Imágenes de páginas
PDF
EPUB

section 88d of this title is about to proceed on a voyage from such port when loaded in violation of the laws and regulations of her country with respect to load line, he may serve on the master or officer in charge of such vessel a written order detaining the vessel

a for the purpose of being surveyed to determine whether or not the provisions of sections 88-88i of this title are complied with. Where the detention is on the ground that the vessel does not conform to the provisions of section 88b of this title, the collector or Coast Guard district commander shall cause an examination of the vessel to be made, and if from such examination it appears that the vessel is not marked with the load line established in conformity with the provisions of sections 88_881 of this title, the collector or Coast Guard district commander shall so notify the master or officer in charge of such vessel and shall detain her until the load line shall have been duly established in accordance with section 88b of this title, provided that in cases of exceptional hardship, subject to regulations issued by the Commandant of the Coast Guard, the collector or Coast Guard district commander may cause a proper load line to be provisionally established by one of the agencies or persons designated under section 88b of this title, which provisional load line shall constitute a compliance with the provisions of sections 88-88i of this title only until completion of the particular voyage in which the vessel is at the time engaged. After such establishment or provisional establishment of a load line the collector or Coast Guard district commander shall appoint three disinterested surveyors to examine the loading of the vessel and to report to him whether such vessel is so loaded as to submerge said provisional load line and if from such report it appears that the vessel is so loaded, the collector or Coast Guard district commander may by written order served on the master or officer in charge of said vessel detain the vessel until she has been reloaded in whole or in part so as not to submerge said provisional load line or lines. Where the detention is on the ground of a supposed violation of section 88c or section 88d of this title, the collector or Coast Guard district commander shall appoint three disinterested surveyors to examine the vessel and her loading and to report to him and if from such report it appears that the vessel is loaded in violation of the provisions of section 88c or section 88d of this title, the collector or Coast Guard district commander shall so notify in writing the master or other officer in charge of such vessel and detain the vessel until she has been reloaded in whole or in part so as to conform to the provisions of section 88c or section 88d of this title. If a vessel is ordered detained by a collector or Coast Guard district commander acting under the provisions of this section, the master may within five days appeal to the Commandant of the Coast Guard, who, if he so desires, may order a further survey and may affirm, set aside, or modify the order of the collector or Coast Guard district commander. Clearance shall be refused to any vessel which shall have been ordered detained. The owner and agent of a vessel surveyed and found in violation of sections 88-88i of this title or regulations established thereunder shall bear the costs of the survey in addition to any penalty or fine imposed.

46 § 88g. Penalties for violations of sections 88,88i; seizure of vessels

(a) The owner and/or master of any vessel subject to sections 88– 88i of this title and the regulations established thereunder shall be liable to the United States in a penalty not to exceed $1,000 whenever the vessel is found operating, navigating, or otherwise in use upon the navigable waters of the United States, in violation of the provisions of such sections or the regulations established thereunder, or whenever the vessel, if a vessel of the United States, is found operating, navigating, or otherwise in use upon the high seas in violation of the provisions of such sections or the regulations established thereunder. Each day a vessel is in violation of the provisions of such sections shall constitute a separate offense. The Secretary of the Department in which the Coast Guard is operating may assess, collect, remit, and mitigate any penalty imposed under such sections.

(b) If the master of any vessel subject to sections 88-88i of this title, or of any foreign vessel exempted pursuant to section 88d of this title, shall fail, before departing from any port or place designated in section 88 of this title, to enter in and make a part of the ship's record or log book the statement required by section 88e of this title, he shall for each offense be liable to the United States in a penalty of $500.

(c) If any person shall knowingly permit or cause or attempt to cause any vessel subject to sections 88-88i of this title to depart or arrive, or if, being the owner, manager, agent, or master of such vessel, he shall fail to take reasonable care to prevent her from departing from or arriving at any port or place designated in section 88 of this title when loaded in violation of section 88c of this title, or if any person shall knowingly permit or cause or attempt to cause a foreign vessel exempted pursuant to section 88d of this title to depart or arrive, or if, being the owner, manager, agent, or master of such vessel he shall fail to take reasonable care to prevent her from departing from or arriving at any port or place designated in section 88 of this title when loaded more deeply than permitted by the laws and regulations of the country to which she belongs, he shall, in respect of each offense, be liable to the United States, in a penalty of $1,000 plus a sum computed at the rate of $500 per inch of draft in excess of the vessel's applicable load line unless the vessel's departure or arrival was, under the circumstances, reasonable and justifiable.

(d) If the master of any vessel or any other person shall knowingly permit or cause or attempt to cause any vessel to depart from any port or place in the United States or its possessions in violation of any order of detention made pursuant to section 88f of this title, he shall, in respect of each offense, be guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000 or by imprisonment not to exceed three months, or both such fine and imprisonment, in the discretion of the court.

(e) If any person shall conceal, remove, alter, deface, or obliterate or shall suffer any person under his control to conceal, remove, alter, deface, or obliterate any mark or marks placed on a vessel pursuant to sections 88,88i of this title or to the regulations established thereunder, except in the event of lawful change of said marks, or to prevent capture by an enemy, he shall in respect of each offense be guilty of a misdemeanor and shall be punished by a fine not to exceed $2,000, or by imprisonment not to exceed one year, or both such fine and imprisonment, in the discretion of the court.

a

46 8 88h. Effective date

The provisions of sections 88,88i of this title shall become effective as to vessels of four thousand gross tons and upwards, not later than three months, and as to all other vessels subject hereto, not later than twelve months from and after August 27, 1935.

46 $ 88i. Short title

Sections 88,88i of this title may be cited as the "Coastwise Load Line Act, 1935".

Chapter 3.-CLEARANCE AND ENTRY

[Extracts]

Sec. 103. 104.

105. 107. 108. 109.

Pleasure yachts; license; entry and clearance; restrictions.
Reciprocal exemption of foreign yachts from charges and tonnage taxes;

licenses.
Commissions to yachts.
Licensed yacht must comply with law.
Penalty for violation.
Signals for yachts.

46 $ 103. Pleasure yachts; license; entry and clearance; restrictions

The Commissioner of Customs? may cause yachts used and employed exclusively as pleasure vessels or designed as models of naval architecture, if built and owned so as to be entitled to registry and the benefits thereof as vessels of the United States if such vessels were merchant vessels, to be licensed on terms which will authorize them to proceed from port to port of the United States and to foreign ports without entering or clearing at the customhouse; such license shall be in such form as the Commissioner of Customs may prescribe. Such vessels, so enrolled and licensed, shall not be allowed to transport merchandise or carry passengers for pay. Such vessels shall have their name and port placed on some conspicuous portion of their hulls. Such vessels shall, in all respects, except as above, be subject to the laws of the United States, and shall be liable to seizure and forfeiture for any violation of the provisions of this chapter.

1 Functions of officers of Customs Service were transferred to the Commandant, USCG.

46 § 104. Reciprocal exemption of foreign yachts from charges and tonnage taxes; licenses

Whenever it shall be made to appear to the satisfaction of the President of the United States that yachts used and employed exclusively as pleasure vessels and belonging to any resident of the United States are allowed to arrive at and depart from any foreign port and to cruise in the waters of such port without entering or clearing at the customhouse thereof and without the payment of any charges for entering or clearing, dues, duty per ton, tonnage taxes or charges for cruising licenses, the Commissioner of Customs may authorize and direct the customs authorities at the various ports of entry of the United States to allow yachts from such foreign port used and employed exclusively as pleasure vessels to arrive at and depart from any port of the United States and to cruise in waters of the United States without the payment of any charges for entering or clearing, dues, duty per ton, or tonnage taxes, but the Commissioner of Customs may, in his discretion, direct that such foreign yachts shall be required to obtain licenses to cruise, in a form prescribed by him, before they shall be allowed under the provisions of this section to cruise in waters of the United States. Such licenses shall be issued without cost to such yachts and shall prescribe such limitations as to length of time, direction, and place of cruising and action, and such other particulars as the Commissioner of Customs may deem proper. 1

1

46 8 105. Commissions to yachts

For the identification of yachts and their owners, a commission to sail for pleasure in any designated yacht belonging to any regularly organized and incorporated yacht club, stating the exemptions and privileges enjoyed under it, may be issued by the Commissioner of Customs, and shall be a token of credit to any United States official, and to the authorities of any foreign power, for privileges enjoyed under it.

46 § 107. Licensed yacht must comply with law

No licensed yacht shall engage in any trade, nor in any way violate the revenue laws of the United States; and every such yacht shall comply with the laws in all respects.

46 § 108. Penalty for violation

Any master or owner violating the provisions of section 107 of this title shall be liable to the penalty of $200, in addition to any other penalty imposed by law. The Commissioner of Customs 1 shall have power to remit or mitigate any such penalty if in his opinion it was incurred without negligence or intention of fraud.

i Functions of officers of Customs Service were transferred to the Commandant, USCG.

46 $ 109. Signals for yachts

All licensed yachts shall use a signal of the form, size, and colors prescribed by the Secretary of the Navy; and the owners thereof shall at all times permit the naval architects in the employ of the United States to examine and copy the models of such yachts.

Chapter 7.—CARRIAGE OF EXPLOSIVES OR DANGEROUS

SUBSTANCES

Sec. 170. Regulation of carriage of explosives or other dangerous articles on

vessels.

(1) Vessel defined.
(2) Passenger-carrying vessel defined.
(3) Transportation, etc., of certain explosives prohibited.

Transportation, etc. of certain high explosives on passenger

carrying vessels prohibited; exceptions. (5) Same; non-passenger-carrying vessels. (6) Transportation, etc., of other explosives or other dangerous

articles; exceptions. (7) Regulations for protection against hazards created by explo

sives or other dangerous articles. (8) Masters, owners, etc., required to refuse unlawful transporta

tion of explosives or other dangerous articles. (9) Publication of hearings on, and effective date of proposed

regulations. (10) Tendering explosives or other dangerous articles for shipment

without divulging true character or in violation of section. (11) Exemption of vessels from section or regulations when compli

ance unnecessary for safety. (12) Agencies charged with enforcement. (13) Detention of vessels pending compliance with section and regu

lations; penalty for false swearing. (14) Violation of section or regulations; penalty; liability of vessel. (15) Same; increased penalty in event of personal injury or death. (16) Transportation of motor vehicles carrying gasoline, etc.; pen

alty for violations. 170a. Same; use vessels of launches, lifeboats, etc., employing combustible

fuel; regulations. 170b. Same; appropriations.

46 $ 170. Regulation of carriage of explosives or other dangerous articles on vessels-Vessel defined

(1) The word "vessel" as used in this section shall include every vessel, domestic or foreign, regardless of character, tonnage, size, service, and whether self-propelled or not, on the navigable waters of the United States, including its Territories and possessions, but not including the Panama Canal Zone, whether arriving or departing, or under way, moored, anchored, aground, or while in drydock; it shall not include any public vessel which is not engaged in commercial service, nor any vessel subject to the provisions of section 391a of this title, which is constructed or converted for the principal purpose of carrying inflammable or combustible liquid cargo in bulk in its own tanks: Provided, That the provisions of subsection (3) of this section shall apply to every such vessel subject to the provisions of section 391a of this title, which is

« AnteriorContinuar »