46-U.S.C.-44103

§44103 – Financial Responsibility to Pay Liability For Death Or Injury

Pathway

Title 46 > Subtitle IV > Part C > Chapter 441 > Section 44103

Details

• Reference: Section 44103
• Legend: §44103 – Financial Responsibility to Pay Liability For Death Or Injury
• USCode Year: 2013

Provision Content

(a) General Requirement.—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.

(b) Amounts.—

(1) In general.—The amount of financial responsibility required under subsection (a) shall 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 shall 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) 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.

(d) Means of Establishing.—Financial responsibility under this section may 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.

(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1554.)

In subsection (d)(2), the words issued by a bonding company authorized to do business in the United States are substituted for 46 App. U.S.C. 817d(b) to eliminate unnecessary words. The words or any State thereof or the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, or any territory or possession of the United States are omitted as unnecessary because of the definition of United States in chapter 1 of the revised title.

U.S. Encyclopedia of Law Coverage

46-U.S.C.-42109 in the Legal Encyclopedia: Shipping

In this entry about 46-U.S.C.-42109, 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.

Part C – Miscellaneous in the Legal Encyclopedia: Regulation of Ocean Shipping

In this entry about Part C – Miscellaneous, find legal reference material, bibliographies and premiere content related to regulation of ocean shipping in the American Encyclopedia of Law, presenting a comprehensive view of the United States regulation of ocean shipping-specific issues, written by authorities in the field.

Topic Map

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