Marine Legislation
Laws That Protect Passengers And Seamen
Passenger Ship & Cargo Ship Legislation: USA
The United States Passenger Act Of 1882
This legislation was brought forth as a result of inhumane passenger conditions on ships primarily arriving from Europe and the Far East to the United States with immigrants on board.
This act was narrow-minded and short-sighted, limiting the provisions of the legislation to steerage passengers and not including cabin passengers. Had it included language for all passengers, and not just some, many of the problems passengers face within the cruise industry today would not be an issue.
This is the only comprehensive piece of legislation ever created by congress with wide-sweeping protection for passengers at sea, and the passengers weren't even Americans, yet.
Passengers who were considered "steerage passengers" or bulk passengers in the lower areas of the ship without private cabins had basically no rights and no human consideration for dignity.
Many steerage passengers became ill or died on the ships as a result of cold, wet, vermin and disease ridden conditions in the lower areas of the ships. Poor nutrition on board contributed to the failing health of many.
The U. S. congress addressed this national disgrace in 1882, by providing law to protect the poor immigrants who floated onto their shore with clear language regarding passenger right to privacy with crew forbidden to enter passenger areas except to provide services, air quality, ship maintenance, cleanliness, food quality and quantity, medical care, availability to decks for fresh air, space allowances per passenger, and maximum capacity standards based on weight of the ship.
Heavy fines were levied on captains who violated these laws. By 2006 standards, converted based on inflation, most of those fines would be $2000 to $10,000 in 2006, per passenger incident. The captains were also subject to jail time of up to six months for each violation as well.
This piece of legislation did more for steerage passengers then, than is done for cabin passengers as of 2007. There is no legislation at this time that address many of these issues with fines and jail time for captains or their employers. Consumer Rights have only taken steps backwards when it comes to maritime law.
This is a rather small read, but full of some interesting provisions, which are lacking today. We strongly advise you read through it.
The Merchant Marine Act Of 1920
This legislation was brought forth as a result poor working conditions for crew onboard passenger and cargo ships as well as rules governing the calling in ports of foreign based ships. Basically, this act made it illegal for any foreign ship to call in a U.S. port without first calling in a foreign port, with no two consecutive U.S. ports of call permitted. This law was suppose to keep foreign ships from picking up passengers and bouncing up the coast lines to port after port, with cheap crew and supplies on board, cutting U.S. ships out of the business.
There was language included regarding insurance on vessels, a knee-jerk reaction to the sinking of the Titanic.
The provision addressing crew conditions on board ships is the well-known Jones Act, which is a sub-section of the Merchant Marine Act Of 1920
This act stifled passenger ship growth in U.S. cities, with the exception of Hawaii. The only real value of the act was the section addressing crew conditions.
The United States Passenger Act Of 1936
This legislation was brought forth to address additional crew issues, create a government agency to monitor the maritime laws, address environmental issues, address who could build or own vessels that were for use within U.S. territorial waters.
Provision were written that required officers to be Americans and no less than eighty percent of non-officer crew to be Americans. Specific officer uniform details are also outlined.
It as a massive overall of the maritime industry, with no real protections for passengers.
