Lapas attēli
PDF
ePub

Licenses of radiotelegraph operators as officers; granting of li

censes; necessity of carrying licensed officer; penalty 46 U.S.C. 229b

The boards of local inspectors authorized under section 4414 of the Revised Statutes shall license radiotelegraph operators, and it shall be unlawful to employ any person or for any person to serve as a radiotelegraph operator of any steamer or of any other vessel of over 100 gross tons carrying passengers for hire who is not licensed by the inspectors; and anyone violating this section shall be liable to a penalty of $100 for each offense. Licenses of radiotelegraph operators as officers; requirements

for obtaining license; period of validity; suspension 46 U.S.C. 229c

Whenever any person applies for authority to perform the duties of radiotelegraph operator of any vessel, the inspectors shall require possession of a valid first- or second-class radiotelegraph operator license issued by the Federal Communications Commission; and if, upon full consideration, they are satisfied that his character, habits of life, and physical condition are such as to authorize the belief that he is a suitable and safe person to be entrusted with the powers and duties of such a station, they shall grant him a license, authorizing him to be employed in such duties for the term of 5 years, provided he continues to hold a valid first- or second-class radiotelegraph operator license issued by the Federal Communications Commission.

All licenses issued under this section shall be subject to suspension or revocation on the same grounds and in the same manner and with like procedure as is provided in the case of suspension or revocation of license of officers under the provisions of section 239 of this title. Licenses of radiotelegraph operators as officers; working hours

unaffected 46 U.S.C. 229d

Nothing in sections 229a-229h of this title shall be presumed to repeal the provisions of section 673 of this title, limiting the work of radiotelegraph operators to eight hours in one day. Licenses of radiotelegraph operators as officers; oath; affirma

tion of application; perjury; penalty 46 U.S.C. 229e

Every radiotelegraph operator who receives a license shall, before entering upon his duties, make oath before one of the inspectors herein provided for, to be recorded with the certificate, that he will faithfully and honestly, according to his best skill and judgment, without concealment or reservation, perform all the duties required of him by law.

Every applicant for license as radiotelegraph operator under the provisions of sections 229a-229h and 673 of this title shall make and subscribe to an oath or affirmation, before one of the inspectors referred to in this act, to the truth of all the statements set forth in his application for such license.

Any person who shall make or subscribe to any oath or affirmation authorized in this act and knowing the same to be false shall be deemed guilty of perjury.

Every radiotelegraph operator, who shall change, by addition, interpolation, or erasure of any kind, any certificate or license issued by an inspector or inspectors referred to in this act shall, for every such offense, upon conviction, be punished by a fine of not more than $500 or by imprisonment at hard labor for a term not exceeding three years. Licenses of radiotelegraph operators as officers; exhibition of

license 46 U.S.C. 229f

Every radiotelegraph operator who shall receive a license shall, when employed upon any vessel, within forty-eight hours after going on duty, place his certificate of license, which shall be framed under glass, in some conspicuous place in such vessel, where it can be seen by passengers and others at all times: Provided, That in case of emergency such radiotelegraph operator may be transferred to another vessel of the same owners for a period not exceeding forty-eight hours without the transfer of his license; and for every neglect to comply with this provision by any such radiotelegraph operator, he shall be subject to a fine of $100 or to the revocation of his license. Licenses of radiotelegraph operators as officers; Great Lakes

operators unaffected 46 U.S.C. 229g

Nothing in sections 229a-229h of this title shall affect the status of radiotelegraph operators while serving aboard vessels operating solely on the Great Lakes. Licenses of radiotelegraph operators as officers; number of oper

ators to be carried unaffected 46 U.S.C. 229h

Nothing in sections 229a-229h of this title shall increase the number of radiotelegraph operators at present required by law to be carried on vessels, or the type of vessels on which radiotelegraph operators are required to be carried, or to alter, repeal, modify, or affect any other statute of the United States, it being the only intent of this act to give to radiotelegraph operators the status of licensed officers as herein provided without affecting in any way any statute of the United States except as specifically hereinbefore authorized.

[blocks in formation]

Chapter V.-MERCHANT SEAMEN

Definitions, schedule, and tables 46 U.S.C. 713 (R.S. 4612)

In the construction of title 53 of the Revised Statutes, every person having the command of any vessel belonging to any citizen of the United States shall be deemed to be the “master” thereof; and every person (apprentices excepted) who shall be employed or engaged to serve in any capacity on board the same shall be deemed and taken to be a “seaman”; and the term “vessel” shall be understood to comprehend every description of vessel navigating on any sea or channel, lake or river, to which the provisions of this Title may be applicable, and the term "owner" shall be taken and understood to comprehend all the several persons, if more than one, to whom the vessel shall belong. Continuous discharge books and certificates of identification 46 U.S.C. 643 (R.S. 4551)

(a) Every seaman upon a merchant vessel of the United States of the burden of one hundred gross tons or upward, except vessels employed exclusively in trade on the navigable rivers of the United States, shall be furnished, at the option of the seaman, with a book to be known as a continuous discharge book or with a certificate of identification, which book or certificate shall be retained by the seaman and shall contain the signature of the seaman to whom it is so furnished and a statement of his nationality, age, personal description, photograph, thumbprint, and home address. Such books or certificates shall be issued by the Coast Guard officials to whom the duties of shipping commissioners have been delegated, or, at ports where no such Coast Guard officials have been appointed, by collectors or deputy collectors of customs, in such manner and form as the Commandant of the Coast Guard shall determine. Any individual, firm, partnership, corporation, or association which shall issue

any such book or certificate, or make any statement or endorsement therein, except as authorized by the provisions of this section, or issue any imitation of any such book or certificate, shall be deemed guilty of a misdemeanor and shall be imprisoned not less than one month nor more than three months, in the discretion of the court.

(b) Any person applying for such book or certificate and claiming to be a citizen of the United States shall furnish satisfactory evidence of such citizenship.

(C) No seaman shall be employed on any vessel to which this section applies until he has exhibited a certificate of identification or a continuous discharge book to the Coast Guard officials to whom the duties of shipping commissioner have been delegated, or in cases

121

[ocr errors]

where seamen are not signed on before such Coast Guard official, to the master of the vessel: Provided, That the provisions of this subsection shall not apply to the employment of seamen at a foreign port or place, in which case seamen so employed shall be furnished à continuous discharge book or a certificate of identification, in accordance with the provisions of subsection (a) of this section, at the first port of entry in the United States or its territories at which the vessel arrives after such seamen are so employed.

(d) Upon the discharge of any seaman and the payment of his wages, the Coast Guard official to whom the duties of shipping commissioner have been delegated shall enter in the continuous discharge book of such seaman, if the seaman carries such a book, the name and official number of the vessel, the nature of the voyage (foreign, intercoastal, or coast wise), the class to which the vessel belongs (steam, motor, sail, or barge), the date and place of the shipment and of the discharge of such seaman, the rating (capacity in which employed) then held by such seaman, and the signature of the person making such entries and nothing more.

(e) For the purpose of furnishing evidence of sea service in the case of seamen preferring the certificate of identification instead of the continuous discharge book, the Coast Guard shall provide a certificate of discharge, printed on durable paper, in such form as to specify the name and citizenship of the seaman to whom it is issued, the serial number of his certificate of identification, the name and official number of the vessel, the nature of the voyage (foreign, intercoastal or coastwise), the class to which the vessel belongs (steam, motor, sail, or barge), the date and place of the shipment and of the discharge of such seaman, and the rating (capacity in which employed) then held by such seaman. Records of service entered in either continuous discharge books or certificates of discharge shall contain no reference to the character or ability of the seaman. The Coast Guard official to whom the duties of shipping commissioner have been delegated shall issue such certificate of discharge and make the proper entries therein, which certificate shall be signed by the seaman to whom it is issued and master of the vessel and shall be witnessed by such Coast Guard official.

(f) There shall be maintained in the Coast Guard, District of Columbia, a record of every continuous discharge book, certificate of identification, certificate of discharge, and any other certificate issued by the Coast Guard, together with

the name and address of the seaman to whom it is issued and of his next of kin, and certified copies of all entries made in continuous discharge books or certificates of discharge, which entries shall be forwarded to the Coast Guard by the Coast Guard official to whom the duties of shipping commissioner have been delegated or other person making such entries in accordance with the provisions of this section. Records so maintained shall not be open for general or public use or inspection.

(g) Any person, partnership, company, or corporation who shall require any seaman employed or applying for employment to possess, produce, or carry a continuous discharge book, if and when such seaman possesses or carries an identification certificate, or to carry

[ocr errors]
« iepriekšējāTurpināt »