LIABILITY IN COLLISIONS 82677 HEARINGS BEFORE THE MERCHANT MARINE AND FISHERIES SUBCOMMITTEE OF THE COMMITTEE ON COMMERCE EIGHTY-SEVENTH CONGRESS SECOND SESSION ON S. 2313 TO UNIFY APPORTIONMENT OF LIABILITY IN CASES RELATED CASUALTIES AND S. 2314 TO LIMIT THE LIABILITY OF SHIPOWNERS, AND FOR CONTENTS Boal, Arthur M., representing the Maritime Law Association of the United States, Boal, McQuade and Fitzpatrick, 116 John Street, Burke, Terence G., insurance manager, Moore McCormack Lines, 238 Colby, Leavenworth, Chief, Admiralty and Shipping Section, Depart- ment of Justice, Washington, D.C.. Deutsch, Eberhard P., representing Admiralty and Maritime Law, 24 Elder, Scott H., representing Lake Carriers Association, Johnson, Branand & Jaeger, Cleveland, Ohio--- Freedman, Abraham E., representing AFL-CIO Maritime Committee, Freedman, Landy & Lorry, 1415 Walnut Street, Philadelphia, Pa.. Green, Raymond T., Fowler, White, Gillen, Humkey & Trenam, Industrial National Bank Building, Miami, Fla. -- Haight, Charles S., Haight, Gardner, Poor & Havens, 80 Broadway, Matteson, Leonard J., Bigham, Englar, Jones & Huston, 99 John Rault, Joseph M., representing Lykes Bros. Steamship Co., Inc., Tiege, Peter N., representing the Pacific American Steamship Associa- 49, 83 150 90 149 23 Freedman, Abraham E., representing AFL-CIO Maritime Com- mittee, Freedman, Landy & Lorry, 1415 Walnut Street, Philadel- III Miscellaneous: Comparative analysis S. 2313 and substitute proposals. February 26, A report of the Department of State for the Press, No. 577, October Report of the committee of the Maritime Law Association of the United States to consider proposals relating to the limitation of liability of shipowners. Document No. 418, July 1958--- Report of the committee of the Maritime Law Association of the United States to consider shipowners' limitation of liability and the collision and arrest of ships conventions. Document No. 450, Text of Brussels 1910 Collision Convention, September 23, 1910.. Page 251 68 72 68 The subcommittee was called to order, pursuant to notice, at 10:55 a.m., in room 5110, New Senate Office Building, Hon. E. L. Bartlett presiding. Senator BARTLETT. The committee will be in order. We have before the subcommittee today two bills whose enactment, we are told, would bring U.S. statutes governing liability in maritime casualties into line with the corresponding statutes of other leading maritime nations. Because the intent and the provisions of the two bills are so closely interrelated it would seem that the best way to handle them expeditiously would be to permit witnesses to discuss them as if they were sections of one bill, and this will be the procedure. S. 2313, to unify apportionment of liability in cases of collision between vessels, and related casualties, would implement the Brussels Collision Convention of 1910. S. 2314, to limit the liability of shipowners, and for other purposes, would implement the Brussels Convention of 1957 on limitation of liability. (The bills follow :) [S. 2313, 87th Cong., 1st sess.] A BILL To unify apportionment of liability in cases of collision between vessels, and related casualties Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That where a collision occurs between vessels the compensation due for damages caused shall be settled in accordance with the following provisions, in whatever waters the collision takes place. SEC. 2. If the collision occurs without fault, if it is caused by force majeure, or if the causes of the collision cannot be determined, the damages shall be borne by those who have suffered them. There shall be no statutory presumptions of fault in regard to liability for collision. This section shall be applicable notwithstanding the fact that the vessels, or any one of them, may be at anchor (or otherwise made fast) at the time of the casualty. SEC. 3. If the collision is caused by the fault of only one of the vessels, liability to make good the damages shall attach to the one which has committed the fault. SEC. 4. (a) If two or more vessels are in fault the liability of each vessel shall be in proportion to the degree their faults respectively contributed. If it is not possible to establish the degree of the respective faults, or if it appears that the faults are equal, the liability shall be apportioned equally. Professional staff member assigned to this hearing: August J. Bourbon. 1 |
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