46 U.S.C. § 10503 — Exhibiting merchant mariners’ docu-

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 Repealed.] 10508.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. L. 98–89, Aug. 26, 1983, 97 Stat. 570; Pub. L. 104–324, title VII, § 738, Oct. 19, 1996, 110 Stat. 3941.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 10501 ............................................ 46:574 Section 10501 specifies that vessels over 50 gross tons that are not subject to chapter 103 and are engaged on voyages between two states (except for adjoining states) are subject to the provisions of this chapter. Specifically excluded are foreign vessels and vessels on which seamen share the profits. Editorial Notes AMENDMENTS 1996—Subsec. (a). Pub. L. 104–324 inserted ‘‘as meas- ured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title’’ after ‘‘50 gross tons’’. § 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 provi- sion on the allotment of wages or a scale of pro- visions. (d) Each shipping agreement must be signed by the master or individual in charge or a rep- resentative 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 sea- man and the Coast Guard on request. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 570; Pub. L. 103–206, title IV, § 413, Dec. 20, 1993, 107 Stat. 2437.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 10502 ............................................ 46:574 Section 10502 requires the master on a vessel engaged on a coastwise voyage to sign a shipping agreement with each member of the crew and lists provisions which must be and provisions which may not be in- cluded in the agreement. Editorial Notes AMENDMENTS 1993—Subsec. (a). Pub. L. 103–206, § 413(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: ‘‘Before proceeding on a voyage, the master of a vessel to which this chapter applies shall make a shipping articles agreement in writing with each seaman on board, declaring the nature of the voy- age or the period of time for which the seaman is en- gaged.’’ Subsecs. (d) to (f). Pub. L. 103–206, § 413(2), added sub- secs. (d) to (f). Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 10503. Exhibiting merchant mariners’ docu- ments Before signing the agreement required by sec- tion 10502 of this title, a seaman required by sec- Page 186 TITLE 46—SHIPPING § 10504 tion 8701 of this title to have a merchant mari- ner’s document shall exhibit to the master a document issued to the seaman and appro- priately endorsed for the capacity in which the seaman is to serve. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 570.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 10503 ............................................ 46:643 Under section 10503 seamen who are required to have a merchant mariner’s document must exhibit it before signing a shipping agreement on a coastwise voyage. § 10504. Wages (a) After the beginning of a voyage, a seaman is entitled to receive from the master, on de- mand, 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 de- mand 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 re- quired by section 10502 of this title and is enti- tled to payment of all wages earned. Notwith- standing a release signed by a seaman under sec- tion 10312 of this title, a court having jurisdic- tion may set aside, for good cause shown, the re- lease 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 sec- tion 10502 of this title or when the seaman is dis- charged, 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 passenger ves- sel capable of carrying more than 500 passengers for wages under this section against a vessel master, owner, or operator or the employer of the seamen shall not exceed ten times the un- paid wages that are the subject of the claims. (3) A class action suit for wages under this subsection must be commenced within three years after the later of— (A) the date of the end of the last voyage for which the wages are claimed; or (B) the receipt, by a seaman who is a claim- ant in the suit, of a payment of wages that are the subject of the suit that is made in the or- dinary course of employment. (d) Subsections (b) and (c) of this section do not apply to: (1) a vessel engaged in coastwise commerce. (2) a yacht. (3) a fishing vessel. (4) a whaling vessel. (e) This section applies to a seaman on a for- eign vessel when in harbor of the United States. The courts are available to the seaman for the enforcement of this section. (f) DEPOSITS IN SEAMAN ACCOUNT.—On written request signed by the seaman, a seaman em- ployed on a passenger vessel capable of carrying more than 500 passengers may authorize, the master, owner, or operator of the vessel, or the employer of the seaman, to make deposits of wages of the seaman into a checking, savings, investment, or retirement account, or other ac- count to secure a payroll or debit card for the seaman if— (1) the wages designated by the seaman for such deposit are deposited in a United States or international financial institution des- ignated by the seaman; (2) such deposits in the financial institution are fully guaranteed under commonly accept- ed international standards by the government of the country in which the financial institu- tion is licensed; (3) a written wage statement or pay stub, in- cluding an accounting of any direct deposit, is delivered to the seaman no less often than monthly; and (4) while on board the vessel on which the seaman is employed, the seaman is able to ar- range for withdrawal of all funds on deposit in the account in which the wages are deposited. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 570; Pub. L. 99–36, § 1(a)(5), May 15, 1985, 99 Stat. 67; Pub. L. 99–640, § 10(b)(4), (5), Nov. 10, 1986, 100 Stat. 3550; Pub. L. 111–281, title IX, § 902(b), Oct. 15, 2010, 124 Stat. 3009.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 10504 ............................................ 46:596 46:597 46:598 Section 10504 specifies when seamen on coastwise voyages may obtain portions of their wages. The sec- tion does not apply to fishing vessels, whaling vessels or yachts, and portions of it do not apply to vessels taking oysters. It does apply to foreign vessels while in United States ports. Editorial Notes AMENDMENTS 2010—Subsec. (c). Pub. L. 111–281, § 902(b)(1), des- ignated existing provisions as par. (1), substituted ‘‘Subject to subsection (d), and except as provided in paragraph (2), when’’ for ‘‘When’’, and added pars. (2) and (3). Subsec. (f). Pub. L. 111–281, § 902(b)(2), added subsec. (f). 1986—Subsec. (a). Pub. L. 99–640, § 10(b)(4), struck out last sentence which read as follows: ‘‘However, this subsection applies to a vessel taking oysters.’’ Subsec. (d)(3). Pub. L. 99–640, § 10(b)(5), struck out ‘‘(except a vessel taking oysters)’’ after ‘‘vessel’’. 1985—Subsec. (d). Pub. L. 99–36 amended subsec. (d) generally, thereby including reference to a vessel en- gaged in coastwise commerce. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1985 AMENDMENT Pub. L. 99–36, § 1(b), May 15, 1985, 99 Stat. 68, provided that: ‘‘The effective date of subsection (a)(5) of this sec- tion [amending this section] is August 26, 1983.’’