§2303 — Title 46 Shipping | U.S. Code

Summary

Requires the person in charge of a vessel in an accident to help anyone in danger from the accident, so long as helping will not put the ship or people aboard in serious danger. They must also give their name, address, and the ship’s identity to other involved vessel masters, to injured people, and to owners of damaged property. Violators can be fined up to $1,000 or jailed up to 2 years, and the vessel can be held responsible to the United States for the fine. A person who follows the help duty or who voluntarily and in good faith helps at the scene, without objection by the person helped, is not liable for damages from providing or arranging salvage, towing, medical care, or other help if they acted as a reasonable person would.

Title 46, §2303

Shipping — Source: USLM XML via OLRC

(a)The master or individual in charge of a vessel involved in a marine casualty shall—

(1)render necessary assistance to each individual affected to save that affected individual from danger caused by the marine casualty, so far as the master or individual in charge can do so without serious danger to the master’s or individual’s vessel or to individuals on board; and

(2)give the master’s or individual’s name and address and identification of the vessel to the master or individual in charge of any other vessel involved in the casualty, to any individual injured, and to the owner of any property damaged.

(b)An individual violating this section or a regulation prescribed under this section shall be fined not more than $1,000 or imprisoned for not more than 2 years. The vessel also is liable in rem to the United States Government for the fine.

(c)An individual complying with subsection (a) of this section or gratuitously and in good faith rendering assistance at the scene of a marine casualty without objection by an individual assisted, is not liable for damages as a result of rendering assistance or for an act or omission in providing or arranging salvage, towage, medical treatment, or other assistance when the individual acts as an ordinary, reasonable, and prudent individual would have acted under the circumstances.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource section (U.S. Code) 2303(a)33:36746:1465(a) 2303(b)33:368 2303(c)46:1465(b) section 2303 requires a master or anyone in charge of a vessel to provide assistance and render aid to those involved in a marine casualty and to exchange information in a manner similar to automobile accident cases. It also includes a “Good Samaritan” clause that exonerates anyone from liability when rendering assistance in an ordinary, reasonable, or prudent manner.

§2303 Duties related to marine casualty assistance and information

Summary

Title 46, §2303

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata