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pdf§ 10310
TITLE 46—SHIPPING
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.’’
Page 148
(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 ............................................
§ 10310. Discharge
A master shall deliver to a seaman a full and
true account of the seaman’s wages and all deductions 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 ............................................
Section 10311 requires a shipping commissioner, when
discharging a seaman, either to provide the seaman
with a certificate of discharge or to make an entry in
the seaman’s continuous discharge book. It requires
that certain facts be included in the certificate or in
the entry, prohibits other information from being included, and requires the Secretary to keep records of
all discharges, copies of which must be furnished to
seamen at cost upon request. These discharges are used
to substantiate the nature and duration of the seaman’s employment on a particular vessel. This section
does not apply to fishing vessels, whaling vessels, or
yachts.
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.
AMENDMENTS
1993—Pub. L. 103–206 struck out ‘‘or a shipping commissioner’’ 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 certificate of discharge. The form of the certificate
shall be prescribed by regulation. It shall contain—
(1) the name of the seaman;
(2) the citizenship or nationality of the seaman;
(3) the number of the seaman’s merchant
mariner’s document;
(4) the name and official number of the vessel;
(5) the nature of the voyage (foreign, intercoastal, 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 contain 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 discharge
book. The entries shall be made in the discharge
book in the same manner as the entries required
by subsection (a) of this section.
(d)(1) A record of each discharge shall be maintained by the owner, charterer, managing operator, master, or individual in charge in the manner 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.
46:643
AMENDMENTS
1993—Subsec. (a). Pub. L. 103–206, § 409(1), substituted
‘‘master or individual in charge’’ for ‘‘shipping commissioner’’.
Subsec. (b). Pub. L. 103–206, § 409(2), substituted ‘‘by
the master and the seaman’’ for ‘‘by the master, the
seaman, and the shipping commissioner as witness’’.
Subsec. (d)(1). Pub. L. 103–206, § 409(3), substituted
‘‘owner, charterer, managing operator, master, or individual in charge’’ for ‘‘Secretary’’.
Subsec. (d)(2). Pub. L. 103–206, § 409(4), substituted ‘‘at
the request of the seaman’’ for ‘‘at a cost prescribed by
regulation’’.
§ 10312. Settlements on discharge
When discharge and settlement are completed,
the master, individual in charge, or owner and
each seaman shall sign the agreement required
by section 10302 of this title.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 565; Pub. L.
103–206, title IV, § 410, Dec. 20, 1993, 107 Stat.
2437.)
HISTORICAL AND REVISION NOTES
Revised section
Source section (U.S. Code)
10312(a), (b), (d)–(f) ......................
10312(c) ........................................
46:644
46:652
Section 10312 outlines the procedures for settlements
upon discharge and for settling disputes over seamen’s
wages and discharges.
AMENDMENTS
1993—Pub. L. 103–206 amended heading and text of section generally, substituting text consisting of sentence
relating to signing agreements on discharge and settlement for former subsecs. (a) to (f) relating to such
agreements, proceedings before shipping commissioners
to settle disputes, certified copies of agreements, evidence of release of claims, and statements of wages
paid.
§ 10313. Wages
(a) A seaman’s entitlement to wages and provisions begins when the seaman begins work or
when specified in the agreement required by section 10302 of this title for the seaman to begin
work or be present on board, whichever is earlier.
(b) Wages are not dependent on the earning of
freight by the vessel. When the loss or wreck of
| File Type | application/pdf |
| File Modified | 2012-04-27 |
| File Created | 2012-04-27 |