S 2805 — Small Passenger Vessel Liability Fairness Act of 2021

Summary

Small Passenger Vessel Liability Fairness Act of 2021 This bill revises maritime law regarding the liability of owners of certain small passenger vessels for violations of safety rules resulting in accidents on such vessels. Under current law, owners may avoid liability in some cases depending on the value of their vessels after accidents. The bill requires the Coast Guard to promulgate rules that require owners or operators of small passenger vessels to provide just compensation in any claim for which they are found liable. The bill makes the revised liability provisions retroactive to September 2, 2019, the date of what is known as the Conception boat fire in which 34 lives were lost.

Bill Text

• Introduced Introduced in Senate Current html September 22, 2021

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill restructures and updates the provisions related to small passenger vessels, establishing new definitions and applying limitations of liability specifically for these vessels.

• 46 U.S.C. § 30501

  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. → 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; and

  The definition of 'owner' remains unchanged but is now part of a new definition structure.

• 46 U.S.C. § 30501

  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; → means a small passenger vessel, as defined in section 2101 of this title, that-- (i) is less than 100 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title; and (ii) is carrying-- (I) for overnight domestic voyages, not more than 49 passengers; and (II) for all other voyages, not more than 150 passengers;

  The definition of 'covered small passenger vessel' is redefined to include tonnage requirements.

• 46 U.S.C. § 30501

  includes any wooden vessel constructed prior to March 11, 1996, carrying at least 1 passenger for hire. → includes any wooden vessel constructed prior to March 11, 1996, that carries passengers on overnight domestic voyages.

  The inclusion of wooden vessels is clarified to specify that it refers only to those carrying passengers on overnight voyages.

• 46 U.S.C. § 30502

  This chapter (except section 30521) applies to seagoing vessels and vessels used on lakes or rivers or in inland navigation, including canal boats, barges, and lighters. → Except as otherwise provided and subject to subsection (b)-- (1) subchapter II (except section 30521) of this title shall apply to seagoing vessels and vessels used on lakes or rivers or in inland navigation, including canal boats, barges, and lighters that are not covered small passenger vessels; and (2) subchapter III of this title shall apply to seagoing vessels, and vessels used on lakes or rivers or in inland navigation, including canal boats, barges, and lighters, that are covered small passenger vessels.

  The applicability section is restructured to segregate regulations for covered small passenger vessels and other vessels.

• 46 U.S.C. § 30502

  This chapter (except for section 30526) shall not apply to covered small passenger vessels. → Section 30521 of this title shall not apply to vessels described in subsection (a) of this section.

  This amendment specifies which sections of the chapter do not apply to covered small passenger vessels.

• 46 U.S.C. § 30502

  Subchapter III--Exoneration and Limitation of Liability for Covered Small Passenger Vessels

  A new subchapter is added to specifically address liability for covered small passenger vessels.

Action History

1. September 22, 2021

   Introduced in Senate

2. September 22, 2021

   Read twice and referred to the Committee on Commerce, Science, and Transportation. (Sponsor introductory remarks on measure: CR S6626)

Sponsors

• Dianne Feinstein · Primary

Subjects