§10508 — Title 46 Shipping | U.S. Code

Summary

If a ship’s captain hires a seaman without first getting the required written agreement, the captain must pay that seaman the highest wage that was paid for a similar voyage at that port during the 3 months before hiring. A seaman who did not sign an agreement is not subject to the related rules, penalties, or losses. If a captain hires a seaman in violation of this chapter or its rules, the captain can be fined up to $5,000. The vessel itself can also be held responsible for the fine.

Title 46, §10508

Shipping — Source: USLM XML via OLRC

(a)A master who carries a seaman on a voyage without first making the agreement required by section 10502 of this title shall pay to the seaman the highest wage that was paid for a similar voyage within the 3 months before the time of engagement at the port or place at which the seaman was engaged. A seaman who has not signed an agreement is not bound by the applicable regulations, penalties, or forfeitures.

(b)A master engaging a seaman in violation of this chapter or a regulation prescribed under this chapter is liable to the United States Government for a civil penalty of not more than $5,000. The vessel also is liable in rem for the penalty.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource section (U.S. Code) 1050846:575 section 10508 provides for a fair wage to be paid to a seaman who was engaged without a shipping agreement, and also exempts the seaman under certain conditions from applicable

Regulations

, penalties or forfeitures. It also provides a penalty for violation of its provisions.

Editorial Notes

Amendments

1993—Subsec. (b). Pub. L. 103–206 substituted “not more than $5,000” for “$20”.

§10508 General penalties