2014 US Code
Title 46 - Shipping (Sections 101 - 80509)
Subtitle III - Maritime Liability (Sections 30101 - 31343)
Chapter 307 - Liability of Water Carriers (Sections 30701 - 30707)
Sec. 30705 - Seaworthiness
| Publication Title | United States Code, 2012 Edition, Supplement 2, Title 46 - SHIPPING |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 46 - SHIPPING Subtitle III - Maritime Liability CHAPTER 307 - LIABILITY OF WATER CARRIERS Sec. 30705 - Seaworthiness |
| Contains | section 30705 |
| Date | 2014 |
| Laws In Effect As Of Date | January 5, 2015 |
| Positive Law | Yes |
| Disposition | standard |
| Source Credit | Pub. L. 109-304, §6(c), Oct. 6, 2006, 120 Stat. 1516. |
| Statutes at Large References | 27 Stat. 445 120 Stat. 1516 |
| Public and Private Laws | Public Law 109-304 |
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(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.
(Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1516.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 30705 | 46 App.:191. | Feb. 13, 1893, ch. 105, §2, 27 Stat. 445. |
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.
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