Title 34, Navigation and Shipping
0 chapters · 901 sections in this title.
La. Rev. Stat. § 34:804 Venue of actions
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§804. Venue of actions The venue of actions prosecuted under the provisions of this Sub-part shall be, at the option of the person suffering injury, loss, or damage, either at the place where the injury, loss or damage occurred or where the offending vessel may be found.
La. Rev. Stat. § 34:805 Petition and bond
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§805. Petition and bond The person suffering the injury, loss or damage shall present an articulated verified petition to a court of competent jurisdiction setting out the nature of his demand, and, as nearly as possible, the amount of the injury, loss or damage, and claiming the…
La. Rev. Stat. § 34:806 Provisional seizure of vessel
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§806. Provisional seizure of vessel Upon the filing of the petition and bond, the court shall issue an order, in the manner now or hereafter provided for the issuance of writs of provisional seizure, directed to the sheriff ordering him to provisionally seize and take into his po…
La. Rev. Stat. § 34:807 Stay of execution; release bonds
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§807. Stay of execution; release bonds A. In any case where a writ of provisional seizure has been issued for the seizure of such offending vessel, the sheriff shall stay the execution of process, or if the process has been levied, shall discharge the seized vessel, and deliver i…
La. Rev. Stat. § 34:808 Intervention of interested parties
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§808. Intervention of interested parties Any person having any interest therein may claim the offending vessel and file an articulate verified answer to the plaintiff's petition, and thereafter the cause shall proceed contradictorily between the plaintiff and the claimant-respond…
La. Rev. Stat. § 34:809 Ex parte proceedings upon claimant's failure to answer
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§809. Ex parte proceedings upon claimant's failure to answer If any claimant who has filed a release bond does not thereafter make due answer to the plaintiff's petition on or before the return day, the court shall on motion of the plaintiff declare the claimant in default, and t…
La. Rev. Stat. § 34:810 Procedure when offending vessel not claimed
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§810. Procedure when offending vessel not claimed If the offending vessel is not claimed on or before the return day of the process issued hereunder, the court shall proceed to determine the case ex parte, in the manner provided for in the disposition of civil suits at law where …
La. Rev. Stat. § 34:811 Sale of vessel, procedure
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§811. Sale of vessel, procedure If a claimant of the offending vessel does not give bond for the release thereof on or before the return day of the process, or makes application to the court to fix the amount of the bond in one of the methods provided in R.S. 34:807 and thereafte…
La. Rev. Stat. § 34:812 Suits in personam; joinder
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§812. Suits in personam; joinder The plaintiff in any proceeding hereunder may, at his option, join a suit in personam against the vessel's owner or any other party who may be responsible to the plaintiff for the injury, loss or damage sued for.
La. Rev. Stat. § 34:813 Rules of procedure; time for appeal
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§813. Rules of procedure; time for appeal In any proceeding hereunder, the court shall follow the rules of procedure prescribed for the trial of civil suits at law to the extent that they are not inconsistent with any provision hereof, and all appeals taken from any judgment rend…
La. Rev. Stat. § 34:814 Sale of vessel when damaged or subject to deterioration
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§814. Sale of vessel when damaged or subject to deterioration If any offending vessel, upon seizure by the sheriff, is in a damaged condition so that the expense of keeping the same is excessive or disproportionate, or if it is liable to be lost or suffer injury or great deterior…
La. Rev. Stat. § 34:815 Costs; stipulation for payment; insufficiency of release bond
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§815. Costs; stipulation for payment; insufficiency of release bond In all cases the court may, on the filing of the petition or the appearance of any respondent or claimant, or at any other time, require the plaintiff or claimant or both, the State of Louisiana, the agencies and…
La. Rev. Stat. § 34:816 Time for seizure of vessel; peremption of privilege
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§816. Time for seizure of vessel; peremption of privilege If the offending vessel is not seized within one year after the cause of action created under this Sub-part against it has arisen, the lien and privilege shall perempt, and thereafter no proceedings shall lie to enforce it…
La. Rev. Stat. § 34:817 Waiver of provisions
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§817. Waiver of provisions None of the provisions of this Sub-part shall be deemed to be jurisdictional so as to require compliance therewith where the parties to the litigation herein provided for shall waive such provisions in writing.
La. Rev. Stat. § 34:831 Pleasure craft; tolls; wharfage
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§831. Pleasure craft; tolls; wharfage All water crafts propelled by internal combustion engines, when owned and used exclusively for pleasure purposes shall be exempt from the payment of tolls in the canals and waterways owned by the State of Louisiana when the said water craft a…
La. Rev. Stat. § 34:832 Wood taken by commander of vessel; payment
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§832. Wood taken by commander of vessel; payment Whenever the captain or other person in command of any steamboat takes or causes to be taken from any woodyard, any cordwood or wood of any other kind, he shall pay the price demanded by the owner thereof. If he refuses or neglects…
La. Rev. Stat. § 34:833 Proof by owner of wood taken; penalty for false affidavit
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§833. Proof by owner of wood taken; penalty for false affidavit It shall not be necessary for the owner of wood to furnish proof of his claim against any steamboat for cordwood taken, other than his affidavit, setting forth all the material facts connected with the taking of such…
La. Rev. Stat. § 34:834 Lights on steamboats; penalty for failure to have
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§834. Lights on steamboats; penalty for failure to have All captains or commanders of steamboats navigating lakes, rivers, or bayous within the jurisdiction of the State of Louisiana, shall, when running during the night be compelled to hoist each two lights, both on the hurrican…
La. Rev. Stat. § 34:835 Vessels in Atchafalaya bay; discharge of ballast; penalty for unlawful discharge
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§835. Vessels in Atchafalaya bay; discharge of ballast; penalty for unlawful discharge No one in command of any vessel arriving in the Atchafalaya bay in less than five fathoms of water, having ballast on board, shall discharge any portion thereof into the bay, nor into water nea…
La. Rev. Stat. § 34:836 Atchafalaya pilots as ballast masters; duties; penalty for failure to perform
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§836. Atchafalaya pilots as ballast masters; duties; penalty for failure to perform The pilots of the Atchafalaya bay and river, shall be ex officio ballast masters, whose duty it shall be to carry into effect the provisions of R.S. 34:835 through R.S. 34:839, in relation to the …
La. Rev. Stat. § 34:837 Vessels entering Atchafalaya bay; place of taking pilot; duty of pilot
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§837. Vessels entering Atchafalaya bay; place of taking pilot; duty of pilot All vessels coming in from sea to the Atchafalaya bay, for the purpose of receiving cargo, shall take a pilot on board when he offers his services outside of the reefs. The pilot shall examine whether th…
La. Rev. Stat. § 34:838 Vessels going into Atchafalaya River; discharge of ballast; penalty for unlawful discharge
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§838. Vessels going into Atchafalaya River; discharge of ballast; penalty for unlawful discharge All vessels which may hereafter come into the Atchafalaya bay, with the intention of going, and do actually go, into the Atchafalaya river, shall not discharge their ballast in the ba…
La. Rev. Stat. § 34:839 Proceedings before justices of the peace for violations
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§839. Proceedings before justices of the peace for violations Whenever any person makes complaint under oath to any justice of the peace, that the captain, master or owner of any vessel, or that a pilot has violated any of the provisions of R.S. 34:836 through 34:839, the justice…
La. Rev. Stat. § 34:840 Discharge of grading material into Mississippi River; penalty
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§840. Discharge of grading material into Mississippi River; penalty Any master or mate of any vessel, or other person who causes to be discharged into the Mississippi river or any of its tributaries, any ballast, gravel, sand or other material used for or suitable for filling or …
La. Rev. Stat. § 34:841 Blowing the stacks prohibited
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§841. Blowing the stacks prohibited It shall be unlawful for the captain or pilot or anyone acting under the orders thereof of any vessel, as defined in R.S. 34:801, operating a vessel on the Mississippi River to "blow the stacks" on the vessel while the vessel is in port. As use…
La. Rev. Stat. § 34:842 Captains and/or helmsmen of barge towing vessels on Lake Pontchartrain; penalty
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§842. Captains and/or helmsmen of barge towing vessels on Lake Pontchartrain; penalty A. No captain and/or helmsman of any vessel towing or pushing barges on Lake Pontchartrain shall be on duty for more than twelve hours in any twenty-four hour period except in case of emergency.…
La. Rev. Stat. § 34:843 Objects; removal; disposition
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§843. Objects; removal; disposition A.(1) The owner of any tug, towboat, barge, watercraft, ship, vessel, equipment, machinery, or any object of any kind or description, whether foreign or domestic, which has been left unattended, stored, junked, or abandoned in any canal, coulee…
La. Rev. Stat. § 34:844 Water intake zone restrictions
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§844. Water intake zone restrictions A. It shall be unlawful for any person on a vessel, as defined in R.S. 34:801, to discharge any substance from the vessel in a water intake zone or to operate a vessel in a water intake zone in such a manner as to roil the water, or disturb se…
La. Rev. Stat. § 34:850.1 §§850.1 to 850.26 Repealed by Acts 1984, No
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§850.1. §§850.1 to 850.26 Repealed by Acts 1984, No. 288, §2.
La. Rev. Stat. § 34:851.1 Declaration of policy
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§851.1. Declaration of policy It is the policy of this state to promote safety for persons and property in and connected with the use, operation and equipment of vessels and to promote uniformity of laws relating thereto. Acts 1960, No. 43, §1.
La. Rev. Stat. § 34:851.10 Collisions, crashes, and casualties; theft, reporting
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§851.10. Collisions, crashes, and casualties; theft, reporting A. It shall be the duty of the operator of a vessel involved in a collision, crash, or other casualty, so far as he can do so without serious danger to his own vessel, crew, and passengers, if any, to render to other …
La. Rev. Stat. § 34:851.11 Overloading
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§851.11. Overloading No watercraft shall be loaded with passengers or cargo beyond its safe carrying capacity taking into consideration weather and other existing operating conditions. Acts 1960, No. 43, §11. Acts 1984, No. 288, §1.
La. Rev. Stat. § 34:851.12 Overpowering
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§851.12. Overpowering No watercraft shall be equipped with any motor or other propulsion machinery beyond its safe power capacity taking into consideration the type and construction of such watercraft and other existing operating conditions. Acts 1960, No. 43, §12. Amended by Act…
La. Rev. Stat. § 34:851.13 Riding on decks and gunwales
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§851.13. Riding on decks and gunwales No person operating a motor boat of twenty-six feet or less in length shall allow any person to ride or sit on either the starboard or port gunwales thereof or on the decking over the bow of the vessel while underway unless such motorboat is …
La. Rev. Stat. § 34:851.14 Restricted areas
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§851.14. Restricted areas No person shall operate a watercraft within a water area which has been clearly marked, in accordance with and as authorized by the laws of the state, by buoys or some other distinguishing device as a bathing, swimming, or otherwise restricted area; howe…
La. Rev. Stat. § 34:851.14.1 Closure of waterways
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§851.14.1. Closure of waterways A. In an emergency or disaster, as defined in R.S. 29:723, the secretary may close any waterway, other than navigable waters of the United States as set forth in 33 CFR Part 2, to boating access, travel, or use or may restrict the type of use inclu…
La. Rev. Stat. § 34:851.14.2 Safety and security zones
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§851.14.2. Safety and security zones A. For the purposes of this Section, the following terms shall have the following meanings: (1) A "safety zone" shall mean a zone established for the protection of any vessel, structure, waters, or shore area from a safety or environmental haz…
La. Rev. Stat. § 34:851.15 Waterskiing
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§851.15. Waterskiing A.(1) No motorboat which shall have in tow or shall be otherwise assisting a person on water-skis, surfboard, or similar contrivance shall be operated or propelled in or upon any waterway unless such motorboat shall be occupied by at least two competent perso…
La. Rev. Stat. § 34:851.16 Mufflers
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§851.16. Mufflers It shall be unlawful to use a motorboat unless the same is provided with an efficient muffler, underwater exhaust, or other modern device capable of adequately muffling the sound of the exhaust of the engine. Acts 1960, No. 43, §16. Acts 1984, No. 288, §1.
La. Rev. Stat. § 34:851.17 Racing
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§851.17. Racing Nothing in the provisions of this Part shall be construed to mean that the operator of a watercraft competing in a race or regatta or trials therefor, which is duly authorized by an appropriate governmental unit, shall not attempt to attain high speeds on an indic…
La. Rev. Stat. § 34:851.18 Owner's responsibility; presumption of owner's consent to operate
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§851.18. Owner's responsibility; presumption of owner's consent to operate A. The owner of a watercraft shall be liable for any injury or damage occasioned by the negligent operation of such watercraft whether such negligence consists of a violation of the provisions of the statu…
La. Rev. Stat. § 34:851.19 Operation of unnumbered motorboats, houseboats, or sailboats prohibited;
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§851.19. Operation of unnumbered motorboats, houseboats, or sailboats prohibited; exception Every motorboat, houseboat, or sailboat operated on the waters of this state shall be numbered. No person shall operate or give permission for the operation of any motorboat, houseboat, or…
La. Rev. Stat. § 34:851.2 Definitions
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§851.2. Definitions As used in this Part unless the context requires a different meaning: (1) "Commission" means the Louisiana Wildlife and Fisheries Commission. (2) "Houseboat" means a vessel constructed for the primary purpose of a temporary or permanent dwelling without an eff…
La. Rev. Stat. § 34:851.20 Identification number
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§851.20. Identification number A.(1) The owner of each motorboat, houseboat, or sailboat requiring numbering by this state shall file an application for a number with the Department of Wildlife and Fisheries on forms approved by the department. The application shall be signed by …
La. Rev. Stat. § 34:851.21 Numbering system
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§851.21. Numbering system A. The motorboat, houseboat, or sailboat identification number issued by the commission pursuant to this Part shall be divided into parts which include a symbol indicating the state and a combination of numerals, letters, and words indicating the individ…
La. Rev. Stat. § 34:851.22 Exemption from numbering system
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§851.22. Exemption from numbering system A. A motorboat shall not be required to be numbered under this Part if it is: (1) Already covered by a number in full force and effect which has been awarded to it pursuant to federal law or a federally approved numbering system of another…
La. Rev. Stat. § 34:851.23 Boat liveries; numbering of manufacturer's and dealer's boats
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§851.23. Boat liveries; numbering of manufacturer's and dealer's boats A. Neither the owner of a boat livery nor his agent or employee shall permit any motorboat, sailboat, or any vessel designed or permitted by him to be operated as a motorboat or sailboat to depart from his pre…
La. Rev. Stat. § 34:851.24 Classification and required equipment
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§851.24. Classification and required equipment A. Motorboats and vessels subject to the provisions of this Part shall be divided into four classes as follows: (1) Class A. Less than sixteen (16) feet in length. (2) Class 1. Sixteen (16) feet or over and less than twenty-six (26) …
La. Rev. Stat. § 34:851.25 Prohibited operation
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§851.25. Prohibited operation A.(1) Notwithstanding any provisions of law to the contrary, the governing authority of any parish or municipality may prohibit the operation of any motor vessel in an area that is inundated from a body of water that is above flood stage when the ope…
La. Rev. Stat. § 34:851.26 Transmittal of information
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§851.26. Transmittal of information In accordance with any request duly made by an authorized official or agency of the United States, any information compiled or otherwise available to the commission pursuant to R.S. 34:851.10(B) shall be transmitted to said official or agency o…