Seaworthiness

46 U.S.C. § 30705

• Title: 46 — Shipping
• Chapter: 307 — LIABILITY OF WATER CARRIERS

Text

(a) Prohibition.—A carrier may not insert in a bill of lading or shipping document a provision lessening or avoiding its obligation to exercise due diligence to—
(1) make the vessel seaworthy; and
(2) properly man, equip, and supply the vessel.
(b) Voidness.—A provision described in subsection (a) is void.

History

(Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1516.)

Editorial Notes

In subsection (a), before paragraph (1), the words "transporting merchandise or property from or between ports of the United States of America and foreign ports" are omitted because of section 30702(a) of the revised title. The words "may not" are substituted for "It shall not be lawful . . . to", the word "provision" is substituted for "covenant or agreement", and the words "lessening or avoiding its obligation" are substituted for "whereby the obligations . . . shall in any wise be lessened, weakened, or avoided", to eliminate unnecessary words.
In paragraph (1), the words "and capable of performing her intended voyage" are omitted as unnecessary.
In paragraph (2), the word "supply" is substituted for "provision, and outfit" to eliminate unnecessary words.
The words "or whereby the obligations of the master, officers, agents, or servants to carefully handle and stow her cargo and to care for and properly deliver same" are omitted as covered by section 30704 of the revised title.
Subsection (b) is added for clarity and for consistency with section 30704 of the revised title.