
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 46USC10902]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
              Part G--Merchant Seamen Protection and Relief
 
               CHAPTER 109--PROCEEDINGS ON UNSEAWORTHINESS
 
Sec. 10902. Complaints of unfitness

    (a)(1) If the chief and second mates or a majority of the crew of a 
vessel ready to begin a voyage discover, before the vessel leaves 
harbor, that the vessel is unfit as to crew, hull, equipment, tackle, 
machinery, apparel, furniture, provisions of food or water, or stores to 
proceed on the intended voyage and require the unfitness to be inquired 
into, the master immediately shall apply to the district court of the 
United States at the place at which the vessel is located, or, if no 
court is being held at the place at which the vessel is located, to a 
judge or justice of the peace, for the appointment of surveyors. At 
least 2 complaining seamen shall accompany the master to the judge or 
justice of the peace.
    (2) A master failing to comply with this subsection is liable to the 
United States Government for a civil penalty of $500.
    (b)(1) Any 3 seamen of a vessel may complain that the provisions of 
food or water for the crew are, at any time, of bad quality, unfit for 
use, or deficient in quantity. The complaint may be made to the 
Secretary, commanding officer of a United States naval vessel, consular 
officer, or chief official of the Customs Service.
    (2) The Secretary, officer, or official shall examine, or have 
examined, the provisions of food or water. If the provisions are found 
to be of bad quality, unfit for use, or deficient in quantity, the 
person making the findings shall certify to the master of the vessel 
which provisions are of bad quality, unfit for use, or deficient.
    (3) The Secretary, officer, or official to whom the complaint was 
made shall--
        (A) make an entry in the official logbook of the vessel on the 
    results of the examination; and
        (B) submit a report on the examination to the district court of 
    the United States at which the vessel is to arrive, with the report 
    being admissible into evidence in any legal proceeding.

    (4) The master is liable to the Government for a civil penalty of 
not more than $100 each time the master, on receiving the certification 
referred to in paragraph (2) of this subsection--
        (A) does not provide other proper provisions of food or water, 
    when available, in place of the provisions certified as of bad 
    quality or unfit for use;
        (B) does not obtain sufficient provisions when the certification 
    includes a finding of a deficiency in quantity; or
        (C) uses provisions certified to be of bad quality or unfit for 
    use.

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 575; Pub. L. 103-206, title IV, 
Sec. 422(b), Dec. 20, 1993, 107 Stat. 2439.)

                      Historical and Revision Notes
------------------------------------------------------------------------
          Revised section                Source section (U.S. Code)
------------------------------------------------------------------------
10902(a)..........................  46:653
10902(b)..........................  46:662
------------------------------------------------------------------------

    Section 10902 instructs the crew on making complaints of unfitness 
of vessel with regard to equipment and provisions, and instructs the 
master on responding to those complaints, and provides a penalty for 
violations.


                               Amendments

    1993--Subsec. (b)(1). Pub. L. 103-206, Sec. 422(b)(1), inserted 
``Secretary,'' after ``The complaint may be made to the'' and struck out 
``Coast Guard shipping commissioner,'' after ``consular officer,''.
    Subsec. (b)(2), (3). Pub. L. 103-206, Sec. 422(b)(2), substituted 
``The Secretary, officer,'' for ``The officer, commissioner,''.

                  Section Referred to in Other Sections

    This section is referred to in sections 10903, 10905 of this title.
