Effective January 1, 1997.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 1 - Vessels Generally › ARTICLE 4 - Vessel Traffic Service › Section 446.

446. Prior to entering the VTS area, every covered vessel shall report to the marine exchange the vessel’s name, call sign, location, course, speed, destination, estimated time of arrival, and any impairment to the operation or navigation of the vessel, and, while transiting the VTS area, every covered vessel shall comply with the requirements of Section 447.5.
(Amended by Stats. 1996, Ch. 362, Sec. 7. Effective January 1, 1997.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 1 - Vessels Generally › ARTICLE 4 - Vessel Traffic Service › Section 446.5.

446.5. The Ports of Los Angeles and Long Beach may impose fees upon all covered vessels within the VTS area to pay the cost of operating the vessel traffic service.
(Added by Stats. 1991, Ch. 969, Sec. 2.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 1 - Vessels Generally › ARTICLE 4 - Vessel Traffic Service › Section 447.

447. The following vessels, while transiting the VTS area, shall comply with the requirements of Section 447.5:
(a) Every power-driven vessel of 20 meters or more in length.
(b) Every vessel of 100 gross tons or more carrying one or more passengers for hire.
(c) Every dredge and floating plant.
(Added by Stats. 1996, Ch. 362, Sec. 9. Effective January 1, 1997.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 1 - Vessels Generally › ARTICLE 4 - Vessel Traffic Service › Section 447.5.

447.5. While transiting the VTS area, every vessel described in Sections 445.5 and 447 shall do all of the following:
(a) Maintain continuous radio monitoring or communication with the marine exchange on the radio channel dedicated to the vessel traffic service.
(b) Respond promptly when hailed by the marine exchange.
(c) Communicate with the marine exchange in the English language.
(d) Comply with all VTS measures established by the marine exchange that do not conflict with federal and state statutes or regulations or the Los Angeles and Long Beach Harbor Safety Plan prepared pursuant to Section 8670.23.1 of the Government Code.
(Added by Stats. 1996, Ch. 362, Sec. 10. Effective January 1, 1997.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 1 - Vessels Generally › ARTICLE 4 - Vessel Traffic Service › Section 448.

448. The vessel traffic service shall be advisory in nature. Nothing in this article relieves, or is intended to relieve, any vessel, its owners, agents, charterers, operators, or other responsible or designated parties of command of the vessel or of any responsibilities they would otherwise have respecting the navigation and operation of any vessel. Each vessel within the VTS area shall be responsible for its safe navigation in accordance with the International Regulations for Preventing Collisions at Sea (1972) and any other international and local rules and regulations.
(Added by renumbering Section 447 by Stats. 1996, Ch. 362, Sec. 8. Effective January 1, 1997.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 1 - Vessels Generally › ARTICLE 4 - Vessel Traffic Service › Section 448.5.

448.5. (a) It shall be understood and agreed, and shall be the essence of the marine exchange’s operation of the vessel traffic service, that the marine exchange act as agent of each vessel subject to the requirements of this article within the VTS area in providing vessel traffic information and performing all other acts incidental to operation of the vessel traffic service.
(b) No vessel subject to the requirements of this article shall assert any claim against the marine exchange or any officer, director, employee, or representative of the marine exchange for any damage, loss, or expense, including any rights of indemnity or other rights of any kind, sustained by the vessel or its owners, agents, charterers, operators, crew, or third parties arising out of, or connected with, directly or indirectly, the marine exchange’s operation of the vessel traffic service, even though resulting in whole or in part from negligent acts or omissions, of the marine exchange or any officer, director, employee, or representative of the marine exchange.
(c) Each vessel subject to the requirements of this article shall defend, indemnify, and hold harmless the marine exchange and its officers, directors, employees, and representatives from any and all claims, suits, or actions of any nature by whomsoever asserted, even though resulting or alleged to have resulted from negligent acts or omissions of the marine exchange or an officer, director, employee, or representative of the marine exchange.
(d) Nothing in subdivisions (b) and (c) shall affect liability or rights that may arise by reason of the gross negligence or intentional or willful misconduct of the marine exchange or an officer, director, employee, or representative of the marine exchange in the operation of the vessel traffic service.
(Added by renumbering Section 448 by Stats. 1996, Ch. 362, Sec. 11. Effective January 1, 1997.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 1 - Vessels Generally › ARTICLE 4 - Vessel Traffic Service › Section 449.

449. (a) The marine exchange and its officers and directors are subject to Section 5047.5 of the Corporations Code to the extent that the marine exchange meets the criteria specified in that section.
(b) Nothing in this section shall be deemed to include the marine exchange or its officers, directors, employees, or representatives within the meaning of “responsible party” as defined in Section 8670.3 of the Government Code and subdivision (p) of Section 8750 of the Public Resources Code for the purposes of the Lempert-Keene-Seastrand Oil Spill Prevention and Response Act (Article 3.5 (commencing with Section 8574.1) of Chapter 7 and Chapter 7.4 (commencing with Section 8670.1) of Division 1 of Title 2 of the Government Code and Division 7.8 (commencing with Section 8750) of the Public Resources Code).
(Amended by Stats. 2014, Ch. 35, Sec. 61. (SB 861) Effective June 20, 2014.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 1 - Vessels Generally › ARTICLE 4 - Vessel Traffic Service › Section 449.3.

449.3. The marine exchange shall cooperate fully with the administrator appointed pursuant to Section 8670.4 of the Government Code in the development and implementation of the vessel traffic service system required by Section 8670.21 of the Government Code. Upon certification by the administrator that, pursuant to Section 8670.21, the Coast Guard has commenced operation of a fully federally funded vessel traffic service system for the Los Angeles/Long Beach harbor, the authorization contained in Section 445 for the marine exchange to operate a vessel traffic service is revoked.
(Amended by Stats. 2004, Ch. 796, Sec. 40. Effective January 1, 2005.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 1 - Vessels Generally › ARTICLE 4 - Vessel Traffic Service › Section 449.5.

449.5. (a) Upon request by the administrator, the marine exchange shall submit a complete description and operational status report of the vessel traffic service. After a public hearing, the administrator shall, in accordance with paragraph (8) of subdivision (f) of Section 8670.21 of the Government Code, determine whether the elements and operation of the vessel traffic service are consistent with the harbor safety plan for the Los Angeles and Long Beach harbors developed pursuant to Section 8670.23.1 of the Government Code and the standards of a statewide vessel traffic service plan or system developed pursuant to Section 8670.21 of the Government Code.
(b) If, pursuant to subdivision (a), the administrator determines that the vessel traffic service is inconsistent with the harbor safety plan for the Los Angeles and Long Beach harbors developed pursuant to Section 8670.23.1 of the Government Code and the standards of a statewide vessel traffic service plan or vessel traffic monitoring and communications system developed pursuant to Section 8670.21 of the Government Code, the administrator shall issue an order to the marine exchange which specifies modifications to the vessel traffic service to eliminate the inconsistencies.
(c) If the marine exchange has not complied with an order within six months of issuance, then the administrator, after a public hearing, may take any or all of the following actions:
(1) Impose on the marine exchange an administrative fine of not more than five thousand dollars ($5,000) for each day the marine exchange does not comply with the administrator’s order.
(2) Administratively revoke the authorization provided to the marine exchange by Section 445 to operate the vessel traffic service.
(d) If authorization for the marine exchange to operate the vessel traffic service is revoked pursuant to this section, the administrator shall take any action that is necessary to expeditiously establish a vessel traffic service for the Los Angeles and Long Beach harbors. The action may include the assessment of fees on vessels, port users, and ports, and the making of needed expenditures, as provided in subdivision (d) of Section 8670.21.
(Amended by Stats. 2004, Ch. 796, Sec. 41. Effective January 1, 2005.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 2 - Civil Actions and Liens › ARTICLE 1 - Bottomry › Section 450.

450. Bottomry is a contract by which a vessel or its freightage is hypothecated as security for a loan, which is to be repaid only if the vessel survives a particular risk, voyage, or period.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 2 - Civil Actions and Liens › ARTICLE 1 - Bottomry › Section 451.

451. The owner of a vessel may hypothecate it or its freightage, upon bottomry, for any lawful purpose, and at any time and place.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 2 - Civil Actions and Liens › ARTICLE 1 - Bottomry › Section 452.

452. The master of a vessel may hypothecate it upon bottomry only for the purpose of procuring repairs or supplies which are necessary for accomplishing the objects of the voyage, or for securing the safety of the vessel.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 2 - Civil Actions and Liens › ARTICLE 1 - Bottomry › Section 453.

453. The master of a vessel can hypothecate it upon bottomry only when he can not otherwise relieve the necessities of the vessel, and is unable to reach adequate funds of the owner, or to obtain any funds upon the personal credit of the owner, and when previous communication with the owner is precluded by the urgent necessity of the case.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 2 - Civil Actions and Liens › ARTICLE 1 - Bottomry › Section 454.

454. The master of a vessel may hypothecate freightage upon bottomry, under the same circumstances as those which authorize an hypothecation of the vessel by him.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 2 - Civil Actions and Liens › ARTICLE 1 - Bottomry › Section 455.

455. Upon a contract of bottomry, the parties may lawfully stipulate for a rate of interest higher than that allowed by the law upon other contracts. But a competent court may reduce the rate stipulated when it appears unjustifiable and exorbitant.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 2 - Civil Actions and Liens › ARTICLE 1 - Bottomry › Section 456.

456. A lender upon a contract of bottomry, made by the master of a vessel, as such, may enforce the contract, though the circumstances necessary to authorize the master to hypothecate the vessel did not in fact exist, if, after due diligence and inquiry, the lender had reasonable grounds to believe, and did in good faith believe, in the existence of such circumstances.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 2 - Civil Actions and Liens › ARTICLE 1 - Bottomry › Section 458.

458. If there is a total loss of the thing hypothecated, from a risk to which the loan was subject, the lender upon bottomry can recover nothing; if a partial loss, he can recover only to the extent of the net value to the owner of the part saved.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 2 - Civil Actions and Liens › ARTICLE 1 - Bottomry › Section 459.

459. Unless it is otherwise expressly agreed, a bottomry loan becomes due immediately upon the termination of the risk, although a term of credit is specified in the contract.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 2 - Civil Actions and Liens › ARTICLE 1 - Bottomry › Section 461.

461. A bottomry lien, if created out of a real or apparent necessity, in good faith, is preferred to every other lien or claim upon the same thing, excepting only a lien for seamen’s wages, a subsequent lien of material-men for supplies or repairs indispensable to the safety of the vessel, and a subsequent lien for salvage.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 2 - Civil Actions and Liens › ARTICLE 2 - Respondentia › Section 470.

470. Respondentia is a contract by which all or part of a cargo is hypothecated as security for a loan, the repayment of which is dependent on maritime risks.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 2 - Civil Actions and Liens › ARTICLE 2 - Respondentia › Section 472.

472. The master of a vessel may hypothecate its cargo upon respondentia only if all of the following conditions exist:
(a) He would be authorized to hypothecate the vessel and freightage.
(b) He is unable to borrow sufficient money on the vessel and freightage for repairs or supplies which are necessary for the successful accomplishment of the voyage.
(c) There is a reasonable prospect of benefiting the cargo.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 2 - Civil Actions and Liens › ARTICLE 2 - Respondentia › Section 473.

473. The owner of a vessel is bound to repay to the owner of its cargo all which the latter is compelled to pay in order to discharge a lien under a contract of respondentia made by the master.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 2 - Civil Actions and Liens › ARTICLE 3 - Actions Against Vessels › Section 490.

490. Debts amounting to at least fifty dollars ($50), contracted for the benefit of vessels, are liens in the cases provided in Section 491.
Actions for any of the causes specified in Section 491 shall be brought against the owners by name, if known, but if not known, that fact shall be stated in the complaint, and the defendants shall be designated as unknown owners. Other persons having a lien upon the vessel may be made defendants to the action, the nature and amount of such lien being stated in the complaint.
(Amended by Stats. 1970, Ch. 1341.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 2 - Civil Actions and Liens › ARTICLE 3 - Actions Against Vessels › Section 491.

491. All vessels are liable for:
(a) Services rendered on board at the request of, or under contract with, their respective owners, masters, agents, or consignees.
(b) Supplies furnished in this State for their use, at the request of their respective owners, masters, agents, or consignees.
(c) Work done or materials furnished in this State for their construction, repair, or equipment.
(d) Their wharfage and anchorage within this State.
(e) Breach of any contract for the transportation of persons or property between places within this State, made by their respective owners, masters, agents, or consignees.
(f) Injuries caused by them to persons or property, in this State.
Demands for these several causes constitute liens upon all vessels, have priority in the order enumerated, and have preference over all other demands; but such liens only continue in force for the period of one year from the time the cause of action accrued.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 2 - Civil Actions and Liens › ARTICLE 3 - Actions Against Vessels › Section 492.

492. The master of a vessel has a general lien, independent of possession, upon the vessel and freightage, for advances necessarily made or liability necessarily incurred by him for the benefit of the vessel, but he has no lien for wages.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 2 - Civil Actions and Liens › ARTICLE 3 - Actions Against Vessels › Section 493.

493. The mate and seamen of a vessel have a general lien, independent of possession, upon the vessel and freightage, for their wages, which is superior to every other lien.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 2 - Civil Actions and Liens › ARTICLE 3 - Actions Against Vessels › Section 494.

494. The cost of repairing or replacing any buoy or beacon which is maintained by authority of the United States Bureau of Lighthouses which may be misplaced, damaged, or destroyed by any vessel being made fast to it, is, when the cost is legally ascertained, a lien upon the vessel, and is recoverable against it and its owner.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 2 - Civil Actions and Liens › ARTICLE 3 - Actions Against Vessels › Section 495.

495. In any action brought pursuant to the provisions of this chapter, the complaint shall designate the vessel by name, and shall be verified by the oath of the plaintiff, or someone on his behalf.
The summons and copy of the complaint shall be served on the owners if they can be found; otherwise, they may be served on the master, mate, or person having charge of the vessel.
(Added by Stats. 1970, Ch. 1341.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 2 - Civil Actions and Liens › ARTICLE 3 - Actions Against Vessels › Section 495.1.

495.1. Notwithstanding Section 483.010 of the Code of Civil Procedure, the plaintiff, at the time of issuing the summons, or at any time afterwards, may have the vessel, with its tackle, appurtenances, appliances, furnishings, and furniture, attached as security for the satisfaction of any judgment that may be recovered in the action. A writ of attachment may be issued in the manner provided by Chapter 5 (commencing with Section 485.010) of Title 6.5 of Part 2 of the Code of Civil Procedure without the showing required by Section 485.010 of the Code of Civil Procedure.
(Amended by Stats. 1974, Ch. 1516.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 2 - Civil Actions and Liens › ARTICLE 3 - Actions Against Vessels › Section 495.3.

495.3. The writ shall be directed to the sheriff of the county within which the vessel lies, or the marshal of the court, and direct him or her to attach the vessel, with its tackle, appurtenances, appliances, furnishings, and furniture, and keep the same in his or her custody until discharged in due course of law.
(Amended by Stats. 1996, Ch. 872, Sec. 93. Effective January 1, 1997.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 2 - Civil Actions and Liens › ARTICLE 3 - Actions Against Vessels › Section 495.4.

495.4. The sheriff or marshal to whom the writ is directed and delivered shall execute it without delay, and shall attach and keep in his or her custody the vessel, named therein, with its tackle, appurtenances, appliances, furnishings, and furniture, until discharged in due course of law; but the sheriff or marshal is not authorized by any such writ to interfere with the discharge of any merchandise on board of the vessel or with the removal of any trunks or other property of passengers, or of the captain, mate, seamen, steward, cook, or other persons employed on board.
(Amended by Stats. 1996, Ch. 872, Sec. 94. Effective January 1, 1997.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 2 - Civil Actions and Liens › ARTICLE 3 - Actions Against Vessels › Section 495.5.

495.5. The owner, or the master agent, or consignee of the vessel, may, on behalf of the owner, appear and answer or plead to the action and may object to the undertaking filed on behalf of the plaintiff.
(Amended by Stats. 1982, Ch. 517, Sec. 261.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 2 - Civil Actions and Liens › ARTICLE 3 - Actions Against Vessels › Section 495.6.

495.6. After the attachment is levied, the owner, or the master, agent, or consignee of the vessel, may, in behalf of the owner, have the attachment discharged, upon filing with the court, subject to the provisions of Section 489.060 of the Code of Civil Procedure, an undertaking in an amount sufficient to satisfy the demand in the suit, besides costs. Upon receiving notice of the filing of the undertaking with the court, the sheriff or marshal shall restore to the owner, or the master, agent, or consignee of the owner, the vessel attached.
(Amended by Stats. 1996, Ch. 872, Sec. 95. Effective January 1, 1997.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 2 - Civil Actions and Liens › ARTICLE 3 - Actions Against Vessels › Section 495.7.

495.7. After the appearance in the action of the owner, the attachment may, on motion, also be discharged in the same manner, and on like terms and conditions, as attachments in other cases, subject to the provisions of Section 495.9.
(Added by Stats. 1970, Ch. 1341.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 2 - Civil Actions and Liens › ARTICLE 3 - Actions Against Vessels › Section 495.8.

495.8. If the attachment is not discharged, and a judgment is recovered in the action in favor of the plaintiff, and an execution is issued thereon, the sheriff or marshal shall sell at public auction, after publication of notice pursuant to Section 6062 of the Government Code, the vessel, with its tackle, appurtenances, appliances, furnishings, and furniture, or such interest therein as may be necessary, and shall apply the proceeds of the sale as follows:
(a) When the action is brought for demands other than the wages of mariners, boatmen, and others employed in the service of the vessel sold, to the payment of the amount of those wages, as specified in the execution.
(b) To the payment of the judgment and costs, including his or her fees.
The sheriff or marshal shall pay any balance remaining to the owner, or to the master, agent, or consignee who may have appeared on behalf of the owner, or if there is no appearance, then into court, subject to the claim of any party or parties legally entitled thereto.
(Amended by Stats. 1996, Ch. 872, Sec. 96. Effective January 1, 1997.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 2 - Civil Actions and Liens › ARTICLE 3 - Actions Against Vessels › Section 495.9.

495.9. Any mariner, boatman, or other person employed in the service of the vessel attached, who may wish to assert his or her claim for wages against the vessel, the attachments being issued for other demands than those wages, may file an affidavit of his or her claim, setting forth the amount and the particular service rendered, with the clerk of the court; and thereafter no attachment can be discharged upon filing an undertaking, unless the amount of the claim, or the amount determined as provided in Section 496, is covered thereby, in addition to the other requirements; and any execution issued against that vessel, upon judgment recovered thereafter shall direct the application of the proceeds of any sale:
(a) To the payment of the amount of such claims filed, or the amount determined, as provided in Section 496, which amount the clerk shall insert in the writ.
(b) To the payment of the judgment and costs, and sheriff’s or marshal’s fees, and shall direct the payment of any balance to the owner, master, or consignee, who may have appeared in the action; but if no appearance by them is made therein, it shall direct a deposit of the balance in court.
(Amended by Stats. 1996, Ch. 872, Sec. 97. Effective January 1, 1997.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 2 - Civil Actions and Liens › ARTICLE 3 - Actions Against Vessels › Section 496.

496. If the claim of the mariner, boatman, or other person filed with the clerk of the court, as provided in Section 495.9, is not contested within five days after notice of the filing thereof by the owner, master, agent, or consignee of the vessel against which the claim is filed, or by any creditor, it shall be deemed admitted; but if contested, the clerk shall indorse upon the affidavit thereof a statement that it is contested, and the grounds of the contest, and shall immediately thereafter order the matter to a single referee for his determination, or he may hear the proofs and determine the matter himself. The determination of the clerk or referee may be reviewed by a court in which the action is pending or a judge thereof immediately after such determination is made, and the judgment of the court or judge is final. On the review the court or judge may use the minutes of the evidence taken by the clerk or referee, or may take the evidence anew.
(Added by Stats. 1970, Ch. 1341.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 2 - Civil Actions and Liens › ARTICLE 3 - Actions Against Vessels › Section 497.

497. The notice of sale published by the sheriff or marshal must contain a statement of the measurement and tonnage of the vessel and a general description of her condition.
(Amended by Stats. 1996, Ch. 872, Sec. 98. Effective January 1, 1997.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 2 - Civil Actions and Liens › ARTICLE 4 - Boaters Lien Law › Section 500.

500. This article shall be known and may be cited as the “Boaters Lien Law”.
(Repealed and added by Stats. 1982, Ch. 941, Sec. 2.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 2 - Civil Actions and Liens › ARTICLE 4 - Boaters Lien Law › Section 501.

501. As used in this article:
(a) “Department” means the Department of Motor Vehicles or any successor agency thereto which registers vehicles.
(b) “Mail” means first-class mail, postage prepaid, unless registered mail is specified. Registered mail includes certified mail.
(c) “Services” means the making of repairs or performing labor upon or to, and the furnishing of supplies or materials for, any vessel or any trailer used in connection with a vessel.
(d) “Storage” means the safekeeping, mooring, berthage, wharfage, or anchorage of a vessel and the providing of parking space for any trailer used in connection with the vessel.
(e) “Vessel” means every description of watercraft, other than a seaplane on the water or a floating home, used or capable of being used as a means of transportation on the water and required to be registered, excluding any vessel which has a valid marine document issued by the United States or any agency thereof. For the purposes of this article, “vessel” includes any trailer used in connection with the vessel which is in the possession of the lienholder at the time the lien arises.
(Repealed and added by Stats. 1982, Ch. 941, Sec. 2.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 2 - Civil Actions and Liens › ARTICLE 4 - Boaters Lien Law › Section 501.3.

501.3. The time a notice or statement is given or sent, unless otherwise expressly provided, means the time a written notice to a person is deposited in the United States mails; or the time any other written notice is personally delivered to the recipient.
(Added by Stats. 1982, Ch. 941, Sec. 2.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 2 - Civil Actions and Liens › ARTICLE 4 - Boaters Lien Law › Section 501.5.

501.5. The possessory vessel lien procedures described by the provisions of this article shall supersede any local ordinance and shall provide the exclusive means of enforcing these liens. Nothing in this article shall be construed as affecting any maritime lien cognizable under any federal law.
(Repealed and added by Stats. 1982, Ch. 941, Sec. 2.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 2 - Civil Actions and Liens › ARTICLE 4 - Boaters Lien Law › Section 505.

505. (a) A registered or legal owner of a vessel may release any interest in the vessel after the lien has arisen. The release shall be dated when signed and a copy shall be given at the time the release is signed to the person releasing the interest.
(b) The release shall be in at least 12-point type and shall contain all of the following information in simple, nontechnical language:
(1) A description of the vessel, including the make, the identification number, and the state of registration, to the extent available.
(2) The names and addresses of the registered and legal owners of record with the department, to the extent available.
(3) A statement of the amount of the lien and the facts which give rise to the lien.
(4) A statement that the person releasing the interest understands that (i) he or she has a legal right to a hearing in court prior to any sale of the vessel to satisfy the lien and (ii) he or she is giving up the right to appear to contest the claim of the lienholder.
(5) A statement that (i) the person releasing the interest gives up any interest he or she may have in the vessel and (ii) he or she is giving the lienholder permission to sell the vessel.
(c) The release required by this section shall be filed with the department in connection with any transfer of interest in a vessel following a lien sale.
(Repealed and added by Stats. 1982, Ch. 941, Sec. 2.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 2 - Civil Actions and Liens › ARTICLE 4 - Boaters Lien Law › Section 505.5.

505.5. (a) Whenever the lien upon any vessel is lost by reason of the loss of possession through trick, fraud, or device, the repossession of the vessel by the former lienholder claimant revives the lien, but a lien so revived is subordinate to any right, title, or interest of a person under a sale, transfer, encumbrance, lien, or other interest acquired or secured in good faith and for value between the time of the loss of possession and the time of repossession.
(b) It is a misdemeanor for a person to obtain possession of a vessel or any part of the vessel subject to a lien pursuant to the provisions of this chapter by trick, fraud, or device.
(c) It is a misdemeanor for a person claiming a lien on a vessel to knowingly violate this article.
(d) A person found guilty of a misdemeanor violation of subdivision (b) or (c) shall be subject to a fine not to exceed one thousand dollars ($1,000) or imprisonment in the county jail not to exceed six months, or both that fine and imprisonment.
(Amended by Stats. 2009, Ch. 610, Sec. 29. (SB 717) Effective January 1, 2010.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 2 - Civil Actions and Liens › ARTICLE 4 - Boaters Lien Law › Section 506.

506. No lien sale shall be undertaken pursuant to Section 503 or 504 unless the vessel has been available for inspection at a location easily accessible to the public for at least one hour before the sale and is at the place of sale at the time and date specified on the notice of sale. Sealed bids shall not be accepted. The lienholder shall conduct the sale in a commercially reasonable manner.
(Added by Stats. 1982, Ch. 941, Sec. 2.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 2 - Civil Actions and Liens › ARTICLE 4 - Boaters Lien Law › Section 506.5.

506.5. Within 10 days after the sale of any vessel pursuant to the provisions of Section 503 or 504, the legal or registered owner may redeem the vessel upon the payment of the amount of the lien, all costs and expenses of the lien, together with interest on that sum at the legal rate from the due date thereof until the repayment. If the vessel is not redeemed, all lien sale documents required by the department to effect transfer of title shall then be completed and delivered to the buyer.
(Added by Stats. 1982, Ch. 941, Sec. 2.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 2 - Civil Actions and Liens › ARTICLE 4 - Boaters Lien Law › Section 507.

507. (a)  Except as provided in subdivision (b), at the time a lienholder applies to the department to conduct a sale under Section 504, the lienholder shall submit with the application a declaration by a licensed yacht and ship broker of the fair market value of the described vessel at a specific date within 30 days of that submission. The opinion need not be based upon a marine survey, but shall be based on a physical inspection of the vessel. No cause of action shall lie against the declarant on account of the opinion given.
(b) The declaration specified in subdivision (a) is not required if a public agency removes an abandoned vessel, or arranges, by contract, for the removal of the vessel, from a highway or from public or private property.
(1) For lien sale purposes, the public agency which removed the vessel, or arranged for the removal, shall determine if the estimated value of the vessel that has been ordered removed or stored is one thousand five hundred dollars ($1,500) or less.
(2) If the public agency fails or refuses to determine the estimated value of the vessel within three days after the date of removal of the vessel, the lienholder or the lienholder’s agent shall determine, under penalty of perjury, if the estimated value of the vessel that has been ordered removed or stored is one thousand five hundred dollars ($1,500) or less.
(Amended by Stats. 1986, Ch. 310, Sec. 1.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 2 - Civil Actions and Liens › ARTICLE 4 - Boaters Lien Law › Section 507.5.

507.5. The proceeds of a vessel lien sale shall be disposed of as follows:
(a) The amount necessary to discharge the lien and the actual cost of selling the vessel shall be paid to the lienholder. Actual cost of sale shall include any fees charged by the department, publication fees, postage and service of notices, whether incurred as a result of a sale or redemption by the registered or legal owner without a sale. The actual cost of sale shall not exceed one hundred dollars ($100) for a vessel without a trailer and one hundred twenty-five dollars ($125) for a vessel with a trailer, exclusive of the charges of the department.
(b) The balance, if any, shall be forwarded to the department within 15 days of any sale. Within 30 days thereafter, the department shall send notice of the receipt of the funds, if the amount thereof exceeds ten dollars ($10), to the legal and registered owners at the most current addresses shown in the department’s records.
(c) Any person claiming an interest in the vessel may file a claim with the department for any portion of the funds forwarded to the department pursuant to subdivision (b). Upon determination of the department that the claimant is entitled to a portion of those funds, the department shall pay any entitled amount which does not exceed the balance of the funds remaining on deposit with the department that pertain to the vessel. The department shall not honor any claim unless the claim has been filed within three years of the date the funds were received. At the end of each fiscal year the department shall deposit in the Harbors and Watercraft Revolving Fund all funds held by it for which no claim was filed within the three-year period.
(Added by Stats. 1982, Ch. 941, Sec. 2.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 2 - Civil Actions and Liens › ARTICLE 4 - Boaters Lien Law › Section 508.

508. A lien provided for in this article for repairs, labor, supplies, or materials for, or for storage or safekeeping of, a vessel may be assigned by written instrument accompanied by delivery of possession of the vessel subject to the lien, and the assignee may exercise the rights of a lienholder as provided in this article. A lienholder assigning a lien as authorized in this section shall at the time of assigning the lien give written notice of the assignment either by personal delivery or by certified mail, to the registered and legal owners of the vessel, indicating the name and address of the person to whom the lien is assigned.
(Amended by Stats. 2006, Ch. 538, Sec. 345. Effective January 1, 2007.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 2 - Civil Actions and Liens › ARTICLE 4 - Boaters Lien Law › Section 508.5.

508.5. All forms required pursuant to this article shall be prescribed by the department. Language used in the notices and declarations shall be simple and nontechnical.
(Added by Stats. 1982, Ch. 941, Sec. 2.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 2 - Civil Actions and Liens › ARTICLE 4 - Boaters Lien Law › Section 509.

509. No lien shall attach to any personal property in or on the vessel except that which is carried on the vessel for lifesaving, safety, mooring, and operating purposes. Personal property not subject to lien shall be given to the registered owner or the owner’s authorized agent upon demand.
(Added by Stats. 1982, Ch. 941, Sec. 2.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 3 - Wrecks and Salvage › ARTICLE 1 - Wrecks and Wrecked Property › Section 510.

510. The sheriff of each county shall give all possible aid and assistance to vessels stranded on its coast, and to the persons on board. He shall exert himself to save and preserve such persons, vessels, and their cargoes, and all goods and merchandise which may be cast by the sea upon the land, and to this end he may employ as many persons as he may think proper. All citizens shall aid the sheriff when required.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 3 - Wrecks and Salvage › ARTICLE 1 - Wrecks and Wrecked Property › Section 511.

511. Wrecked property may be kept or reclaimed at the time of the wreck by the owner, consignee, or other person entitled to possession; but if any person has a just claim for salvage and necessary expenses incurred in saving it, the claim shall be paid before the property can be reclaimed.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 3 - Wrecks and Salvage › ARTICLE 1 - Wrecks and Wrecked Property › Section 512.

512. The sheriff of any county in which any wrecked property is found, when no person entitled to possession appears, shall take possession of it in the name of the people, cause its value to be appraised by disinterested persons, and keep it in some safe place to answer the owner’s claims.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 3 - Wrecks and Salvage › ARTICLE 1 - Wrecks and Wrecked Property › Section 513.

513. If wrecked property is in a perishable state, the sheriff shall apply to the judge of the superior court, upon a verified petition, for an order authorizing the sheriff to sell it. If the judge is satisfied that a sale of the property would be beneficial to the persons interested, he or she shall make the order applied for, and the property shall then be sold at public auction, as specified in the order. The proceeds, deducting the expenses of salvage, storage, and sale as settled and allowed by the judge, shall be transmitted to the Treasurer for deposit in the General Fund.
(Amended by Stats. 1997, Ch. 930, Sec. 1. Effective January 1, 1998.)