PRIA, Government Policy, Made Personal

Summary

The Commission will not accept or pay claims for demurrage or delays caused by natural events (like landslides), needed construction or maintenance of locks, terminals, or equipment, accidents or obstructions, time to measure cargo or vessels (admeasurement), traffic congestion, or other causes, unless this subpart specifically says otherwise. If the Commission investigates a marine accident within 24 hours, delay claims are barred. If liability goes past 24 hours, the Commission is only responsible to the extent a Commission employee, while on duty, caused or helped cause the accident by negligence.

Title 22, §3774

Foreign Relations and Intercourse, Source: USLM XML via OLRC

The Commission is not responsible, and may not consider any claim, for demurrage or delays caused by—

(1)landslides or other natural causes;

(2)necessary construction or maintenance work on Canal locks, terminals, or equipment;

(3)obstruction arising from accidents;

(4)time necessary for admeasurement;

(5)congestion of traffic;

(6)investigation of a marine accident that is conducted within 24 hours after the accident occurs, except that any liability of the Commission beyond that 24-hour period shall be limited to the extent to which the accident was caused, or contributed to, by the negligence of an employee of the Commission acting within the scope of the employee’s official duties; or

(7)except as specially set forth in this subpart, any other cause.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1985—Par. (6). Pub. L. 99–209 amended par. (6) generally. Prior to amendment, par. (6) read as follows: “time necessary for investigation of marine accidents; or”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1985 AmendmentAmendment by Pub. L. 99–209 applicable to any claim arising on or after Dec. 23, 1985, see section 7(b)(1) of Pub. L. 99–209, set out as a note under section 3771 of this title.

§3774 Delays for Which No Responsibility Is Assumed