Court Opinions
State Laws
|
Shipping - 46 USC Section 8104
Legal Research Home >
US Lawyer > Shipping > Shipping - 46 USC Section 8104
01/19/04
Sec. 8104. Watches
(a) An owner, charterer, managing operator, master, individual in
charge, or other person having authority may permit an officer to
take charge of the deck watch on a vessel when leaving or
immediately after leaving port only if the officer has been off
duty for at least 6 hours within the 12 hours immediately before
the time of leaving.
(b) On an oceangoing or coastwise vessel of not more than 100
gross tons as measured 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
(except a fishing, fish processing, or fish tender vessel), a
licensed individual may not be required to work more than 9 of 24
hours when in port, including the date of arrival, or more than 12
of 24 hours at sea, except in an emergency when life or property
are endangered.
(c) On a towing vessel (except a towing vessel operated only for
fishing, fish processing, fish tender, or engaged in salvage
operations) operating on the Great Lakes, harbors of the Great
Lakes, and connecting or tributary waters between Gary, Indiana,
Duluth, Minnesota, Niagara Falls, New York, and Ogdensburg, New
York, a licensed individual or seaman in the deck or engine
department may not be required to work more than 8 hours in one day
or permitted to work more than 15 hours in any 24-hour period, or
more than 36 hours in any 72-hour period, except in an emergency
when life or property are endangered.
(d) On a merchant vessel of more than 100 gross tons as measured
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 (except a vessel only operating
on rivers, harbors, lakes (except the Great Lakes), bays, sounds,
bayous, and canals, a fishing, fish tender, or whaling vessel, a
fish processing vessel of not more than 5,000 gross tons as
measured 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, yacht, or vessel
engaged in salvage operations), the licensed individuals, sailors,
coal passers, firemen, oilers, and water tenders shall be divided,
when at sea, into at least 3 watches, and shall be kept on duty
successively to perform ordinary work incident to the operation and
management of the vessel. The requirement of this subsection
applies to radio officers only when at least 3 radio officers are
employed. A licensed individual or seaman in the deck or engine
department may not be required to work more than 8 hours in one
day.
(e) On a vessel designated by subsection (d) of this section -
(1) a seaman may not be -
(A) engaged to work alternately in the deck and engine
departments; or
(B) required to work in the engine department if engaged for
deck department duty or required to work in the deck department
if engaged for engine department duty;
(2) a seaman may not be required to do unnecessary work on
Sundays, New Year's Day, July 4th, Labor Day, Thanksgiving Day,
or Christmas Day, when the vessel is in a safe harbor, but this
clause does not prevent dispatch of a vessel on a voyage; and
(3) when the vessel is in a safe harbor, 8 hours (including
anchor watch) is a day's work.
(f) Subsections (d) and (e) of this section do not limit the
authority of the master or other officer or the obedience of the
seamen when, in the judgment of the master or other officer, any
part of the crew is needed for -
(1) maneuvering, shifting the berth of, mooring, or unmooring,
the vessel;
(2) performing work necessary for the safety of the vessel, or
the vessel's passengers, crew, or cargo;
(3) saving life on board another vessel in jeopardy; or
(4) performing fire, lifeboat, or other drills in port or at
sea.
(g) On a towing vessel, an offshore supply vessel, or a barge to
which this section applies, that is engaged on a voyage of less
than 600 miles, the licensed individuals and crewmembers (except
the coal passers, firemen, oilers, and water tenders) may be
divided, when at sea, into at least 2 watches.
(h) On a vessel to which section 8904 of this title applies, an
individual licensed to operate a towing vessel may not work for
more than 12 hours in a consecutive 24-hour period except in an
emergency.
(i) A person violating subsection (a) or (b) of this section is
liable to the United States Government for a civil penalty of
$10,000.
(j) The owner, charterer, or managing operator of a vessel on
which a violation of subsection (c), (d), (e), or (h) of this
section occurs is liable to the Government for a civil penalty of
$10,000. The seaman is entitled to discharge from the vessel and
receipt of wages earned.
(k) On a fish processing vessel subject to inspection under part
B of this subtitle, the licensed individuals and deck crew shall be
divided, when at sea, into at least 3 watches.
(l) Except as provided in subsection (k) of this section, on a
fish processing vessel, the licensed individuals and deck crew
shall be divided, when at sea, into at least 2 watches if the
vessel -
(1) entered into service before January 1, 1988, and is more
than 1,600 gross tons as measured 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; or
(2) entered into service after December 31, 1987, and has more
than 16 individuals on board primarily employed in the
preparation of fish or fish products.
(m) This section does not apply to a fish processing vessel -
(1) entered into service before January 1, 1988, and not more
than 1,600 gross tons as measured 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; or
(2) entered into service after December 31, 1987, and having
not more than 16 individuals on board primarily employed in the
preparation of fish or fish products.
(n) On a tanker, a licensed individual or seaman may not be
permitted to work more than 15 hours in any 24-hour period, or more
than 36 hours in any 72-hour period, except in an emergency or a
drill. In this subsection, "work" includes any administrative
duties associated with the vessel whether performed on board the
vessel or onshore.
(o)(1) Except as provided in paragraph (2) of this subsection, on
a fish tender vessel of not more than 500 gross tons as measured
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 engaged in the Aleutian trade,
the licensed individuals and crewmembers shall be divided, when at
sea, into at least 3 watches.
(2) On a fish tender vessel of not more than 500 gross tons as
measured 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 engaged in the Aleutian
trade, the licensed individuals and crewmembers shall be divided,
when at sea, into at least 2 watches, if the vessel -
(A) before September 8, 1990, operated in that trade; or
(B)(i) before September 8, 1990, was purchased to be used in
that trade; and
(ii) before June 1, 1992, entered into service in that trade.
(p) The Secretary may prescribe the watchstanding and work hours
requirements for an oil spill response vessel.
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised section Source section (U.S. Code)
--------------------------------------------------------------------
8104 46:235
46:405(b)
46:673
--------------------------------------------------------------------
Section 8104 prescribes certain working hours and conditions
under which working hours are set. The Committee intends that these
sections be interpreted in a manner consistent with one another.
Subsection (a) permits an individual to take charge of the deck
watch on leaving port and immediately thereafter only if the
individual has been off duty for 6 of the 12 hours immediately
prior to departure.
Subsection (b) prohibits a licensed individual from being
required to work more than 9 of 24 hours in port or more than 12 of
24 hours at sea on an oceangoing or coastwise vessel of not more
than 100 gross tons, except in an emergency.
Subsection (c) prescribes a maximum 8-hour day for licensed
individuals and seamen on towing vessels operating on the Great
Lakes and certain connecting or tributary waters.
Subsection (d) requires certain members of the complement of
certain merchant vessels of more than 100 gross tons to be divided
into at least 3 successive watches when at sea. This requirement
applies to radio officers only when at least 3 radio officers are
employed. Subsection (d) also prescribes a maximum 8-hour work day
for licensed individuals and seamen on these vessels.
For the Great Lakes towing vessels and merchant vessels in
subsections (c) and (d(, subsection (e) requires that seamen be
hired only for work in either the deck or the engine department.
When in a safe harbor, seamen may be required to do only necessary
work on Sundays and certain holidays, unless the vessel is getting
underway on a voyage. Further, when in a safe harbor, this
subsection restates the maximum 8-hour work day which applies even
for anchor watch.
Subsection (f) states that the limitations in subsections (d) and
(e) do not apply if the master or other officer decides the crew is
needed for certain routine, safety, or rescue activities.
Subsection (g) provides that for a towing vessel (except a Great
Lakes towing vessel under subsection (c)), offshore supply vessel,
or barge on a voyage of less than 600 miles, the licensed officers
and certain crewmembers may be divided into not less than two
watches when at sea.
Subsection (h) provides that the licensed operator for a towing
vessel at least 26 feet long may not be required to work more than
12 of 24 hours, except in an emergency.
Subsections (i) and (j) prescribe penalties for violations of the
provisions of this section and, in certain instances, entitles the
seaman to discharge and payment of wages.
AMENDMENTS
1996 - Subsec. (b). Pub. L. 104-324, Sec. 728(1), inserted "as
measured 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 "100 gross
tons".
Subsec. (c). Pub. L. 104-324, Sec. 1114(a), struck out "or
permitted" after "required" and inserted "or permitted to work more
than 15 hours in any 24-hour period, or more than 36 hours in any
72-hour period" after "day".
Subsec. (d). Pub. L. 104-324, Sec. 728(2), inserted "as measured
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 "100 gross tons" and after
"5,000 gross tons".
Subsec. (e). Pub. L. 104-324, Sec. 1114(b), substituted
"subsection (d)" for "subsections (c) and (d)" in introductory
provisions.
Subsec. (g). Pub. L. 104-324, Sec. 1114(c), struck out "(except a
vessel to which subsection (c) of this section applies)" after "On
a towing vessel".
Subsec. (l)(1). Pub. L. 104-324, Sec. 728(3), inserted "as
measured 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 "1,600 gross
tons".
Subsec. (m)(1). Pub. L. 104-324, Sec. 728(4), inserted "as
measured 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 "1,600 gross
tons".
Subsec. (o)(1). Pub. L. 104-324, Sec. 728(5), inserted "as
measured 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 "500 gross
tons".
Subsec. (o)(2). Pub. L. 104-324, Sec. 728(6), inserted "as
measured 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 "500 gross
tons".
Subsec. (p). Pub. L. 104-324, Sec. 1104(c), amended subsec. (p)
generally. Prior to amendment, subsec. (p) read as follows: "On a
vessel used only to respond to a discharge of oil or a hazardous
substance, the licensed individuals and crewmembers may be divided
into at least two watches when the vessel is engaged in an
operation less than 12 hours in duration."
1993 - Subsec. (g). Pub. L. 103-206, Sec. 322(a)(1), struck out
"a vessel used only to respond to a discharge of oil or a hazardous
substance," after "an offshore supply vessel,".
Subsec. (p). Pub. L. 103-206, Sec. 322(a)(2), added subsec. (p).
1992 - Subsec. (g). Pub. L. 102-587, Sec. 5212(1), inserted "a
vessel used only to respond to a discharge of oil or a hazardous
substance," after "an offshore supply vessel,".
Subsecs. (n), (o). Pub. L. 102-587, Sec. 5212(2), redesignated
subsec. (n), relating to fish tender vessels of not more than 500
gross tons engaged in Aleutian trade, as (o).
1990 - Subsecs. (i), (j). Pub. L. 101-380, Sec. 4302(f),
substituted "$10,000" for "$100" in subsec. (i) and for "$500" in
subsec. (j).
Subsec. (n). Pub. L. 101-595 added subsec. (n) relating to fish
tender vessels of not more than 500 gross tons engaged in Aleutian
trade.
Pub. L. 101-380, Sec. 4114(b), added subsec. (n) relating to
tankers.
1986 - Subsec. (k). Pub. L. 99-307 substituted "watches" for
"watchers".
1984 - Subsec. (b). Pub. L. 98-364, Sec. 402(11)(A), substituted
"100 gross tons (except a fishing, fish processing, or fish tender
vessel)" for "100 gross tons".
Subsec. (c). Pub. L. 98-364, Sec. 402(11)(B), substituted
"fishing, fish processing, fish tender," for "fishing".
Subsec. (d). Pub. L. 98-364, Sec. 402(11)(C), substituted "a
fishing, fish tender, or whaling vessel, a fish processing vessel
of not more than 5,000 gross tons" for "a fishing or whaling
vessel".
Subsec. (k). Pub. L. 98-557 substituted "shall" for "may".
Pub. L. 98-364, Sec. 402(11)(D), added subsec. (k).
Subsec. (l). Pub. L. 98-557 substituted "shall" for "may" in
provisions preceding par. (1).
Pub. L. 98-364, Sec. 402(11)(D), added subsec. (l).
Subsec. (m). Pub. L. 98-364, Sec. 402(11)(D), added subsec. (m).
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101-380 applicable to incidents occurring
after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out
as an Effective Date note under section 2701 of Title 33,
Navigation and Navigable Waters.
Last modified: April 20, 2006
|
|
