46-U.S.C.-30511

§30511 – Action By Owner For Limitation

Pathway

Title 46 > Subtitle III > Chapter 305 > Section 30511

Details

• Reference: Section 30511
• Legend: §30511 – Action By Owner For Limitation
• USCode Year: 2013

Provision Content

(a) In General.—The owner of a vessel may bring a civil action in a district court of the United States for limitation of liability under this chapter. The action must be brought within 6 months after a claimant gives the owner written notice of a claim.

(b) Creation of Fund.—When the action is brought, the owner (at the owners option) shall—

(1) deposit with the court, for the benefit of claimants—

(A) an amount equal to the value of the owners interest in the vessel and pending freight, or approved security; and

(B) an amount, or approved security, that the court may fix from time to time as necessary to carry out this chapter; or

(2) transfer to a trustee appointed by the court, for the benefit of claimants—

(A) the owners interest in the vessel and pending freight; and

(B) an amount, or approved security, that the court may fix from time to time as necessary to carry out this chapter.

(c) Cessation of Other Actions.—When an action has been brought under this section and the owner has complied with subsection (b), all claims and proceedings against the owner related to the matter in question shall cease.

(Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1515.)

In subsection (a), the words bring a civil action . . . in a district court of the United States are substituted for petition a district court of the United States for consistency in the revised title and with other titles of the United States Code. See rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words of competent jurisdiction are omitted as unnecessary.

In subsection (b), the word pending before freight is added for consistency in the chapter. The words to carry out this chapter are substituted for to carry out the provisions of section 183 of this Appendix because of the reorganization of the source provisions.

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.

Topic Map

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