§ 14301. Application
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/usc/title-46/section-14301A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Except as otherwise provided in this section, this chapter applies to any vessel for which the application of an international agreement or other law of the United States to the vessel depends on the vessel’s tonnage.
(b)This chapter does not apply to the following:
(1)a vessel of war, unless the government of the country to which the vessel belongs elects to measure the vessel under this chapter.
(2)a vessel of less than 24 meters (79 feet) overall in length.
(3)a vessel of United States or Canadian registry or nationality, or a vessel operated under the authority of the United States or Canada, and that is operating only on the Great Lakes, unless the owner requests.
(4)a vessel of United States registry or nationality, or one operated under the authority of the United States (except a vessel that engages on a foreign voyage) the keel of which was laid or that was at a similar stage of construction before January 1, 1986, unless—
(A)the owner requests; or
(B)the vessel undergoes a change that the Secretary finds substantially affects the vessel’s gross tonnage.
(5)a barge of United States registry or nationality, or a barge operated under the authority of the United States (except a barge that engages on a foreign voyage) unless the owner requests.
(c)An existing vessel that has not undergone a change that the Secretary finds substantially affects the vessel’s gross tonnage (or a vessel to which IMO Resolutions A.494
(XII)of November 19, 1981, A.540
(XIII)of November 17, 1983, or A.541
(XIII)of November 17, 1983, apply) may retain its tonnages existing on July 18, 1994, for the application of relevant requirements under international agreements (except the Convention) and other laws of the United States. However, if the vessel undergoes a change substantially affecting its tonnage after July 18, 1994, the vessel shall be remeasured under this chapter.
(d)This chapter does not affect an international agreement to which the United States Government is a party that is not in conflict with the Convention or the application of IMO Resolutions A.494
(XII)of November 19, 1981, A.540
(XIII)of November 17, 1983, and A.541
(XIII)of November 17, 1983.
(Pub. L. 99–509, title V, § 5101(3), Oct. 21, 1986, 100 Stat. 1920; Pub. L. 101–595, title III, § 305, Nov. 16, 1990, 104 Stat. 2985; Pub. L. 111–281, title III, § 303(c), Oct. 15, 2010, 124 Stat. 2924.)
Historical and Revision Notes
Revised section 14301
Source: International Convention on Tonnage Measurement of Ships.
Section 14301 delineates which vessels must be measured in compliance with the standards of the Convention.
Section 14301(a) provides that a vessel must be measured under the standards of the Convention if it is documented or required by law to be documented under chapter 121 of this subtitle or if it is engaged on a foreign voyage, unless the vessel is specifically exempted under section 14301(b).
Section 14301(b) provides the following exemptions from the requirement in section 14301(a) to be measured under the Convention:
1. A vessel of war;
2. A vessel of less than 24 meters (79 feet) overall in length (“overall in length” is defined in section 2101);
3. A vessel that operates only on the Great Lakes (although the owner may request that it be measured under the Convention);
4. A vessel whose keel was laid or was at a similar stage of construction before January 1, 1986, and is on a domestic voyage, unless the vessel undergoes a change that significantly changes its tonnage or the owner requests that the vessel be measured under the Convention; and
5. A vessel whose keel was laid or was at a similar stage of construction before July 18, 1982, unless the vessel undergoes a change that significantly changes the vessel’s tonnage or the owner requests that the vessel be measured under the Convention.
Together, subsections (b)(4) and
(5)provide that, unless the owner requests measurement under the Convention, unaltered vessels built before 1986 engaging only on domestic voyages do not have to be measured under the Convention or use Convention measurement for the application of any domestic laws. Further, these subsections provide that unaltered vessels that are built before July 18, 1982, engaging on foreign voyages do not have to be measured under the Convention until 1994 and are not required to use Convention measurement as a basis for the application of any domestic laws.
Section 14301(c) provides that if a vessel owner requests that the vessel be measured under the Convention, the vessel may only be remeasured under the Convention.
Section 14301(d) provides that after July 18, 1994, a vessel whose keel was laid or was at a similar stage of construction before July 18, 1982 may retain its regulatory tonnage for the application of requirements under U.S. laws or international agreements, except the International Convention on Tonnage Measurement of Ships. However, if the vessel was not required to be measured under the Convention, but the vessel’s owner requested that the vessel be measured under the Convention system before July 19, 1994, or if the vessel undergoes a change affecting its tonnage, the vessel may not use its regulatory tonnage for the application of U.S. laws or international agreements after July 19, 1994.
Section 14301(e) provides that this chapter does not affect any international agreement to which the United States is a party that is not in conflict with the International Convention on Tonnage Measurement of Ships, 1969. It further provides that this chapter does not affect the application of the three interim schemes of the International Maritime Organization, which are discussed under section 14305 below.
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Cited by 7 sections · top 4
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19 references not yet in our index
- Pub. L. 99–509, title V, § 5101(3)
- 100 Stat. 1920
- Pub. L. 101–595, title III, § 305
- 104 Stat. 2985
- Pub. L. 111–281, title III, § 303(c)
- 124 Stat. 2924
- Pub. L. 111–281, § 303(c)(1)
- Pub. L. 111–281, § 303(c)(2)(A)
- Pub. L. 111–281, § 303(c)(2)(B)
- Pub. L. 111–281, § 303(c)(2)(C)
- Pub. L. 111–281, § 303(c)(2)(F)
- Pub. L. 111–281, § 303(c)(2)(D)
- Pub. L. 111–281, § 303(c)(2)(E)
- Pub. L. 111–281, § 303(c)(5)
- Pub. L. 111–281, § 303(c)(3)
- Pub. L. 111–281, § 303(c)(4)
- Pub. L. 101–595
- Pub. L. 99–509, title V, § 5103(g)
- 100 Stat. 1927
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cites case law
§ 14301
Application
Fed. Reg.×5
Stat.×2
Pub. L.Pub. L. 99–509, title V, § 5101(3)
Stat.100 Stat. 1920
Pub. L.Pub. L. 101–595, title III, § 305
Stat.104 Stat. 2985
Pub. L.Pub. L. 111–281, title III, § 303(c)
Cites 19 · showing 5Cited by 7 across 2 sources