PRIA, Government Policy, Made Personal

Summary

If allowed under section 3779(b), the Commission must quickly pay for damage to a ship, its cargo, crew, or passengers that happens in the Panama Canal or nearby waters (but not in the locks) when a U.S. officer or employee, while doing their Canal job, is at fault. Payments must be reduced if the ship, its captain, crew, or passengers also helped cause the injury. If rules under section 3811 require a Panama Canal pilot, no payment is made for injuries while the ship was moving unless a Panama Canal pilot was controlling the vessel. Claims must be filed within one year after the injury or by November 18, 1998, whichever is later.

Title 22, §3772

Foreign Relations and Intercourse, Source: USLM XML via OLRC

Subject to section 3779(b) of this title, the Commission shall promptly adjust and pay damages for injuries to vessels, or to the cargo, crew, or passengers of vessels which may arise by reason of their presence in the Panama Canal, or waters adjacent thereto, other than the locks, when the injury was proximately caused by negligence or fault on the part of an officer or employee of the United States acting within the scope of his employment and in the line of his duties in connection with the operation of the Canal. If the negligence or fault of the vessel, master, crew, or passengers proximately contributed to the injury, the award of damages shall be diminished in proportion to the negligence or fault attributable to the vessel, master, crew, or passengers. In the case of a vessel which is required by or pursuant to regulations prescribed pursuant to section 3811 of this title to have a Panama Canal pilot on duty aboard, damages may not be adjusted and paid for injuries to the vessel, or its cargo, crew, or passengers, incurred while the vessel was underway and in motion, unless at the time the injuries were incurred the navigation or movement of the vessel was under the control of a Panama Canal pilot. No payment for damages on a claim may be made under this section unless the claim is filed with the Commission within one year after the date of the injury or by November 18, 1998, whichever is later.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1998—Pub. L. 105–261 substituted “Subject to section 3779(b) of this title, the Commission” for “The Commission” in first sentence and “by

November 18, 1998” for “

November 18, 1997”. 1997—Pub. L. 105–85 substituted “within one year after the date of the injury or

November 18, 1997,” for “within 2 years after the date of the injury, or within 1 year after

December 23, 1985,”. 1985—Pub. L. 99–209 struck out provisions limiting the amount of the claim to $120,000, and inserted provision that no payment for damages on a claim may be made under this section unless the claim is filed with the Commission within 2 years after the date of the injury, or within 1 year after Dec. 23, 1985, whichever is later.

Statutory Notes and Related Subsidiaries

Effective Date

of 1985 AmendmentAmendment by Pub. L. 99–209 applicable to any claim arising on or after Oct. 1, 1979, see section 7(a) of Pub. L. 99–209, set out as a note under section 3771 of this title.

§3772 Injuries Outside Locks