46 U.S.C. § 30525 — Apportionment of losses

Page 260 TITLE 46—SHIPPING § 30525 of this Appendix, as amended’’ are omitted as unneces- sary. This provision is restated also at section 30508(a) of the revised title. In subsection (b), the words ‘‘is such that the portion available to pay claims for personal injury or death’’ are substituted for ‘‘is insufficient to pay all losses in full, and the portion of such amount applicable to the payment of losses in respect of loss of life or bodily in- jury’’ to eliminate unnecessary words. In subsection (c), the words ‘‘self-propelled vessel’’ are substituted for ‘‘steam or motor vessel’’, and the words ‘‘tonnage for documentation’’ are substituted for ‘‘registered tonnage’’, for consistency in the revised title. The words ‘‘space for the use of seamen’’ are sub- stituted for ‘‘space occupied by seamen or apprentices and appropriated to their use’’ to eliminate unneces- sary words. In subsection (d), the words ‘‘Separate limits of li- ability apply’’ are substituted for ‘‘The owner . . . shall be liable . . . to the same extent as if no other loss of life or bodily injury had arisen’’ to eliminate unneces- sary words. In subsection (e), the words ‘‘the privity or knowl- edge . . . is imputed to the owner’’ are substituted for ‘‘shall be deemed conclusively the privity or knowledge of the owner’’ for consistency and to eliminate unnec- essary words. Editorial Notes AMENDMENTS 2022—Pub. L. 117–263, § 11503(a)(3), renumbered section 30506 of this title as this section. Subsec. (b). Pub. L. 117–263, § 11503(f)(3), substituted ‘‘section 30523’’ for ‘‘section 30505’’. § 30525. Apportionment of losses If the amounts determined under sections 30523 and 30524 of this title are insufficient to pay all claims— (1) all claimants shall be paid in proportion to their respective losses out of the amount determined under section 30523 of this title; and (2) personal injury and death claimants, if any, shall be paid an additional amount in proportion to their respective losses out of the additional amount determined under section 30524(b) of this title. (Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1513, § 30507; renumbered § 30525 and amended Pub. L. 117–263, div. K, title CXV, § 11503(a)(3), (f)(4), Dec. 23, 2022, 136 Stat. 4130, 4131.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30507 .......... 46 App.:183(b) (last sentence). R.S. § 4283(b) (last sentence); Aug. 29, 1935, ch. 804, § 1, 49 Stat. 960; June 5, 1936, ch. 521, § 1, 49 Stat. 1479; Pub. L. 98–498, title II, § 213(a), Oct. 19, 1984, 98 Stat. 2306. 46 App.:184. R.S. § 4284; Feb. 27, 1877, ch. 69, § 1 (related to R.S. § 4284), 19 Stat. 251. This section is substituted for 46 App. U.S.C. 183(b) (last sentence) and 184 (words before semicolon) for clarity and consistency and to eliminate unnecessary words. The text of 46 App. U.S.C. 184 (words after semi- colon) is omitted as unnecessary. See G. Gilmore & C. Black, The Law of Admiralty, § 10–8 (2d ed. 1975). Editorial Notes AMENDMENTS 2022—Pub. L. 117–263, § 11503(f)(4)(A), substituted ‘‘sec- tions 30523 and 30524’’ for ‘‘sections 30505 and 30506’’ in introductory provisions. Pub. L. 117–263, § 11503(a)(3), renumbered section 30507 of this title as this section. Par. (1). Pub. L. 117–263, § 11503(f)(4)(B), substituted ‘‘section 30523’’ for ‘‘section 30505’’. Par. (2). Pub. L. 117–263, § 11503(f)(4)(C), substituted ‘‘section 30524(b)’’ for ‘‘section 30506(b)’’. § 30526. Provisions requiring notice of claim or limiting time for bringing action (a) APPLICATION.—This section applies only to seagoing vessels, but does not apply to pleasure yachts, tugs, towboats, towing vessels, tank ves- sels, fishing vessels, fish tender vessels, canal boats, scows, car floats, barges, lighters, or non- descript vessels. (b) MINIMUM TIME LIMITS.—The owner, master, manager, or agent of a vessel transporting pas- sengers or property between ports in the United States, or between a port in the United States and a port in a foreign country, may not limit by regulation, contract, or otherwise the period for— (1) giving notice of, or filing a claim for, per- sonal injury or death, in the case of seagoing vessels, to less than 6 months after the date of the injury or death, or in the case of covered small passenger vessels, to less than two years after the date of the injury or death; or (2) bringing a civil action for personal injury or death, in the case of seagoing vessels, to less than one year after the date of the injury or death, or in the case of covered small pas- senger vessels, to less than two years after the date of the injury or death. (c) EFFECT OF FAILURE TO GIVE NOTICE.—When notice of a claim for personal injury or death is required by a contract, the failure to give the notice is not a bar to recovery if— (1) the court finds that the owner, master, or agent of the vessel had knowledge of the in- jury or death and the owner has not been prej- udiced by the failure; (2) the court finds there was a satisfactory reason why the notice could not have been given; or (3) the owner of the vessel fails to object to the failure to give the notice. (d) TOLLING OF PERIOD TO GIVE NOTICE.—If a claimant is a minor or mental incompetent, or if a claim is for wrongful death, any period pro- vided by a contract for giving notice of the claim is tolled until the earlier of— (1) the date a legal representative is ap- pointed for the minor, incompetent, or dece- dent’s estate; or (2) 3 years after the injury or death. (Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1514, § 30508; renumbered § 30526 and amended Pub. L. 117–263, div. K, title CXV, § 11503(a)(3), (d), Dec. 23, 2022, 136 Stat. 4130, 4131.)