46 U.S.C. § 56302 — Charter terms
submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 119 words · no verdicts yet
When the government requisitions a vessel just for its use (not permanent ownership), this law requires the Secretary of Transportation to offer the owner a charter setting the terms and a fair rate of pay. If the owner refuses that offer, the dispute goes through the process in section 56304.
(a) In General. When a vessel* is requisitioned for use, but not for permanent ownership, the Secretary of Transportation must offer the person entitled to the vessel a charter. This offer must be made at the time of requisition, or as soon after as possible. The charter must state* the terms the Secretary believes should govern the relationship between the government and that person, and the rate of hire the Secretary considers fair payment for using the vessel and its required services.
(b) Refusal To Accept. If the person turns down the charter and rate of hire, both sides must follow the process laid out in section 56304 to resolve the disagreement.
If a vessel* is requisitioned for use but not ownership under this chapter, the Secretary of Transportation, at the time of requisition or as soon thereafter as the situation allows, shall offer the person entitled to possession of the vessel a charter containing—
the terms the Secretary believes should govern the relationship between the United States Government and the person; and
the rate of hire the Secretary considers just compensation for the use of the vessel and the services required under the charter.
If the person does not accept the charter and rate of hire, the parties shall proceed as provided in section 56304 of this title.
Source credit: (Pub. L. 109–304, § 8(c), Oct. 6, 2006, 120 Stat. 1654.)
- 2006Enacted · Pub. L. 109-304 · 120 Stat. 1654
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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