§5113 — Title 46 Shipping | U.S. Code

Summary

The Secretary can stop a vessel from leaving a U.S. port if they think the vessel is about to leave in violation of the law. The Secretary must tell the owner or other people responsible for the vessel (for example, the charterer, operator, agent, or captain). A detained vessel can only be cleared under section 60105 after the problem is fixed. If it already had a clearance, that clearance will be taken back. The owner or responsible persons can ask the Secretary to review the detention under rules the Secretary sets. After the review, the Secretary can confirm, cancel, or change the detention. The Secretary may require an independent survey first. If the vessel is found to have violated the law, the owner must pay the costs of the review and any required survey.

Title 46, §5113

Shipping — Source: USLM XML via OLRC

(a)When the Secretary believes that a vessel is about to leave a place in the United States in violation of this chapter or a regulation prescribed under this chapter, the Secretary may detain the vessel by giving notice to the owner, charterer, managing operator, agent, master, or individual in charge of the vessel.

(b)A detained vessel may be cleared under section 60105 of this title only after the violation has been corrected. If the vessel was cleared before being detained, the clearance shall be withdrawn.

(c)Under regulations prescribed by the Secretary, the owner, charterer, managing operator, agent, master, or individual in charge of a detained vessel may petition the Secretary to review the detention order.

(d)After reviewing a petition, the Secretary may affirm, withdraw, or change the detention order. Before acting on the petition, the Secretary may require any independent survey that may be necessary to determine the condition of the vessel.

(e)The owner of a vessel is liable for the cost incident to a petition for review and any required survey if the vessel is found to be in violation of this chapter or a regulation prescribed under this chapter.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised section 5113 Source: Section (U.S. Code) 46 App. U.S.C. 86h, 88f. section 5113 authorizes the Secretary to detain a vessel if the Secretary believes that the vessel is in violation of the load line requirements, and describes the process through which a vessel may be cleared. It also states that a vessel owner is liable for certain costs resulting from a petition for review and load line survey that is made pursuant to a violation of load line requirements.

Editorial Notes

Amendments

2006—Subsec. (b). Pub. L. 109–304 substituted “section 60105 of this title” for “section 4197 of the Revised Statutes (46 App. U.S.C. 91)”.

§5113 Detention of vessels