§12136 — Title 46 Shipping | U.S. Code

Summary

If a vessel’s certificate of documentation is invalid or has a bad endorsement, it must be turned in under rules the Secretary sets. The Secretary can put conditions on giving approval to turn in the certificate for vessels over 1,000 gross tons. If the vessel has a mortgage filed under section 31321, the Secretary can approve surrender only if the mortgagee agrees. The Secretary cannot refuse approval just because a notice of a claim of a lien was recorded under section 31343(a). Even if a certificate is invalid, the vessel is treated as still documented until the certificate is actually surrendered with the Secretary’s approval for certain laws, including chapter 313 (for instruments filed or recorded before invalidation and later assignments), sections 56101 and 56102(a)(2), chapter 563, and any other laws the Secretary names by rule. This does not apply if a district court of the United States has ordered the vessel forfeited or sold.

Title 46, §12136

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(a)An invalid certificate of documentation, or a certificate with an invalid endorsement, shall be surrendered as provided by regulations prescribed by the Secretary.

(b)(1)The Secretary may condition approval of the surrender of the certificate of documentation for a vessel over 1,000 gross tons.

(2)The Secretary may approve the surrender of the certificate of documentation of a vessel covered by a mortgage filed or recorded under section 31321 of this title only if the mortgagee consents.

(3)The Secretary may not refuse to approve the surrender of the certificate of documentation for a vessel solely on the basis that a notice of a claim of a lien on the vessel has been recorded under section 31343(a) of this title.

(c)(1)Notwithstanding subsection (a), until the certificate of documentation is surrendered with the approval of the Secretary, a documented vessel is deemed to continue to be documented under this chapter for purposes of—

(A)chapter 313 of this title for an instrument filed or recorded before the date of invalidation and an assignment after that date;

(B)section 56101 and 56102(a)(2) and chapter 563 of this title; and

(C)any other law of the United States identified by the Secretary by regulation as a law to which the Secretary applies this subsection.

(2)This subsection does not apply when a vessel is forfeited or sold by order of a district court of the United States.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 12136(a)46:12111(b). 12136(b)(1)46:12111(d)(2). 12136(b)(2)46:12111(c)(3). 12136(b)(3)46:12111(d)(1). 12136(c)(1)46:12111(c)(1). 12136(c)(2)46:12111(c)(2). In subsection (a), the words “or a certificate with an invalid endorsement” are added for clarity.

Statutory Notes and Related Subsidiaries

Documentation Surrender and Invalidation Pub. L. 101–225, title III, § 301(b), Dec. 12, 1989, 103 Stat. 1922, provided that: “section 12111(c)(3) [now section 12136(b)(2)] of title 46, United States Code, does not apply to a mortgage that— “(1) was filed or recorded before January 1, 1989; and “(2) was not a preferred mortgage (as that term is defined in section 31301(6) of that title) on that date.”

§12136 Surrender of certificates of documentation

Summary

Title 46, §12136

Notes & Related Subsidiaries

Historical and Revision Notes

Statutory Notes and Related Subsidiaries

Citations & Metadata