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46 U.S.C. § 10502 — Shipping articles agreements
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The owner, charterer, managing operator, master, or individual in charge shall make a shipping agreement in writing with each seaman before the seaman commences employment.
**(b)** The agreement shall include the date and hour on which the seaman must be on board to begin the voyage.
**(c)** The agreement may not contain a provision on the allotment of wages or a scale of provisions.
**(d)** Each shipping agreement must be signed by the master or individual in charge or a representative of the owner, charterer, or managing operator, and by each seaman employed.
**(e)** The owner, charterer, managing operator, master, or individual in charge shall maintain the shipping agreement and make the shipping agreement available to the seaman.
**(f)** The Secretary shall prescribe regulations requiring shipping companies to maintain records of seamen on matters of engagement, discharge, and service. The shipping companies shall make these records available to the seaman and the Coast Guard on request.
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Stable record: federal_law:legal_authorities:record_usc_4fb7a6d27ee214cf05f48f21
Source file: Laws/federal/codes/united-states-code/title-46/section-10502-shipping-articles-agreements--7cc4e032ad.md
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Source location: Title 46, Chapter 105, § 10502; chapter-105-coastwise-voyages.md
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**(a)** The owner, charterer, managing operator, master, or individual in charge shall make a shipping agreement in writing with each seaman before the seaman commences employment.
**(b)** The agreement shall include the date and hour on which the seaman must be on board to begin the voyage.
**(c)** The agreement may not contain a provision on the allotment of wages or a scale of provisions.
**(d)** Each shipping agreement must be signed by the master or individual in charge or a representative of the owner, charterer, or managing operator, and by each seaman employed.
**(e)** The owner, charterer, managing operator, master, or individual in charge shall maintain the shipping agreement and make the shipping agreement available to the seaman.
**(f)** The Secretary shall prescribe regulations requiring shipping companies to maintain records of seamen on matters of engagement, discharge, and service. The shipping companies shall make these records available to the seaman and the Coast Guard on request.
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Federal law — U.S. Code and appendices · legal_authorities
(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security.
(2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 542
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Federal law — U.S. Code and appendices · legal_authorities
Before signing the agreement required by [section 10502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section10502&num=0&edition=prelim), a seaman required by [section 8701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section8701&num=0&edition=prelim) to have a merchant mariner’s document shall exhibit to the master a document issued to the seaman and appropriately endorsed for the capacity in which the seaman is to serve.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 10503
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** After the beginning of a voyage, a seaman is entitled to receive from the master, on demand, one-half of the balance of wages earned and unpaid at each port at which the vessel loads or delivers cargo during the voyage. A demand may not be made before the expiration of 5 days from the beginning of the voyage, not more than once in 5 days, and not more than once in the same port on the same entry. If a master does not comply with this subsection, the seaman is released from the agreement required by [section 10502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section10502&num=0&edition=prelim) and is entitled to payment of all wages earned. Notwithstanding a release signed by a seaman under [section 10312 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section10312&num=0&edition=prelim), a court having jurisdiction may set aside, for good cause shown, the release and take action that justice requires. This subsection does not apply to a fishing or whaling vessel or a yacht.
**(b)** The master shall pay a seaman the balance of wages due the seaman within 2 days after the termination of the agreement required by [section 10502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section10502&num=0&edition=prelim) or when the seaman is discharged, whichever is earlier.
**(c)**
(1) Subject to subsection (d), and except as provided in paragraph (2), when payment is not made as provided under subsection (b) of this section without sufficient cause, the master or owner shall pay to the seaman 2 days’ wages for each day payment is delayed.
(2) The total amount required to be paid under paragraph (1) with respect to all claims in a class action suit by seamen on a
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 10504
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) A person may not—
(A) pay a seaman wages in advance of the time when the seaman has earned the wages;
(B) pay advance wages of the seaman to another person; or
(C) make to another person an order, note, or other evidence of indebtedness of the wages, or pay another person, for the engagement of seamen when payment is deducted or to be deducted from the seaman’s wage.
(2) A person violating this subsection is liable to the United States Government for a civil penalty of not more than $5,000. A payment made in violation of this subsection does not relieve the vessel or the master from the duty to pay all wages after they have been earned.
**(b)** A person demanding or receiving from a seaman or an individual seeking employment as a seaman, remuneration for providing the seaman or individual with employment, is liable to the Government for a civil penalty of not more than $5,000.
**(c)** The owner, charterer, managing operator, agent, or master of a vessel seeking clearance from a port of the United States shall present the agreement required by [section 10502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section10502&num=0&edition=prelim) at the office of clearance. Clearance may be granted to a vessel only if this section has been complied with.
**(d)** This section does not apply to a fishing or whaling vessel or a yacht.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 10505
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A master who carries a seaman on a voyage without first making the agreement required by [section 10502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section10502&num=0&edition=prelim) shall pay to the seaman the highest wage that was paid for a similar voyage within the 3 months before the time of engagement at the port or place at which the seaman was engaged. A seaman who has not signed an agreement is not bound by the applicable regulations, penalties, or forfeitures.
**(b)** A master engaging a seaman in violation of this chapter or a regulation prescribed under this chapter is liable to the United States Government for a civil penalty of not more than $5,000. The vessel also is liable in rem for the penalty.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 10508
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A seaman who fails to be on board at the time contained in the agreement required by [section 10502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section10502&num=0&edition=prelim), without having given 24 hours’ notice of inability to do so, shall forfeit, for each hour’s lateness, one-half of one day’s pay to be deducted from the seaman’s wages if the lateness is recorded in the official logbook on the date of the violation.
**(b)** A seaman who does not report at all or subsequently deserts forfeits all wages.
**(c)** This section does not apply to a fishing or whaling vessel or a yacht.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 10509
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Federal law — U.S. Code and appendices · legal_authorities
Page 185
TITLE 46—SHIPPING
§ 10503
prescribed under this chapter liable in rem to the
United States Government for a civil penalty of $200 for
each seaman carried in violation.
Editorial Notes
AMENDMENTS
1993—Pub. L. 103–206 amended heading and text of sec-
tion generally. Prior to amendment, text read as fol-
lows: ‘‘The owner, charterer, managing operator, agent,
or master of a vessel on which a seaman is carried in
violation of this chapter or a regulation prescribed
under this chapter is liable to the United States Gov-
ernment for a civil penalty of $200 for each seaman car-
ried in violation. The vessel also is liable in rem for the
penalty.’’
CHAPTER 105—COASTWISE VOYAGES
Sec.
10501.
Application.
10502.
Shipping articles agreements.
10503.
Exhibiting merchant mariners’ documents.
10504.
Wages.
10505.
Advances.
10506.
Trusts.
[10507.
Repealed.]
10508.
General penalties.
10509.
Penalty for failing to begin voyage.
Editorial Notes
AMENDMENTS
1993—Pub. L. 103–206, title IV, § 415(b), Dec. 20, 1993, 107
Stat. 2438, struck out item 10507 ‘‘Duties of shipping
commissioners’’.
§ 10501. Application
(a) Except for a vessel to which chapter 103 of
this title applies, this chapter applies to a vessel
of at least 50 gross tons as measured under sec-
tion 14502 of this title, or an alternate tonnage
measured under section 14302 of this title as pre-
scribed by the Secretary under section 14104 of
this title on a voyage between a port in one
State and a port in another State (except an ad-
joining State).
(b) This chapter does not apply to a vessel on
which the seamen are entitled by custom or
agreement to share in the profit or result of a
voyage.
(c) Unless otherwise provided, this chapter
does not apply to a foreign vessel.
(Pub.
Source: Supplied 2024 U.S. Code historical extraction · 46 U.S.C. § 10502
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.