Chapter 508. To establish load lines for American vessels, and for other purposes
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Chap. 508: To establish load lines for American vessels, and for other purposes. 1929-03-02 508 Chapter 45 Stat. 1492 70 2 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-01-24 public Chapter 508.— An Act To establish load lines for American vessels, and for other purposes. March 2, 1929.[[S. 1781](/us/bill/70/s/1781).][[Public, No. 934](/us/pl/70/934).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * Shipping.Load lines established.
That load lines are hereby established for the following vessels:
(a)For merchant vessels loading in United States for sea, except the Great Lakes. Merchant vessels of two hundred and fifty gross tons or over, loading at or proceeding to sea from any port or place within the United States or its possessions for a foreign voyage by sea, the Great Lakes excepted. 1493
(b)Merchant vessels of the United States of two hundred andAmerican vessels loading at foreign ports, the Great Lakes excepted. fifty gross tons or over, loading at or proceeding to sea from any foreign port or place for a voyage by sea, the Great Lakes excepted. Sec. 2. The Secretary of Commerce is hereby authorized andLoad water lines and marks of maximum loading depths to be established by regulation. directed in respect of the vessels defined in section 1
(a)and
(b)to establish by regulations from time to time the load water lines and marks thereof indicating the maximum depth to which such vessels may safely be loaded and in establishing such load lines due consideration shall be given to, and differentials made for, the various types and character of vessels and the trades in which they are engaged: *Provided*, That no load line shall be established or marked*Proviso*.Not above line of safety. on any vessel, which load line, in the judgment of the Secretary of Commerce, is above the actual line of safety. Such regulationsRegulations to have force of law. shall have the force of law. Sec. 3. It shall be the duty of the owner and of the master ofMarking required. every vessel subject to this Act and to the regulations established thereunder to cause the load line or lines so established to be permanently and conspicuously marked upon the vessel in such manner as the Secretary of Commerce shall direct, and to keep the same so marked. The Secretary of Commerce shall appoint the AmericanAppointment of American Bureau of Shipping, etc., to survey and determine if marking, etc., correct. Bureau of Shipping, or such other American corporation or association for the survey or registry of shipping as may be selected by him, to determine whether the position and manner of marking on such vessels the load line or lines so established are in accordance with the provisions of this Act and of the regulations established thereunder: *Provided, however*, That, at the request of the shipowner,*Proviso*.Other corporation, at request of shippers, of Government officer. the Secretary of Commerce may appoint, for the purpose aforesaid, any other corporation or association for the survey or registry of shipping which the Secretary of Commerce may approve; or the Secretary of Commerce may appoint for said purpose any officer of the Government, who shall perform such services as may be directed by the Secretary of Commerce. The Secretary of Commerce may, in his discretion, revoke any appointment made pursuant to this section. Such corporation, association, or officer shall, uponCertificate from examiners, approving marking, etc. approving the position and manner of marking of such load line or lines, issue a certificate, in a form to be prescribed by the Secretary of Commerce, that the same are in accordance with the provisions of this Act and of the regulations established thereunder, andCopy of, to master of vessel.Departure without approved mark, and copy of certificate, unlawful. shall deliver a copy thereof to the master of the vessel. It shall be unlawful for any vessel subject to this Act and to said regulations to depart from any port or place designated in section
(1)without bearing such mark or marks, approved and certified by such corporation, association, or officer, and without having on board a copy of said certificate. Sec. 4. It shall be unlawful for any vessel subject to this Act andLoading so as to submerge marked load lines, unlawful. to the regulations established thereunder to be so loaded as to submerge, in sea water, the load line or lines marked pursuant to this Act and to the regulations established thereunder applicable to her voyage; or so as to submerge under like conditions the point whereSubmerging the point where load lines should be marked. such load line or lines ought to be marked pursuant to the provisions of this Act and of the regulations established thereunder; or so as in any manner to violate the said regulations. Sec. 5. Whenever the Secretary of Commerce shall certify thatExemptions of vessels of any foreign country, complying with laws of, relating to load lines. the laws and regulations in force in any foreign country relating to load lines are equally effective with the regulations established under this Act, the Secretary of Commerce may direct, on proof that a vessel of that country has complied with such foreign laws and regulations, that such vessel and her master and owner shall be exempted from compliance with the provisions of this Act, except 1494*Proviso*.Not applicable if country does not similarly recognize these load lines.as hereinafter provided: *Provided*, That this section shall not apply to the vessels of any foreign country which does not similarly recognize the load lines established under this Act and the regulations made thereunder. Sec. 6. Entry on log book before departing, of position of load line mark, etc. It shall be the duty of the master of every vessel subject to this Act and to the regulations established thereunder and of every foreign vessel exempted pursuant to section 5, before departing from her loading port or place for a voyage by sea, to enter in the official log book of such vessel a statement of the position of the load-line mark applicable to the voyage in question and the actual drafts forward and aft at the time of departing from port as nearly as the same can be ascertained. Sec. 7. Detention by collector of customs, of vessels about to depart loaded in violation herewith, etc. If any collector of customs has reason to believe, on complaint or otherwise, that a vessel subject to this Act and to the regulations established thereunder is about to proceed to sea from a port in the United States or its possessions within his district when loaded in violation of section 4, or that any vessel exempted pursuant to section 5 is about to proceed to sea from such port when loaded in violation of the laws and regulations of her country with respect to load line, he may by written order served on the master or officer in Examination and report by disinterested surveyors.charge of such vessel detain her provisionally for the purpose of being surveyed. The collector shall then serve on the master a written statement of the grounds of her detention and shall appoint three disinterested surveyors to examine the vessel and her loading and to report to him, whereupon the said collector may release or may by Release or detention until reloaded.written order served on the master or officer in charge of such vessel detain the vessel until she has been reloaded in whole or in part so as to conform to section 4; or, in case of a vessel exempted pursuant to section 5, so as to conform to the laws and regulations of her own Appeal to Secretary of Commerce by master, and further survey may be ordered, etc.country with respect to load line. If the vessel be ordered detained, the master may, within five days, appeal to the Secretary of Commerce, who may, if he desires, order a further survey, and may Clearance refused to vessel detained.affirm, set aside, or modify the order of the collector. Clearance shall be refused to any vessel which shall have been ordered detained. Sec. 8. Penalty for permitting departure without certified marking, etc.
(a)If the owner or master of any vessel subject to this Act and to the regulations established thereunder shall permit her to depart from her loading port or place without having complied with the provisions of section 3, he shall for each offense be liable Penalty for permitting foreign vessel to depart without load lines marked as required by laws of its country.to the United States in a penalty of $500. If the owner or master of any vessel exempted pursuant to section 5 shall permit her to depart from her loading port or place without having the load line or lines required by the laws and regulations of the country to which she belongs marked upon her as required by said laws and regulations, he shall for each offense be liable to the United States in a Discretionary remission, etc., by the Secretary.penalty of $500. The Secretary of Commerce may, in his discretion, remit or mitigate any penalty imposed under this paragraph, or discontinue prosecution therefor on such terms as he may deem proper.
(b)Penalty for failing to make required entry in log book before departing. If the master of any vessel subject to this Act and to the regulations established thereunder, or of any foreign vessel exempted pursuant to section 5, shall fail, before departing from her loading port or place, to enter in the official log book of such vessel the statement required by section 6, he shall for each offense be liable Discretionary remission, etc., by the Secretary.to the United States in a penalty of $100. The Secretary of Commerce may, in his discretion, remit or mitigate any penalty imposed under this paragraph.
(c)Permitting vessel to depart, or owner, etc., failing to take care to prevent departure, with submerged load line, etc. If any person shall knowingly permit or cause or attempt to cause any vessel subject to this Act and to the regulations established thereunder to depart, or if, being the owner, manager, agent, or master of such vessel, he shall fail to take reasonable care to 1495prevent her from departing from her loading port or place when loading in violation of section 4, or if any person shall knowingly permit or cause or attempt to cause a foreign vessel exempted pursuantApplication to foreign, vessels. to section 5 to depart, or if, being the owner, manager, agent or master of such vessel, he shall fail to take reasonable care to prevent her from departing from her loading port or place when loaded more deeply than permitted by the laws and regulations of the country to which she belongs, he shall, in respect of each offense, be guiltyPenalty for. of a misdemeanor, unless her going to sea in such condition was, under the circumstances, reasonable and justifiable, and shall be punished by a fine not to exceed $500.
(d)If the master of any vessel or any other person shall knowinglyPunishment for permitting, etc., detained vessel to depart. permit or cause or attempt to cause any vessel to depart from any port or place in the United States or its possessions in violation of any order of detention made pursuant to section 7, he shall, in respect of each offense, be guilty of a misdemeanor and shall be punished by a fine not to exceed $500 or by imprisonment not to exceed three months, or both such fine and imprisonment, in the discretion of the court.
(e)If any person shall conceal, remove, alter, deface, or obliterateConcealing, obliterating, etc., marks on a vessel, a misdemeanor. or shall suffer any person under his control to conceal, remove, alter, deface, or obliterate any mark or marks placed on a vessel pursuant to this Act or to the regulations established thereunder, except in the event of lawful change of said marks, or to prevent capture by an enemy, he shall in respect of each offense be guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000,Punishment for. or by imprisonment not to exceed one year, or both such fine and imprisonment, in the discretion of the court.
(f)Whenever the owner, manager, agent, or master of a vesselLiability of vessel when owner, etc., subject to fine, etc. shall become subject to a fine or penalty by way of money payment pursuant to the provisions of this Act, the vessel shall also be liable therefor and may be seized and proceeded against in the district court of the United States in any district in which such vessel may be found. Sec. 9. This Act shall take effect eighteen months from and afterEffective in 18 months. the date of the approval thereof. Approved, March 2, 1929.
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Chapter 508
To establish load lines for American vessels, and for other purposes
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