46 U.S.C. § 44103 — Financial responsibility to pay liability for death or injury
submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 267 words · no verdicts yet
This section addresses Financial responsibility to pay liability for death or injury. It states the specific definitions, duties, permissions, procedures, and limits set out below.
(a) General Requirement — The owner or charterer of a vessel* to which this chapter applies must establish, under regulations prescribed by the Federal Maritime Commission, financial responsibility to meet liability for death or injury to passengers or other individuals on a voyage to or from a port in the United States.
(b) Amounts — (1) generally — The amount of financial responsibility required under subsection
(a) must be based on the number of passenger accommodations as follows:
(A) $20,000 for each of the first 500 passenger accommodations.
(B) $15,000 for each additional passenger accommodation between 501 and 1,000.
(C) $10,000 for each additional passenger accommodation between 1,001 and 1,500.
(D) $5,000 for each additional passenger accommodation over 1,500.
(2) Multiple vessels — If the owner or charterer is operating more than one vessel subject to this chapter, the amount of financial responsibility must be based on the number of passenger accommodations on the vessel with the largest number of passenger accommodations.
(c) Availability To Pay Judgment — The amount determined under subsection
(b) must be available to pay a judgment for damages (whether less than or more than $20,000) for death or injury to a passenger or other individual on a voyage to or from a port in the United States.
(d) Means of Establishing — Financial responsibility under this section can be established by one or more of the following if acceptable to the Commission:
(1) Insurance.
(2) Surety bond issued by a bonding company authorized to do business in the United States.
(3) Qualification as a self-insurer.
(4) Other evidence of financial responsibility.
The owner or charterer of a vessel* to which this chapter applies shall establish, under regulations prescribed by the Federal Maritime Commission, financial responsibility to meet liability for death or injury to passengers or other individuals on a voyage to or from a port in the United States.
The amount of financial responsibility required under subsection (a) shall be based on the number of passenger accommodations as follows:
$20,000 for each of the first 500 passenger accommodations.
$15,000 for each additional passenger accommodation between 501 and 1,000.
$10,000 for each additional passenger accommodation between 1,001 and 1,500.
$5,000 for each additional passenger accommodation over 1,500.
If the owner or charterer is operating more than one vessel subject to this chapter, the amount of financial responsibility shall be based on the number of passenger accommodations on the vessel with the largest number of passenger accommodations.
The amount determined under subsection (b) shall be available to pay a judgment for damages (whether less than or more than $20,000) for death or injury to a passenger or other individual on a voyage to or from a port in the United States.
Financial responsibility under this section may be established by one or more of the following if acceptable to the Commission:
Insurance.
Surety bond issued by a bonding company authorized to do business in the United States.
Qualification as a self-insurer.
Other evidence of financial responsibility.
Source credit: (Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1554.)
- 2006Enacted · Pub. L. 109-304 · 120 Stat. 1554
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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