Title HNC — California Harb. & Nav. Code

If the owner of a vessel commits its possession and navigation to another, that other, and not the owner, is responsible for its repairs and supplies. (Enacted by Stats. 1937, Ch. 368.)

The registry, enrollment, and license of vessels are regulated by acts of Congress. (Enacted by Stats. 1937, Ch. 368.)

Any and all rights and obligations created pursuant to the provisions of Chapter 2 (commencing with Section 450) of this division are subordinate to any superseding federal law.

As used in this article, the following definitions apply: (a) “Customer” means any person who requests a repairperson to do work on a vessel which is in the possession of that person. (b) “Repairperson” means any person engaged in the business of repairing vessels. (c) “Vessel” m…

This article applies only to work done on a vessel with an estimated cost of one hundred dollars ($100) or more.

Notwithstanding Section 502, a repairperson has no lien on a vessel under this article for compensation for services rendered to the vessel, unless the repairperson has complied with this article.

No repairperson shall commence work for compensation without specific authorization from the customer or his or her agent in accordance with all of the following requirements: (a) The repairperson shall give to the customer either of the following: (1) A written estimated price f…

Any repairperson who gives an original estimate in good faith, shall not be obligated to complete a job within the quoted or written estimated price if additional, unforeseen work is necessary to complete the job and the customer refuses to consent to payment for the cost of that…

All work done by a repairperson, including all warranty work, shall be recorded on an invoice and shall describe all work done and parts supplied. Work and parts shall be listed separately on the invoice, which shall also state separately the subtotal prices for work and for part…

The invoice shall show the repairperson’s business name and address. If the repairperson’s telephone number is on the invoice, it shall be the telephone number that appears in any advertisement or on an advertising sign, and shall be the same number as that listed for the repairp…

Notwithstanding Section 413, upon authorization from the customer as to a specific job, a repairperson may work on a vessel on a time and materials basis.

(a) This article does not apply to a vessel in distress which is in need of immediate work critical to its preservation and safety, for which consent cannot expeditiously be obtained. (b) This section does not include any situation or accident caused to the vessel by the negligen…

A marine carrier is liable in like manner as an inland carrier, except for loss or injury caused by the perils of the sea or fire. (Enacted by Stats. 1937, Ch. 368.)

The liability of a common carrier by sea is further regulated by acts of Congress. (Enacted by Stats. 1937, Ch. 368.)

Perils of the sea are: (a) Storms and waves. (b) Rocks, shoals, and rapids. (c) Other obstacles, though of human origin. (d) Changes of climate. (e) The confinement necessary at sea. (f) Animals peculiar to the sea. (g) All other dangers peculiar to the sea. (Enacted by Stats. 19…

A marine carrier shall not stow freight upon deck during the voyage, except where it is usual so to do, nor make any improper deviation from or delay in the voyage, nor do any other unnecessary act which would avoid an insurance in the usual form upon the freight. (Enacted by Sta…

The owner of a vessel is bound to pay to the owner of her cargo the market value, at the time of arrival of the ship at the port of her destination, of that portion of her cargo which has been sold to enable the master to pay for the necessary repairs and supplies of the vessel. …

A carrier by water may, when in case of extreme peril it is necessary for the safety of the vessel or cargo, throw overboard, or otherwise sacrifice, any or all of the cargo or appurtenances of the vessel. Throwing property overboard for such purpose is called jettison, and the l…

So far as possible, a jettison shall begin with the most bulky and least valuable articles. (Enacted by Stats. 1937, Ch. 368.)

A jettison can be made only by authority of the master of a vessel, except in case of his disability, or of an overruling necessity, when it may be made by any other person. (Enacted by Stats. 1937, Ch. 368.)

The loss incurred by a jettison, when lawfully made, shall be borne in due proportion by all that part of the vessel, appurtenances, freightage, and cargo for the benefit of which the sacrifice is made, as well as by the owner of the thing sacrificed. (Enacted by Stats. 1937, Ch.…

The proportions in which a general average loss is to be borne shall be ascertained by an adjustment, in which the owner of each separate interest shall be charged with that proportion of the value of the thing lost which the value of his part of the property affected bears to th…

In estimating values for the purpose of a general average, the vessel and appurtenances shall be valued as at the end of the voyage, the freightage at one-half the amount due on delivery, and the cargo as at the time and place of its discharge; adding, in each case, the amount ma…

The owner of things stowed on deck, in case of their jettison, is entitled to the benefit of a general average contribution only if it is usual to stow such things on deck upon such a voyage. (Enacted by Stats. 1937, Ch. 368.)

The law concerning jettison and general average is equally applicable to every other voluntary sacrifice of property on a vessel, or to an expense necessarily incurred, for the preservation of the vessel and cargo from extraordinary perils. (Enacted by Stats. 1937, Ch. 368.)

Pilots holding valid licenses for San Pedro Bay and its approaches and tributaries, their associations, employers, and others providing piloting services in San Pedro Bay are authorized to limit liability for the rendering and performance of those services by contracts or tariffs…

The rates and charges for pilotage services do not include insurance covering the vessel or its owners, agents, charterers, or operators from the consequences of negligence of the pilot supplying the pilotage services, the pilot’s employer, or other employees of the pilot’s emplo…

Upon reasonable notice from the owners, agents, charterers, or operators, a pilot shall provide insurance covering the vessel, its owners, agents, charterers, or operators from the consequences of negligence of the pilot supplying the pilotage services, the pilot’s employer, or o…

The election of the owners, agents, charterers, or operators to use a pilot through whom trip insurance could have been obtained shall constitute a binding and irrevocable agreement on the part of the owners, agents, charterers, and operators to the terms and conditions set forth…

It shall be understood and agreed, and shall be the essence of an agreement under which services of the pilot are tendered to and are accepted by owners, agents, charterers, or operators, as follows: (a) The vessel requesting pilotage services and its owners, agents, charterers, …

(a) The Marine Exchange of Los Angeles-Long Beach Harbor, Inc., hereafter referred to as the marine exchange, a corporation organized under the Non-Profit Mutual Benefit Corporation Law, Part 3 (commencing with Section 7110) of Division 2 of Title 1 of the Corporations Code, may …

“Covered vessel,” as used in this article, means any of the following: (a) Every power-driven vessel of 40 meters (approximately 131 feet) or more in length, while navigating. (b) Every towing vessel of 8 meters (approximately 26 feet) or more in length, while navigating. “Towing…

Prior to entering the VTS area, every covered vessel shall report to the marine exchange the vessel’s name, call sign, location, course, speed, destination, estimated time of arrival, and any impairment to the operation or navigation of the vessel, and, while transiting the VTS a…

The Ports of Los Angeles and Long Beach may impose fees upon all covered vessels within the VTS area to pay the cost of operating the vessel traffic service.

The following vessels, while transiting the VTS area, shall comply with the requirements of Section 447.5: (a) Every power-driven vessel of 20 meters or more in length. (b) Every vessel of 100 gross tons or more carrying one or more passengers for hire. (c) Every dredge and float…

While transiting the VTS area, every vessel described in Sections 445.5 and 447 shall do all of the following: (a) Maintain continuous radio monitoring or communication with the marine exchange on the radio channel dedicated to the vessel traffic service. (b) Respond promptly whe…

The vessel traffic service shall be advisory in nature. Nothing in this article relieves, or is intended to relieve, any vessel, its owners, agents, charterers, operators, or other responsible or designated parties of command of the vessel or of any responsibilities they would ot…

(a) It shall be understood and agreed, and shall be the essence of the marine exchange’s operation of the vessel traffic service, that the marine exchange act as agent of each vessel subject to the requirements of this article within the VTS area in providing vessel traffic infor…

(a) The marine exchange and its officers and directors are subject to Section 5047.5 of the Corporations Code to the extent that the marine exchange meets the criteria specified in that section. (b) Nothing in this section shall be deemed to include the marine exchange or its off…

The marine exchange shall cooperate fully with the administrator appointed pursuant to Section 8670.4 of the Government Code in the development and implementation of the vessel traffic service system required by Section 8670.21 of the Government Code. Upon certification by the ad…

(a) Upon request by the administrator, the marine exchange shall submit a complete description and operational status report of the vessel traffic service. After a public hearing, the administrator shall, in accordance with paragraph (8) of subdivision (f) of Section 8670.21 of t…

Any portion of a county in this state, the exterior boundaries of which include a bay, harbor, inlet, or navigable water of the Pacific Ocean, may be formed into a district for the improvement or development of a harbor. The work may include the dredging of channels, shipways, sh…

Whenever fifty or more persons in any county of this State, the exterior boundaries of which include a harbor, desire to form a district within the county for the improvement or development of a harbor, they may present a petition in writing signed by them to the board of supervi…

The petition shall show: (a) The name of the proposed district. (b) The official name or name by which the harbor is commonly known. (c) Whether the improvement, development, protection, maintenance, management or control of the harbor, or any part of it, is vested in or exercise…

The petition shall contain a request that the territory included within the boundaries be formed into a harbor district for the purpose of the improvement or development of the harbor. (Enacted by Stats. 1937, Ch. 368.)

Each signer of the petition shall be a registered voter, resident, and freeholder within the proposed district. (Enacted by Stats. 1937, Ch. 368.)

The petition shall be published for at least two weeks preceding the hearing in a newspaper of general circulation printed in the county, together with a notice signed by not exceeding three of the petitioners. The notice shall state the day, hour and place at which the petition …

At the time and place specified in the notice the board of supervisors shall consider the petition and may continue the hearing from time to time not exceeding a period of ninety days. (Enacted by Stats. 1937, Ch. 368.)

A certificate issued by the assessor of the county and filed in the proceedings, which states that the name of any signer of the petition appears upon the last equalized assessment-roll of the county for land assessed to him or her and located within the boundaries of the propose…

At the hearing, the board of supervisors may change the exterior boundaries of the proposed district, as set forth in the petition, by excluding lands which would not be benefited by the improvement or development of the harbor. (Enacted by Stats. 1937, Ch. 368.)