46 U.S.C. § 8106 — Riding gangs
submitted 20 years ago by Pub. L. 109-241 to r/title-46-SHIPPING · 1,234 words · no verdicts yet
This law regulates "riding gang members" — extra repair workers, not part of a ship's regular crew, on U.S. freight vessels. Owners must verify their citizenship or visa status, check backgrounds, train and drug-test them, and limit non-citizen riding gang members to specific repair tasks and 60 days of work a year. Owners must first show not enough qualified U.S. workers were available, or face civil penalties up to $100,000.
(a) The owner or manager of a U.S. freight ship on voyages covered by the 1974 International Convention for Safety of Life at Sea must: make sure each riding gang member — extra technical or repair workers who aren't regular crew — is a U.S. citizen, a lawful permanent resident, or holds a proper U.S. work visa and required documents (except as allowed under (d)), that this paperwork stays on the ship for inspection, and that each member is listed on the crew list; certify that each member's background has been checked and found free of any credible risk to the ship, its cargo, the ports it visits, or people aboard, based on a search of reasonably available information in the person's home country and any country where they work or live, with that certificate kept on the ship and background details given to the Secretary on request; make sure every riding gang member goes through the same random drug testing as regular crew; make sure each gets Coast Guard-approved basic safety training meeting the 1978 international training convention's requirements; keep off the ship, or remove at the next port, any riding gang member convicted of certain offenses under section 7703, whose mariner's license was suspended or revoked under section 7704, or who otherwise threatens the ship's safety — and bar that person from working on the owner's other ships; certify that the total number of riding gang members plus other non-crew individuals allowed under section 3304 doesn't exceed 12; make sure every riding gang member works under conditions meeting or exceeding applicable international labor treaty standards and U.S. merchant seaman protections; and make sure each is supervised by someone licensed under chapter 71 and only works alongside crew holding merchant mariner documents under chapter 73.
(b) Except as allowed in (f), a riding gang member who isn't a U.S. citizen or lawful permanent resident can only do work preparing a ship to enter a foreign shipyard, finishing leftover repairs after leaving one, or doing technical in-voyage repairs — beyond what the crew can do — to extend the ship's useful life without a full shipyard visit.
(c) In a calendar year, such non-citizen riding gang members can work no more than 60 days total on a covered ship; if the ship is still at sea on the 60th day, each must be discharged at the next port reached. Every day worked counts toward that limit.
(d) Subsections (b), (c), (e), and (f) don't apply to a riding gang member hired only to do warranty-related work — work normally done by a manufacturer's technical representative, required by an equipment warranty, or required by a warranty on repairs done at a foreign shipyard. The citizenship rule in (a) still applies to this kind of worker only when the ship calls at a U.S. port while they're aboard.
(e) The owner or manager must also make sure all information needed to prove compliance with this section, as the Secretary decides, is entered into the ship's official logbook.
(f) An owner or operator can't hire a non-citizen, non-permanent-resident riding gang member for work described in (b) unless they first determine, under Secretary-set procedures, that there aren't enough qualified, available U.S. citizens or permanent residents for that work. Violating this rule brings a civil penalty of up to $10,000 per day the violation continues, capped at $100,000 total for a continuing violation. In setting the penalty, the Secretary considers the violation's nature, circumstances, extent, and seriousness, plus the violator's degree of fault, history of past violations, ability to pay, and other relevant factors. The Secretary may lower, change, or cancel a civil penalty, with or without conditions.
The owner or managing operator of a freight vessel of the United States* on voyages covered by the International Convention for Safety of Life at Sea, 1974 (32 UST 47m) shall—
ensure that—
subject to subsection (d), each riding gang member on the vessel*—
is a United States citizen or an alien lawfully admitted to the United States for permanent residence; or
possesses a United States nonimmigrant visa for individuals desiring to enter the United States temporarily for business, employment-related and personal identifying information, and any other documentation required by the Secretary;
all required documentation for such member is kept on the vessel and available for inspection by the Secretary; and
each riding gang member is identified on the vessel’s crew list;
ensure that—
the owner or managing operator attests in a certificate that the background of each riding gang member has been examined and found to be free of any credible information indicating a material risk to the security of the vessel, the vessel’s cargo, the ports the vessel visits, or other individuals onboard the vessel;
the background check consisted of a search of all information reasonably available to the owner or managing operator in the riding gang member’s country of citizenship and any other country in which the riding gang member works, receives employment referrals, or resides;
the certificate required under subparagraph (A) is kept on the vessel and available for inspection by the Secretary; and
the information derived from any such background check is made available to the Secretary upon request;
ensure that each riding gang member, while on board the vessel, is subject to the same random chemical testing and reporting regimes as crew members;
ensure that each such riding gang member receives basic safety familiarization and basic safety training approved by the Coast Guard as satisfying the requirements for such training under the International Convention of Training, Certification, and Watchkeeping for Seafarers, 1978;
prevent from boarding the vessel, or cause the removal from the vessel at the first available port, and disqualify from future service on board any other vessel owned or operated by that owner or operator, any riding gang member—
who has been convicted in any jurisdiction of an offense described in paragraph (2) or (3) of section 7703;
whose license, certificate of registry, or merchant mariner’s document has been suspended or revoked under section 7704; or
who otherwise constitutes a threat to the safety of the vessel;
ensure and certify to the Secretary that the sum of—
the number of riding gang members on board a freight vessel, and
the number of individuals in addition to crew permitted under section 3304,
does not exceed 12;
ensure that every riding gang member is employed on board the vessel under conditions that meet or exceed the minimum international standards of all applicable international labor conventions to which the United States is a party, including all of the merchant seamen protection and relief provided under United States law; and
ensure that each riding gang member—
is supervised by an individual who holds a license issued under chapter 71; and
only performs work in conjunction with individuals who hold merchant mariners documents issued under chapter 73 and who are part of the vessel’s crew.
Subject to subsection (f), a riding gang member on board a vessel to which subsection (a) applies who is neither a United States citizen nor an alien lawfully admitted to the United States for permanent residence may not perform any work on board the vessel other than—
work in preparation of a vessel entering a shipyard located outside of the United States;
completion of the residual repairs after departing a shipyard located outside of the United States; or
technical in-voyage repairs, in excess of any repairs that can be performed by the vessel’s crew, in order to advance the vessel’s useful life without having to actually enter a shipyard.
The maximum number of days in any calendar year that the owner or operator of a vessel to which subsection (a) applies may employ on board riding gang members who are neither United States citizens nor aliens lawfully admitted to the United States for permanent residence for work on board that vessel is 60 days. If the vessel is at sea on the 60th day, each riding gang member shall be discharged from the vessel at the next port of call reached by the vessel after the date on which the 60-workday limit is reached.
For the purpose of calculating the 60-workday limit under this subsection, each day worked by a riding gang member who is neither a United States citizen nor an alien lawfully admitted to the United States for permanent residence shall be counted against the limitation.
Subsections (b), (c), (e), and (f) do not apply to a riding gang member employed exclusively to perform, and who performs only, work that is—
customarily performed by original equipment manufacturers’ technical representatives;
required by a manufacturer’s warranty on specific machinery and equipment; or
required by a contractual guarantee or warranty on actual repairs performed in a shipyard located outside of the United States.
Subsection (a)(1)(A) applies only to a riding gang member described in paragraph (1) who is on the vessel when it calls at a United States port.
In addition to the requirements of subsection (a), the owner or managing operator of a vessel to which subsection (a) applies shall ensure that all information necessary to ensure compliance with this section, as determined by the Secretary, is entered into the vessel’s official logbook required by chapter 113.
The owner or operator of a vessel to which subsection (a) applies may not employ a riding gang member who is neither a United States citizen nor an alien lawfully admitted to the United States for permanent residence to perform work described in subsection (b) unless the owner or operator determines, in accordance with procedures established by the Secretary to carry out section 8103(b)(3)(C), that there is not a sufficient number of United States citizens or individuals lawfully admitted to the United States for permanent residence who are qualified and available for the work for which the riding gang member is to be employed.
A violation of paragraph (1) is punishable by a civil penalty of not more than $10,000 for each day during which the violation continues.
The maximum amount of a civil penalty for a violation under this subsection shall be $100,000.
In determining the amount of the penalty, the Secretary shall take into account the nature, circumstances, extent, and gravity of the violation committed and, with respect to the violator, the degree of culpability, the history of prior offenses, the ability to pay, and such other matters as justice may require.
The Secretary may compromise, modify, or remit, with or without conditions, any civil penalty imposed under this section.
Source credit: (Added Pub. L. 109–241, title III, § 312(a), July 11, 2006, 120 Stat. 530; amended Pub. L. 115–232, div. C, title XXXV, § 3546(g), Aug. 13, 2018, 132 Stat. 2326.)
- 2006Enacted · Pub. L. 109-241 · 120 Stat. 530
- 2018Amended · Pub. L. 115-232 · 132 Stat. 2326
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-241 on 2006-07-11.
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