46 U.S.C. § 11104 — Destitute seamen
submitted 43 years ago by Pub. L. 98-89 to r/title-46-SHIPPING · 313 words · no verdicts yet
A consular officer must arrange food and transportation to the United States for a destitute United States seaman. A United States vessel heading home generally must take such a seaman, subject to capacity and contagious-disease exceptions.
(a) A consular officer* must provide a destitute United States seaman with food and passage to a United States port in the most reasonable way, paid for by the United States Government and governed by the Secretary of State’s regulations. If able, the seaman must work on the vessel* providing passage, according to the seaman’s rating.
(b) At a consular officer’s request, the master of a United States vessel bound for a United States port must take a destitute seaman aboard and carry the seaman to the United States. A master who refuses owes the United States Government a $100 civil penalty. The officer’s signed and sealed certificate is prima facie evidence of refusal. The master need not take the seaman if doing so would exceed the number allowed by the vessel’s certificate of inspection or if the seaman has a contagious disease.
(c) For a destitute seaman who cannot work, the master and consular officer must agree on payment for transportation to the United States under the Secretary of State’s regulations. Payment may not exceed the vessel’s lowest passenger rate or 2 cents per mile, whichever is less.
(d) If a United States vessel takes aboard a destitute seaman who cannot work from a place without a consular officer, to carry the seaman to the United States or to a port with a consular officer, the master or owner must receive reasonable compensation under the Secretary of State’s regulations.
A consular officer* shall provide, for a destitute seaman of the United States, subsistence and passage to a port of the United States in the most reasonable manner, at the expense of the United States Government and subject to regulations prescribed by the Secretary of State*. A seaman, if able, shall be required to perform duties on the vessel* giving the seaman passage, in accordance with the seaman’s rating.
A master of a vessel of the United States* bound to a port of the United States shall take a destitute seaman on board at the request of a consular officer and transport the seaman to the United States. A master refusing to transport a destitute seaman when requested is liable to the United States Government for a civil penalty of $100. The certificate signed and sealed by a consular officer is prima facie evidence of refusal. A master is not required to carry a destitute seaman if the seaman’s presence would cause the number of individuals on board to exceed the number permitted in the certificate of inspection or if the seaman has a contagious disease.
Compensation for the transportation of destitute seamen to the United States who are unable to work shall be agreed on by the master and the consular officer, under regulations prescribed by the Secretary of State. However, the compensation may be not more than the lowest passenger rate of the vessel, or 2 cents a mile, whichever is less.
When a master of a vessel of the United States takes on board a destitute seaman unable to work, from a port or place not having a consular officer, for transportation to the United States or to a port at which there is a consular officer, the master or owner of the vessel shall be compensated reasonably under regulations prescribed by the Secretary of State.
Source credit: (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 578.)
- 1983Enacted · Pub. L. 98-89 · 97 Stat. 578
A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-89 on 1983-08-26.
all 0 arguments · sorted by: best
no arguments yet — make the first case