U.S. Code
»
Title 46
» Subtitle Subtitle III— Maritime Liability › Chapter CHAPTER 305— EXONERATION AND LIMITATION OF LIABILITY › Subchapter SUBCHAPTER I— GENERAL PROVISIONS
46 U.S.C. § 30501
Definitions
In this chapter:(1)Covered small passenger vessel.—The term “covered small passenger vessel”—(A) means a small passenger vessel, as defined in section 2101, that is—(i) not a wing-in-ground craft; and(ii) carrying—(I) not more than 49 passengers on an overnight domestic voyage; and(II) not more than 150 passengers on any voyage that is not an overnight domestic voyage; and(B) includes any wooden vessel constructed prior to March 11, 1996, carrying at least 1 passenger for hire.(2)Owner.—The term “owner” includes a charterer that mans, supplies, and navigates a vessel at the charterer’s own expense or by the charterer’s own procurement.(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1512; Pub. L. 117–263, div. K, title CXV, § 11503(b), Dec. 23, 2022, 136 Stat. 4130.)Historical and Revision Notes |
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30501 | 46 App.:186. | R.S. § 4286. |
The words “In this chapter” are substituted for “within the meaning of the provisions of title 48 of the Revised Statutes relating to the limitation of the liability of the owners of vessels” because of the codification of title 46, United States Code. The word “supplies” is substituted for “victual” for clarity. The words “and such vessel, when so chartered, shall be liable in the same manner as if navigated by the owner thereof” are omitted as unnecessary.
Editorial NotesAmendments2022—Pub. L. 117–263 amended section generally. Prior to amendment, text read as follows: “In this chapter, the term ‘owner’ includes a charterer that mans, supplies, and navigates a vessel at the charterer’s own expense or by the charterer’s own procurement.”
Notes of Decisions
Cited in
354
cases (
220 in the last 5 years), 2007–2026 · leading case:
Bensch v. Est. of Umar, 2 F.4th 70 (2d Cir. 2021).
Bensch v. Est. of Umar, 2 F.4th 70 (2d Cir. 2021).
“Legal Background: Exoneration and Limitation of Liability The Limitation of Liability Act, 46 U.S.C. § 30501 et seq., limits the liability of a vessel owner to the value of the vessel (and any freight it is carrying, a factor 3 not relevant here) for any damage caused by a…”
In re Bridge Constr. Servs. of Florida, Inc., 39 F. Supp. 3d 373 (S.D.N.Y. 2014).
· cites it 4× “Each of the petitioners subsequently filed a separate petition in this Court seeking exoneration or limitation of liability in connection with the incident under the Limitation of Liability Act, 46 U.S.C. § 30501 et seq. Claimants Jose Ayala and Teresa Ayala filed claims against…”
Compania Naviera Joanna SA v. Koninklijke Boskalis Westminster, 569 F.3d 189 (4th Cir. 2009).
· cites it 2× “The Limitation of Liability Act, 46 U.S.C. § 30501 et seq., has its origins in the maritime law of modern Europe and was adopted by Congress in 1851, having been patterned on its European counterparts.”
S. Recycling, L.L.C., 982 F.3d 374 (5th Cir. 2020).
“Constitution, whereas Southern Recycling’s claim depends on the Limitation of Liability Act, 46 U.S.C. § 30501 , et seq. This implies that “vessel” is best understood as an antecedent jurisdictional question.”
Orion Marine Constr., Inc. v. Mark Dawson, 918 F.3d 1323 (11th Cir. 2019).
“NEWSOM, Circuit Judge: *1325 This admiralty appeal requires us to navigate uncharted waters in order to determine what constitutes sufficient notice of a claim under the Shipowner's Limitation of Liability Act, 46 U.S.C. §§ 30501 , et seq. The Act establishes a procedure by…”
Manhattan by Sail, Inc. v. Tagle, 873 F.3d 177 (2d Cir. 2017).
· cites it 2× “The owners of the Shearwater then filed this petition in admiralty seeking exoneration from liability, pursuant to the Limitation of Liability Act, 46 U.S.C. § 30501 , et seq. Tagle’s state court lawsuit was stayed pending resolution of the district court’s action.”
Definitive Marine Surveys Inc. v. Tran, 339 F. Supp. 3d 1292 (M.D. Fla. 2018).
· cites it 3× “The Magistrate Judge determined that the timeliness of an action under the Limitation Act, 46 U.S.C. § 30501 -12, is a nonjurisdictional issue.”
United States v. Citgo Asphalt Refining Co., 718 F.3d 184 (3rd Cir. 2013).
“The District Court Proceedings In January 2005, Frescati filed in the District Court a Complaint for Exoneration From or Limitation of Liability pursuant to the Shipowner’s Limitation of Liability Act, 46 U.S.C. § 30501 et seq. (formerly 46 App.”
In Re Aramark Sports & Ent. Servs., LLC, 831 F.3d 1264 (10th Cir. 2016).
“The current version of the Limitation of Liability Act was codified in 2006 at 46 U.S.C. § 30501 et seq. 2 Its key provision limits .”
MLC Fishing, Inc. v. Velez, 667 F.3d 140 (2d Cir. 2011).
“(“MLC”) appeals from the district court’s judgment dismissing for want of subject matter jurisdiction MLC’s complaint seeking exoneration from or limitation of liability pursuant to the Exoneration and Limitation of Liability Act (the “Limitation Act”), 46 U.S.C. § 30501 et seq.…”
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