46 U.S.C. § 12134 — Evidentiary uses of documentation

submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 53 words · no verdicts yet

in plain englishAI-generated · not legal advice

A vessel's certificate of documentation is conclusive proof of its nationality internationally, but not in a US legal proceeding. It's also conclusive proof the vessel qualifies for its named trade. It is not conclusive proof of ownership when ownership is disputed.

A vessel's certificate of documentation counts as strong legal proof in some situations but not others. It is (1) conclusive evidence of the vessel's nationality for international purposes, but not conclusive evidence of nationality in a proceeding conducted under US law. It is (2) conclusive evidence that the vessel qualifies to engage in the trade named on the certificate. And it is (3) not conclusive evidence of who owns the vessel, in a proceeding where ownership is disputed.

the actual law source: uscode.house.gov ↗public domain

A certificate of documentation is—

(1)

conclusive evidence of nationality for international purposes, but not in a proceeding conducted under the laws of the United States;

(2)

conclusive evidence of qualification to engage in a specified trade; and

(3)

not conclusive evidence of ownership in a proceeding in which ownership is in issue.

Source credit: (Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1506.)

history & why it existsrecord from the source credit

2006Enacted · Pub. L. 109-304 · 120 Stat. 1506

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-304 on 2006-10-06.

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