Collapse to view only § 30703. Bills of lading
- § 30701. Definition
- § 30702. Application
- § 30703. Bills of lading
- § 30704. Loading, stowage, custody, care, and delivery
- § 30705. Seaworthiness
- § 30706. Defenses
- § 30707. Criminal penalty
§ 30701. Definition
In this chapter, the term “carrier” means the owner, manager, charterer, agent, or master of a vessel.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1516.)
§ 30702. Application
(a)In General.—Except as otherwise provided, this chapter applies to a carrier engaged in the carriage of goods to or from any port in the United States.
(b)Live Animals.—Sections 30703 and 30704 of this title do not apply to the carriage of live animals.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1516.)
§ 30703. Bills of lading
(a)Issuance.—On demand of a shipper, the carrier shall issue a bill of lading or shipping document.
(b)Contents.—The bill of lading or shipping document shall include a statement of—
(1) the marks necessary to identify the goods;
(2) the number of packages, or the quantity or weight, and whether it is carrier’s or shipper’s weight; and
(3) the apparent condition of the goods.
(c)Prima Facie Evidence of Receipt.—A bill of lading or shipping document issued under this section is prima facie evidence of receipt of the goods described.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1516.)
§ 30704. Loading, stowage, custody, care, and delivery
A carrier may not insert in a bill of lading or shipping document a provision avoiding its liability for loss or damage arising from negligence or fault in loading, stowage, custody, care, or proper delivery. Any such provision is void.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1516.)
§ 30705. Seaworthiness
(a)Prohibition.—A carrier may not insert in a bill of lading or shipping document a provision lessening or avoiding its obligation to exercise due diligence to—
(1) make the vessel seaworthy; and
(2) properly man, equip, and supply the vessel.
(b)Voidness.—A provision described in subsection (a) is void.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1516.)
§ 30706. Defenses
(a)Due Diligence.—If a carrier has exercised due diligence to make the vessel in all respects seaworthy and to properly man, equip, and supply the vessel, the carrier and the vessel are not liable for loss or damage arising from an error in the navigation or management of the vessel.
(b)Other Defenses.—A carrier and the vessel are not liable for loss or damage arising from—
(1) dangers of the sea or other navigable waters;
(2) acts of God;
(3) public enemies;
(4) seizure under legal process;
(5) inherent defect, quality, or vice of the goods;
(6) insufficiency of package;
(7) act or omission of the shipper or owner of the goods or their agent; or
(8) saving or attempting to save life or property at sea, including a deviation in rendering such a service.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1517.)
§ 30707. Criminal penalty
(a)In General.—A carrier that violates this chapter shall be fined under title 18.
(b)Lien.—The amount of the fine and costs for the violation constitute a lien on the vessel engaged in the carriage. A civil action in rem to enforce the lien may be brought in the district court of the United States for any district in which the vessel is found.
(c)Disposition of Fine.—Half of the fine shall go to the person injured by the violation and half to the United States Government.
(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1517.)