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68

he subcommittee was called to order, pursuant to in room 5110, New Senate Office Building, Hon iding.

enator BARTLETT. The committee will be in order. We have before the subcommittee today two bills wh are told, would bring U.S. statutes governing liabil alties into line with the corresponding statutes o ritime nations. Because the intent and the provis are so closely interrelated it would seem that t dle them expeditiously would be to permit witne m as if they were sections of one bill, and this w

ure.

5. 2313, to unify apportionment of liability in ca ween vessels, and related casualties, would impleme lision Convention of 1910.

S. 2314, to limit the liability of shipowners, and for uld implement the Brussels Convention of 1957 o bility.

The bills follow :)

[S. 2313, 87th Cong., 1st sess.] BILL To unify apportionment of liability in cases of collision be related casualties

Be it enacted by the Senate and House of Representativ ates of America in Congress assembled, That where a collisio ssels the compensation due for damages caused shall be sett th the following provisions, in whatever waters the collision SEC. 2. If the collision occurs without fault, if it is caused if the causes of the collision cannot be determined, the rne by those who have suffered them. There shall be no st ons of fault in regard to liability for collision. This section s twithstanding the fact that the vessels, or any one of them, r otherwise made fast) at the time of the casualty.

SEC. 3. If the collision is caused by the fault of only one of the make good the damages shall attach to the one which has con SEC. 4. (a) If two or more vessels are in fault the liability of in proportion to the degree their faults respectively conti ot possible to establish the degree of the respective faults, or e faults are equal, the liability shall be apportioned equally.

Professional staff member assigned to this hearing: August J. Bou

Act shall not affect in any way the scope and ctual provisions which limit or otherwise affect essel toward persons or property. The last senSeptember 4, 1890, 26 Stat. 425 (33 U.S.C. 367),

ery of damages shall be barred after an interval casualty.

is brought may extend such interval if it shall eriod there had not been any reasonable oppornvolved within the jurisdiction of the court or the country in which the libelant resides or has

tion to enforce the right of recourse allowed by be instituted shall be one year. This limitation ayment.

o the liability to make good the damages caused f a vessel even if no collision has actually taken

to the liability to make good the damages in all d maritime jurisdiction of the United States has such damages are done or consummated on y to make good the damages in proportion to the - committed shall apply in the same manner bethe owners or operators of any land structure, rule is applied between vessels.

o actions brought against the owners or operators ucture, facility, or other property in personam

d as the "Collision Liability Apportionment Act, causes of action arising after the date of its

4, 87th Cong., 1st sess.]

ility of shipowners, and for other purposes

House of Representatives of the United States ed, That this Act may be cited as "Shipowners' 1".

is Act

laims resulting from loss of life and personal

1 claims other than personal claims.

tonnage plus the amount deducted from gross computing net tonnage, or (2) 300 tons, which

g vessels and all vessels used on lakes or rivers ng pleasure yachts, tugs, towboats, towing ves, or their tenders, canal boats, scows, car floats, rint self-propelled and non-self-propelled vessels

C. If the own

of the sam
cher and as t
lance in clai
D. The act o

f liability.
E. Subsectio
for contributi
the crew, b
de owner wh
their heirs, pe
the contract
entitled to lin
permitted to
Section 3 of t

SEC. 3. THE

zay limit hi
pecified in se
1. If th
amount
2. If t
amount
3. If t
claims,
ship's to
ton of t

of perso
per ton
erty cla
in full,
erty cla
4. The fr

consisting o
hundred.

Currency of

3. Any obligation or liability imposed by law, relating wrecks and arising from, or in connection with, the rais struction of any ship which is sunk, stranded, or aband ything which may be on board such ship) and any obliga ising out of damage caused to harbor works, basins, aterways.

An owner shall be entitled to limit his liability in the tion A of this section even in cases where his liability arise gligence on the part of the owner or of persons for whos sible, by reason of his ownership, possession, custody, o

If the owner of a ship is entitled to make a claim against a the same occurrence, their respective claims shall be set and as to that claimant the provisions of this Act shall of ce in claimant's favor, if any.

The act of invoking limitation of liability shall not constitu ability.

Subsection A of this section does not apply to (1) claims ontribution in general average or (2) claims by the mast e crew, by any servants of the owner on board the ship or owner whose duties are connected with the ship, includin heirs, personal representatives, or dependents, if under th contract of service between the owner and such servants t led to limit his liability in respect of such claims or if he is b itted to limit his liability to an amount greater than that on 3 of this Act.

c. 3. THE EXTENT TO WHICH LIABILITY MAY BE LIMITED.limit his liability, and the liability of his ship, with re ified in section 2 of this Act to the following amounts:

1. If the occurrence has given rise to property claims onl amount equivalent to 1,000 francs for each ton of the ship's 2. If the occurrence has given rise to personal claims on amount equivalent to 3,100 francs per ton of the ship's ton 3. If the occurrence has given rise to both personal clain claims, an aggregate amount equivalent to 3,100 francs for ship's tonnage, of which a first portion equivalent to 2,100 ton of the ship's tonnage shall be exclusively appropriated of personal claims and of which a second portion equivalen per ton of the ship's tonnage shall be appropriated to the p erty claims, but if the first portion is insufficient to pay the in full, the unpaid balance of such claims shall rank ratably erty claims for payment against the second portion of the . The franc mentioned in this section shall be deemed to sisting of sixty-five and a half milligrams of gold of millesin adred. The amounts mentioned in this section shall be con rency of the United States of America on the basis of the va cy by reference to the unit defined above at the date on whic nd is constituted.

ENUE; RELIEF AND PROCEDURE; CONCOURSE OF district courts of the United States in admiralty risdiction of all proceedings for limitation of liawner, or other person included in section 7 of this

any action or proceeding in any court, or before other tribunal whatsoever, his right to limit his the ship to the extent herein provided, with reuch action or proceeding.

• Lius Act. I
as the ca
daimant whose
En under the
C. If, before
tempelled a
rising out of
has been const
all be prov
free his cla

on of liability under this Act shall be commenced, six months after (1) the occurrence as to which ‣ shipowner or other persons seeking relief under a written notice of a claim and demand subject › amount and nature of the demand, by filing a Act. The petition shall state if and when such a ed by the petitioner. The petitioner shall present rder, on an application for such order, providing sum equal to the full limit of his liability as proor for the filing of approved security therefor. A ommenced within said period even if the sum or to be inadequate or insuffiicent or if the deposit nd such period.

Il constitute the limitation fund.

ition showing that the aggregate amount of the sing from an occurrence in respect of which limitay exceed the limit of liability provided in section 3 o court or the filing of security as provided in subther actions and proceedings upon such claims and tion of any action or proceeding thereon in any subject to the jurisdiction of the United States of h claims shall be prosecuted and determined exceeding and be brought into concourse for determind the court shall issue appropriate injunctions

D. After pa

nded to the
SEC. 6. RELE
is lability un
Litation of
with rest

ther prop

Paroil arres
der the rele
Mished th
sum equal
Tention or un
available for
B. Where,
her security
rise to the cla
cident did

harge if the

stall order th
Aren, subject
C. The pro
ecurity alrea
det, provided

limitation fund has been constituted shall, upon n, order the release of any ship or other property rwise seized, by reason of any claim for which , or order the cancellation of many security given or attachment, or other seizure. Such order shall any other court or tribunal, subject to the jurisof America or any State, territory, or possession atisfaction of the court after a preliminary and ce served not later than twenty days after the for the filing of claims or within such further ow for such service, that the petitioner is not is Act, or that it is manifest and patent that at the e claims or potential claims against the petitioner his limit of liability, or, at any time, where the ly with an order for the deposit of a sum or the v summarily dismiss the petition, vacate or modify

NEC. 7. LI

At the liabil
B. Subject

apply to the
and to the m

terer, manage
respective in
ime way as
ability of t
determined in

C. When
Crew, such
ise to the c

Fuch person

same time t

Provisions o