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46 U.S.C. § 10508 — General penalties

Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 10508 — General penalties

**(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.

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Stable record: federal_law:legal_authorities:record_usc_6a82090d4a8c9d66b34267c3
Source file: Laws/federal/codes/united-states-code/title-46/section-10508-general-penalties--e6a95fd9c8.md
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Source location: Title 46, Chapter 105, § 10508; chapter-105-coastwise-voyages.md

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**(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.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 10502 — Shipping articles agreements

**(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

46 U.S.C. § 10508 — General penalties

Page 187 TITLE 46—SHIPPING § 10508 § 10505. Advances (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 an- other 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 de- ducted from the seaman’s wage. (2) A person violating this subsection is liable to the United States Government for a civil pen- alty 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 sea- man 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 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. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 571; Pub. L. 99–640, § 10(b)(4), Nov. 10, 1986, 100 Stat. 3550; Pub. L. 103–206, title IV, § 414, Dec. 20, 1993, 107 Stat. 2437.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 10505 ............................................ 46:598 46:599 Section 10505 prohibits any person from paying a sea- man on a coastwise voyage advance wages, or to pay to another person any

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