§80107 — Title 46 Shipping | U.S. Code

Summary

If you rescue people after a sea accident that also involves salvage, you can get a fair share of the payment awarded for saving the ship, other property, or preventing harm to the environment. Shared ownership of the vessels doesn’t stop that right. You must sue within 2 years after the aid, unless the court finds there was no reasonable chance in that period to seize the helped vessel in its jurisdiction or in the claimant’s country of residence or main business. The rule does not cover warships or U.S. government vessels used only for public service.

Title 46, §80107

Shipping — Source: USLM XML via OLRC

(a)A salvor of human life, who gave aid following an accident giving rise to salvage, is entitled to a fair share of the payment awarded to the salvor for salvaging the vessel or other property or preventing or minimizing damage to the environment.

(b)The right to remuneration for aid or salvage services is not affected by common ownership of the vessels giving and receiving the aid or salvage services.

(c)A civil action to recover remuneration for giving aid or salvage services must be brought within 2 years after the date the aid or salvage services were given, unless the court in which the action is brought is satisfied that during that 2-year period there had not been a reasonable opportunity to seize the aided or salvaged vessel within the jurisdiction of the court or within the territorial waters of the country of the plaintiff’s residence or principal place of business.

(d)This section does not apply to a vessel of war or a vessel owned by the United States Government appropriated only to a public service.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 80107(a)46 App.:729.Aug. 1, 1912, ch. 268, §§ 1, 3–5, 37 Stat. 242; Pub. L. 102–241, § 40, Dec. 19, 1991, 105 Stat. 2225. 80107(b)46 App.:727. 80107(c)46 App.:730. 80107(d)46 App.:731. In subsection (c), the words “civil action” are substituted for “suit”, the words “must be brought within 2 years after” are substituted for “shall not be maintainable if brought later than two years from”, and the word “seize” is substituted for “arresting”, for consistency in the revised title. The words “of the plaintiff’s residence or principal place of business” are substituted for “in which the libelant resides or has his principal place of business” for consistency and to eliminate unnecessary words. In subsectoin [sic] (d), the reference to section 2304 of title 46 is omitted because of the amendment to section 2304 in section 14(8) of the bill.

§80107 Salvors of life to share in remuneration

Summary

Title 46, §80107

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata