§44103 — Title 46 Shipping | U.S. Code

Summary

Ship owners and charterers must show they can pay for death or injury to passengers or other people on voyages to or from a U.S. port. The required amount is based on passenger accommodations: $20,000 for each of the first 500, $15,000 for each from 501 to 1,000, $10,000 for each from 1,001 to 1,500, and $5,000 for each over 1,500. If an owner or charterer runs more than one covered ship, use the ship with the most passenger accommodations to figure the amount. That money must be available to pay any court award for death or injury, even if the award is under or over $20,000. The Federal Maritime Commission sets rules and will accept proof of coverage like insurance, a surety bond from a U.S.-authorized bonding company, qualifying as a self-insurer, or other evidence it approves.

Title 46, §44103

Shipping — Source: USLM XML via OLRC

(a)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)(1)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)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)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)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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 4410346 App.:817d(a) (1st–5th, 29th–last words), (b).Pub. L. 89–777, § 2(a) (1st–5th, 29th–last words), (b), Nov. 6, 1966, 80 Stat. 1356. 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.

§44103 Financial responsibility to pay liability for death or injury

Summary

Title 46, §44103

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata