2017 US Code
Title 46 - Shipping
Subtitle III - Maritime Liability
Chapter 307 - Liability of Water Carriers
Sec. 30705 - Seaworthiness

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Citation 46 U.S.C. § 30705 (2017)
Section Name §30705. Seaworthiness
Section 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.

Source Credit

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

Editorial Notes
Historical and Revision Notes
Revised SectionSource (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.

Publication Title United States Code, 2012 Edition, Supplement 5, 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 2017
Laws In Effect As Of Date January 12, 2018
Positive Law Yes
Disposition standard
Statutes at Large References 27 Stat. 445
120 Stat. 1516
Public Law References Public Law 109-304
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