Page:United States Statutes at Large Volume 120.djvu/1547

 120 STAT. 1516

PUBLIC LAW 109–304—OCT. 6, 2006

‘‘(c) CESSATION OF OTHER ACTIONS.—When an action has been brought under this section and the owner has complied with subsection (b), all claims and proceedings against the owner related to the matter in question shall cease. ‘‘§ 30512. Liability as master, officer, or seaman not affected ‘‘This chapter does not affect the liability of an individual as a master, officer, or seaman, even though the individual is also an owner of the vessel. ‘‘CHAPTER 307—LIABILITY OF WATER CARRIERS ‘‘Sec. ‘‘30701. ‘‘30702. ‘‘30703. ‘‘30704. ‘‘30705. ‘‘30706. ‘‘30707.

Definition. Application. Bills of lading. Loading, stowage, custody, care, and delivery. Seaworthiness. Defenses. Criminal penalty.

‘‘§ 30701. Definition ‘‘In this chapter, the term ‘carrier’ means the owner, manager, charterer, agent, or master of a vessel. ‘‘§ 30702. Application ‘‘(a) IN GENERAL.—Except as otherwise provided, this chapter applies to a carrier engaged in the carriage of goods to or from any port in the United States. ‘‘(b) LIVE ANIMALS.—Sections 30703 and 30704 of this title do not apply to the carriage of live animals. ‘‘§ 30703. Bills of lading ‘‘(a) ISSUANCE.—On demand of a shipper, the carrier shall issue a bill of lading or shipping document. ‘‘(b) CONTENTS.—The bill of lading or shipping document shall include a statement of— ‘‘(1) the marks necessary to identify the goods; ‘‘(2) the number of packages, or the quantity or weight, and whether it is carrier’s or shipper’s weight; and ‘‘(3) the apparent condition of the goods. ‘‘(c) PRIMA FACIE EVIDENCE OF RECEIPT.—A bill of lading or shipping document issued under this section is prima facie evidence of receipt of the goods described. ‘‘§ 30704. Loading, stowage, custody, care, and delivery ‘‘A carrier may not insert in a bill of lading or shipping document a provision avoiding its liability for loss or damage arising from negligence or fault in loading, stowage, custody, care, or proper delivery. Any such provision is void. ‘‘§ 30705. Seaworthiness ‘‘(a) PROHIBITION.—A carrier may not insert in a bill of lading or shipping document a provision lessening or avoiding its obligation to exercise due diligence to— ‘‘(1) make the vessel seaworthy; and ‘‘(2) properly man, equip, and supply the vessel. ‘‘(b) VOIDNESS.—A provision described in subsection (a) is void.

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