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Title 46 — ShippingRelease 119-73

§10902 Complaints of unfitness

Title 46 › Subtitle Subtitle II— - Vessels and Seamen › Part Part G— - Merchant Seamen Protection and Relief › Chapter CHAPTER 109— - PROCEEDINGS ON UNSEAWORTHINESS › § 10902

Last updated Apr 6, 2026|Official source

Summary

If the ship’s chief and second mate, or most of the crew, find before leaving port that the ship is unsafe or lacking in things like crew, hull, gear, machinery, clothing, furniture, food, water, or stores and want an inspection, the captain must immediately ask the local U.S. district court or, if no court is sitting there, a judge or justice of the peace, to send surveyors to check the ship. At least two crew members who complained must go with the captain when asking for this. If the captain does not do this, the United States can fine the captain $500. Any three seamen can complain at any time if the food or water is poor, unsafe, or not enough. They can complain to the Secretary, a U.S. naval commanding officer, a consular officer, or the chief Customs official. That official must inspect (or have the supplies inspected). If the supplies are bad or short, the inspector must give the captain a written note saying what is wrong, write the results in the ship’s official logbook, and send a report to the U.S. district court where the ship will arrive; that report can be used in court. If, after getting that written note, the captain does not replace bad items when replacements are available, does not get enough supplies when there is a shortage, or uses supplies certified as bad, the captain can be fined up to $100 each time.

Full Legal Text

Title 46, §10902

Shipping — Source: USLM XML via OLRC

(a)(1)If the chief and second mates or a majority of the crew of a vessel ready to begin a voyage discover, before the vessel leaves harbor, that the vessel is unfit as to crew, hull, equipment, tackle, machinery, apparel, furniture, provisions of food or water, or stores to proceed on the intended voyage and require the unfitness to be inquired into, the master immediately shall apply to the district court of the United States at the place at which the vessel is located, or, if no court is being held at the place at which the vessel is located, to a judge or justice of the peace, for the appointment of surveyors. At least 2 complaining seamen shall accompany the master to the judge or justice of the peace.
(2)A master failing to comply with this subsection is liable to the United States Government for a civil penalty of $500.
(b)(1)Any 3 seamen of a vessel may complain that the provisions of food or water for the crew are, at any time, of bad quality, unfit for use, or deficient in quantity. The complaint may be made to the Secretary, commanding officer of a United States naval vessel, consular officer, or chief official of the Customs Service.
(2)The Secretary, officer, or official shall examine, or have examined, the provisions of food or water. If the provisions are found to be of bad quality, unfit for use, or deficient in quantity, the person making the findings shall certify to the master of the vessel which provisions are of bad quality, unfit for use, or deficient.
(3)The Secretary, officer, or official to whom the complaint was made shall—
(A)make an entry in the official logbook of the vessel on the results of the examination; and
(B)submit a report on the examination to the district court of the United States at which the vessel is to arrive, with the report being admissible into evidence in any legal proceeding.
(4)The master is liable to the Government for a civil penalty of not more than $100 each time the master, on receiving the certification referred to in paragraph (2) of this subsection—
(A)does not provide other proper provisions of food or water, when available, in place of the provisions certified as of bad quality or unfit for use;
(B)does not obtain sufficient provisions when the certification includes a finding of a deficiency in quantity; or
(C)uses provisions certified to be of bad quality or unfit for use.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource section (U.S. Code) 10902(a)46:653 10902(b)46:662 section 10902 instructs the crew on making complaints of unfitness of vessel with regard to equipment and provisions, and instructs the master on responding to those complaints, and provides a penalty for violations.

Editorial Notes

Amendments

1993—Subsec. (b)(1). Pub. L. 103–206, § 422(b)(1), inserted “Secretary,” after “The complaint may be made to the” and struck out “Coast Guard shipping commissioner,” after “consular officer,”. Subsec. (b)(2), (3). Pub. L. 103–206, § 422(b)(2), substituted “The Secretary, officer,” for “The officer, commissioner,”.

Statutory Notes and Related Subsidiaries

Transfer of Functions

For

Transfer of Functions

, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see section 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.

Reference

Citations & Metadata

Citation

46 U.S.C. § 10902

Title 46 — Shipping

Last Updated

Apr 6, 2026

Release point: 119-73