46-U.S.C.-30506
§30506 – Limit of Liability For Personal Injury Or Death
Pathway
Title 46 > Subtitle III > Chapter 305 > Section 30506
Details
- Reference: Section 30506
- Legend: §30506 – Limit of Liability For Personal Injury Or Death
- USCode Year: 2013
Provision Content
(a) Application.—This section applies only to seagoing vessels, but does not apply to pleasure yachts, tugs, towboats, towing vessels, tank vessels, fishing vessels, fish tender vessels, canal boats, scows, car floats, barges, lighters, or nondescript vessels.
(b) Minimum Liability.—If the amount of the vessel owners liability determined under section 30505 of this title is insufficient to pay all losses in full, and the portion available to pay claims for personal injury or death is less than $420 times the tonnage of the vessel, that portion shall be increased to $420 times the tonnage of the vessel. That portion may be used only to pay claims for personal injury or death.
(c) Calculation of Tonnage.—Under subsection (b), the tonnage of a self-propelled vessel is the gross tonnage without deduction for engine room, and the tonnage of a sailing vessel is the tonnage for documentation. However, space for the use of seamen is excluded.
(d) Claims Arising on Distinct Occasions.—Separate limits of liability apply to claims for personal injury or death arising on distinct occasions.
(e) Privity or Knowledge.—In a claim for personal injury or death, the privity or knowledge of the master or the owners superintendent or managing agent, at or before the beginning of each voyage, is imputed to the owner.
(Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1513.)
| Revised Section |
Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30506(a) | 46 App.:183(f) (related to 46 App.:183(b)–(e)). | |
| 30506(b) | 46 App.:183(b) (1st sentence). | R.S. §4283(b) (1st sentence); Aug. 29, 1935, ch. 804, §1, 49 Stat. 960; June 5, 1936, ch. 521, §1, 49 Stat. 1479; Pub. L. 98–498, title II, §213(a), Oct. 19, 1984, 98 Stat. 2306. |
| 30506(c) | 46 App.:183(c). | R.S. §4283(c)–(f) (related to R.S. §4283(b)–(e)); Aug. 29, 1935, ch. 804, §1, 49 Stat. 960; June 5, 1936, ch. 521, §1, 49 Stat. 1480. |
| 30506(d) | 46 App.:183(d). | |
| 30506(e) | 46 App.:183(e). |
Subsection (a) is written as an application provision rather than as a definition to be more direct and to avoid having to repeat the word seagoing throughout the section. The words fishing vessel, fish tender vessel are substituted for fishing vessels or their tenders for clarity. The words nondescript vessel are substituted for nondescript self-propelled vessels and nondescript non-self-propelled vessels to eliminate unnecessary words. The words self-propelled lighters are omitted as covered by lighter. The words even though the same may be seagoing vessels within the meaning of such term as used in section 188 of this Appendix, as amended are omitted as unnecessary. This provision is restated also at section 30508(a) of the revised title.
In subsection (b), the words is such that the portion available to pay claims for personal injury or death are substituted for is insufficient to pay all losses in full, and the portion of such amount applicable to the payment of losses in respect of loss of life or bodily injury to eliminate unnecessary words.
In subsection (c), the words self-propelled vessel are substituted for steam or motor vessel, and the words tonnage for documentation are substituted for registered tonnage, for consistency in the revised title. The words space for the use of seamen are substituted for space occupied by seamen or apprentices and appropriated to their use to eliminate unnecessary words.
In subsection (d), the words Separate limits of liability apply are substituted for The owner . . . shall be liable . . . to the same extent as if no other loss of life or bodily injury had arisen to eliminate unnecessary words.
In subsection (e), the words the privity or knowledge . . . is imputed to the owner are substituted for shall be deemed conclusively the privity or knowledge of the owner for consistency and to eliminate unnecessary words.
U.S. Encyclopedia of Law Coverage
46-U.S.C.-30301 in the Legal Encyclopedia: Shipping
In this entry about 46-U.S.C.-30301, find legal reference material, bibliographies and premiere content related to shipping in the American Encyclopedia of Law, presenting a comprehensive view of the United States shipping-specific issues, written by authorities in the field.
46-U.S.C.-30303 in the Legal Encyclopedia: Maritime Liability
In this entry about 46-U.S.C.-30303, find legal reference material, bibliographies and premiere content related to maritime liability in the American Encyclopedia of Law, presenting a comprehensive view of the United States maritime liability-specific issues, written by authorities in the field.
46-U.S.C.-30306 in the Legal Encyclopedia: Liability
In this entry about 46-U.S.C.-30306, find legal reference material, bibliographies and premiere content related to liability in the American Encyclopedia of Law, presenting a comprehensive view of the United States liability-specific issues, written by authorities in the field.
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