
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: 46USC10903]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
              Part G--Merchant Seamen Protection and Relief
 
               CHAPTER 109--PROCEEDINGS ON UNSEAWORTHINESS
 
Sec. 10903. Proceedings on examination of vessel

    (a) On application made under section 10902(a) of this title, the 
judge or justice of the peace shall appoint 3 experienced and skilled 
marine surveyors to examine the vessel for the defects or 
insufficiencies complained of. The surveyors have the authority to 
receive and consider evidence necessary to evaluate the complaint. When 
the complaint involves provisions of food or water, one of the surveyors 
shall be a medical officer of the Public Health Service, if available. 
The surveyors shall make a report in writing, signed by at least 2 of 
them, stating whether the vessel is fit to proceed to sea or, if not, in 
what respect it is unfit, making appropriate recommendations about 
additional seamen, provisions, or stores, or about physical repairs, 
alterations, or additions necessary to make the vessel fit.
    (b) On receiving the report, the judge or justice of the peace shall 
endorse on the report the judgment of the judge or justice on whether 
the vessel is fit to proceed on the voyage, and, if not, whether the 
vessel may proceed to another port at which the deficiencies can be 
corrected. The master and the crew shall comply with the judgment.
    (c) The master shall pay all costs of the survey, report, and 
judgment. However, if the complaint of the crew appears in the report 
and judgment to have been without foundation, or if the complaint 
involved provisions of food or water, without reasonable grounds, the 
master or owner may deduct the amount of the costs and reasonable 
damages for the detention of the vessel, as determined by the judge or 
justice of the peace, from the wages of the complaining seamen.
    (d) A master of a vessel violating this section who refuses to pay 
the costs and wages is liable to the United States Government for a 
civil penalty of $100 and is liable in damages to each person injured by 
the refusal.

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 575.)

                      Historical and Revision Notes
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          Revised section                Source section (U.S. Code)
------------------------------------------------------------------------
10903(a), (b).....................  46:654
10903(c)..........................  46:659
10903(d)..........................  46:660
------------------------------------------------------------------------

    Section 10903 provides for marine surveyors appointed by a judge or 
justice of the peace to inspect a vessel on which a complaint of 
unfitness was made, for a judge or justice of the peace to judge the 
fitness based on the findings, and for the payment of costs of the 
inspection by the master or the crew. It also includes a penalty for 
noncompliance.

                  Section Referred to in Other Sections

    This section is referred to in section 10904 of this title.
