46 U.S.C. § 10307 — Posting agreements

Page 179 TITLE 46—SHIPPING § 10307 In witness whereof, the parties have sub- scribed their names to this agreement, on the dates beside their respective signatures. Signed by , master, on the day of , nineteen hundred and . Signature of seaman Time of service: Birthplace Months Age Days Height: Hospital money Feet Whole wages Inches Wages due Description: Place and time of entry Complexion Time at which seaman is to Hair be on board Wages each month In what capacity Wages each voyage Allotment payable to Advance wages Conduct qualifications Amount of monthly allotment NOTE.—In the place for signature and descriptions of individ- uals engaged after the first departure of the vessel, the entries are to be made as above, except that the signature of the consul or vice consul, customs officer, or witness before whom the indi- vidual is engaged, is to be entered. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 562; Pub. L. 103–206, title IV, § 402, Dec. 20, 1993, 107 Stat. 2436.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 10304 ............................................ 46:713 Section 10304 provides the form of the shipping arti- cles of agreement. While the exact format need not be followed, the form that is used must contain all the pertinent elements. Editorial Notes AMENDMENTS 1993—Pub. L. 103–206 struck out ‘‘Shipping commis- sioner’s signature or initials’’ immediately below ‘‘In what capacity’’ in the form. § 10305. Manner of signing agreement The agreement required by section 10302 of this title shall be signed— (1) first by the master and dated at that time, after which each seaman shall sign; and (2) in the presence of the master or indi- vidual in charge. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 563; Pub. L. 103–206, title IV, § 403, Dec. 20, 1993, 107 Stat. 2436.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 10305 ............................................ 46:565 Section 10305 describes the procedures for signing the shipping agreement, and for keeping official records of the agreement. It also requires that the agreement in- clude a statement that the seaman understand its pro- visions, and did so while sober. Editorial Notes AMENDMENTS 1993—Pub. L. 103–206 struck out ‘‘(a)’’ before ‘‘The agreement’’, substituted ‘‘the master or individual in charge’’ for ‘‘a shipping commissioner’’ in par. (2), and struck out subsecs. (b) and (c) which read as follows: ‘‘(b) When the crew is first engaged, the agreement shall be signed in duplicate. One of the copies shall be retained by the shipping commissioner. The other copy shall contain space for the description and signatures of seamen engaged subsequent to the first making of the agreement, and shall be delivered to the master. ‘‘(c) An agreement signed before a shipping commis- sioner shall be acknowledged and signed by the com- missioner on the agreement in the manner and form prescribed by regulation. The acknowledgment and cer- tification shall include a statement by the commis- sioner that the seaman— ‘‘(1) has read the agreement; ‘‘(2) is acquainted with and understands its condi- tions; and ‘‘(3) has signed it freely and voluntarily when sober.’’ § 10306. Exhibiting merchant mariners’ docu- ments Before signing the agreement required by sec- tion 10302 of this title, each individual required by section 8701 of this title to have a merchant mariner’s document shall exhibit to the master or individual in charge a document issued to the individual, appropriately endorsed for the capac- ity in which the individual is to serve. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 564; Pub. L. 103–206, title IV, § 404, Dec. 20, 1993, 107 Stat. 2436.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 10306 ............................................ 46:643(c) Section 10306 requires a seaman to exhibit an appro- priately endorsed merchant mariner’s document to the shipping commissioner before signing a shipping agree- ment. When a master acts as a shipping commissioner, the same procedure applies. Editorial Notes AMENDMENTS 1993—Pub. L. 103–206 substituted ‘‘master or indi- vidual in charge’’ for ‘‘shipping commissioner’’. § 10307. Posting agreements At the beginning of a voyage, the master shall have a legible copy of the agreement required by section 10302 of this title, omitting signatures, exhibited in a part of the vessel accessible to the crew. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 564; Pub. L. 103–206, title IV, § 405, Dec. 20, 1993, 107 Stat. 2436.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 10307 ............................................ 46:577 Section 10307 requires the master to post a copy of the shipping agreement in a part of the vessel acces- sible to the crew prior to the commencement of a voy- age. The posting must be done in a manner that gives seamen adequate notice of the particulars of the pend- ing voyage. Editorial Notes AMENDMENTS 1993—Pub. L. 103–206 struck out at end ‘‘A master vio- lating this section is liable to the United States Gov- ernment for a civil penalty of $100.’’ Page 180 TITLE 46—SHIPPING § 10308 § 10308. Foreign engagements When a seaman is engaged outside the United States, the agreement required by section 10302 of this title shall be signed in the presence of a consular officer. If a consular officer is not available at the port of engagement, the seaman may be engaged, and the agreement shall be signed in the next port at which a consular offi- cer is available. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 564; Pub. L. 103–206, title IV, § 406, Dec. 20, 1993, 107 Stat. 2436.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 10308 ............................................ 46:570 Section 10308 requires that shipping agreements made in foreign ports be signed in the presence of a consular officer. The penalty for violation of this section is $100. Editorial Notes AMENDMENTS 1993—Pub. L. 103–206 struck out ‘‘(a)’’ before ‘‘When a seaman’’ and struck out subsec. (b) which read as fol- lows: ‘‘A master engaging a seaman in violation of this section is liable to the United States Government for a civil penalty of $100. The vessel also is liable in rem for the penalty.’’ § 10309. Engaging seamen to replace those lost by desertion or casualty (a) If a desertion or casualty results in the loss of at least one seaman, the master shall engage, if obtainable, a number equal to the number of seamen of whose services the master has been deprived. The new seaman must have at least the same grade or rating as the seaman whose place the new seaman fills. The master shall re- port the loss and replacement to a consular offi- cer at the first port at which the master arrives. (b) This section does not apply to a fishing or whaling vessel or a yacht. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 564; Pub. L. 103–206, title IV, § 407, Dec. 20, 1993, 107 Stat. 2436.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 10309 ............................................ 46:569 Section 10309 provides for the replacement of seamen lost by desertion or casualty. It does not apply to fish- ing vessels, whaling vessels, or yachts. Editorial Notes AMENDMENTS 1993—Subsecs. (b), (c). Pub. L. 103–206 redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: ‘‘The master is liable to the United States Government for a civil penalty of $200 for each report not made. The vessel also is liable in rem for the penalty.’’ § 10310. Discharge A master shall deliver to a seaman a full and true account of the seaman’s wages and all de- ductions at least 48 hours before paying off or discharging the seaman. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 564; Pub. L. 103–206, title IV, § 408, Dec. 20, 1993, 107 Stat. 2436.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 10310 ............................................ 46:641 46:642 Section 10310 requires the master of a vessel to give each seaman a full account of the seaman’s wages 48 hours before discharge. The penalty for violation is $50. Editorial Notes AMENDMENTS 1993—Pub. L. 103–206 struck out ‘‘or a shipping com- missioner’’ after ‘‘to a seaman’’ and struck out at end ‘‘A master failing to deliver the account is liable to the United States Government for a civil penalty of $50.’’ § 10311. Certificates of discharge (a) On discharging a seaman and paying the seaman’s wages, the master or individual in charge shall provide the seaman with a certifi- cate of discharge. The form of the certificate shall be prescribed by regulation. It shall con- tain— (1) the name of the seaman; (2) the citizenship or nationality of the sea- man; (3) the number of the seaman’s merchant mariner’s document; (4) the name and official number of the ves- sel; (5) the nature of the voyage (foreign, inter- coastal, or coastwise); (6) the propulsion class of the vessel; (7) the date and place of engagement; (8) the date and place of discharge; and (9) the seaman’s capacity on the voyage. (b) The certificate of discharge may not con- tain a reference about the character or ability of the seaman. The certificate shall be signed by the master and the seaman. (c) A certificate of discharge may not be issued if the seaman holds a continuous dis- charge book. The entries shall be made in the discharge book in the same manner as the en- tries required by subsection (a) of this section. (d)(1) A record of each discharge shall be main- tained by the owner, charterer, managing oper- ator, master, or individual in charge in the man- ner and location prescribed by regulation. The records may not be open for general or public use or inspection. (2) A duplicate of a record of discharge shall be issued to a seaman at the request of the seaman. (e) This section does not apply to a fishing or whaling vessel or a yacht. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 564; Pub. L. 103–206, title IV, § 409, Dec. 20, 1993, 107 Stat. 2436.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 10311 ............................................ 46:643 Section 10311 requires a shipping commissioner, when discharging a seaman, either to provide the seaman