2016 US Code
Title 46 - Shipping
Subtitle II - Vessels and Seamen
Part C - Load Lines of Vessels
Chapter 51 - Load Lines
Sec. 5113 - Detention of vessels

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Citation 46 U.S.C. § 5113 (2016)
Section Name §5113. Detention of vessels
Section Text

(a) When the Secretary believes that a vessel is about to leave a place in the United States in violation of this chapter or a regulation prescribed under this chapter, the Secretary may detain the vessel by giving notice to the owner, charterer, managing operator, agent, master, or individual in charge of the vessel.

(b) A detained vessel may be cleared under section 60105 of this title only after the violation has been corrected. If the vessel was cleared before being detained, the clearance shall be withdrawn.

(c) Under regulations prescribed by the Secretary, the owner, charterer, managing operator, agent, master, or individual in charge of a detained vessel may petition the Secretary to review the detention order.

(d) After reviewing a petition, the Secretary may affirm, withdraw, or change the detention order. Before acting on the petition, the Secretary may require any independent survey that may be necessary to determine the condition of the vessel.

(e) The owner of a vessel is liable for the cost incident to a petition for review and any required survey if the vessel is found to be in violation of this chapter or a regulation prescribed under this chapter.

Source Credit

(Pub. L. 99–509, title V, §5101(2), Oct. 21, 1986, 100 Stat. 1918; Pub. L. 109–304, §15(20), Oct. 6, 2006, 120 Stat. 1703.)

Editorial Notes HISTORICAL AND REVISION NOTES Revised section 5113

Source: Section (U.S. Code) 46 App. U.S.C. 86h, 88f.

Section 5113 authorizes the Secretary to detain a vessel if the Secretary believes that the vessel is in violation of the load line requirements, and describes the process through which a vessel may be cleared. It also states that a vessel owner is liable for certain costs resulting from a petition for review and load line survey that is made pursuant to a violation of load line requirements.

AMENDMENTS

2006—Subsec. (b). Pub. L. 109–304 substituted "section 60105 of this title" for "section 4197 of the Revised Statutes (46 App. U.S.C. 91)".

Publication Title United States Code, 2012 Edition, Supplement 4, Title 46 - SHIPPING
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 46 - SHIPPING
Subtitle II - Vessels and Seamen
Part C - Load Lines of Vessels
CHAPTER 51 - LOAD LINES
Sec. 5113 - Detention of vessels
Contains section 5113
Date 2016
Laws In Effect As Of Date January 6, 2017
Positive Law Yes
Disposition standard
Statutes at Large References 100 Stat. 1918
120 Stat. 1703
Public Law References Public Law 99-509, Public Law 109-304
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