CHAPTER 1. Vessels Generally [399. - 449.5.]

Chapter 1 enacted by Stats. 1937, Ch. 368.

§§ 399–449.5 · 46 sections

1. ARTICLE 1. General Provisions and Definitions §§ 399–406 · 8 sections

   • § 399 The provisions of this Division shall not be construed to apply to the extent to which they are not within the legislative power of this state, except in so…
   • § 400 “Appurtenances” include all things belonging to the owners, which are on board a vessel, and which are connected with its proper use and the objects of the…
   • § 401 Vessels are engaged in foreign or domestic navigation, or in the fisheries. Vessels are engaged in foreign navigation when passing to or from a foreign…
   • § 402 A vessel in a port of the country in which it is registered is called a domestic vessel, in another port it is called a foreign vessel.
   • § 403 If a vessel belongs to several persons, not partners, and they differ as to its use or repair, the controversy may be determined by any court of competent…
   • § 404 If the owner of a vessel commits its possession and navigation to another, that other, and not the owner, is responsible for its repairs and supplies.
   • § 405 The registry, enrollment, and license of vessels are regulated by acts of Congress.
   • § 406 Any and all rights and obligations created pursuant to the provisions of Chapter 2 (commencing with Section 450) of this division are subordinate to any…
2. ARTICLE 1.5. Vessel Repair §§ 410–418 · 9 sections

   • § 410 As used in this article, the following definitions apply: (a) “Customer” means any person who requests a repairperson to do work on a vessel which is in the…
   • § 411 This article applies only to work done on a vessel with an estimated cost of one hundred dollars ($100) or more.
   • § 412 Notwithstanding Section 502, a repairperson has no lien on a vessel under this article for compensation for services rendered to the vessel, unless the…
   • § 413 No repairperson shall commence work for compensation without specific authorization from the customer or his or her agent in accordance with all of the…
   • § 414 Any repairperson who gives an original estimate in good faith, shall not be obligated to complete a job within the quoted or written estimated price if…
   • § 415 All work done by a repairperson, including all warranty work, shall be recorded on an invoice and shall describe all work done and parts supplied. Work and…
   • § 416 The invoice shall show the repairperson’s business name and address. If the repairperson’s telephone number is on the invoice, it shall be the telephone number…
   • § 417 Notwithstanding Section 413, upon authorization from the customer as to a specific job, a repairperson may work on a vessel on a time and materials basis.
   • § 418 (a) This article does not apply to a vessel in distress which is in need of immediate work critical to its preservation and safety, for which consent cannot…
3. ARTICLE 2. Liability, Generally §§ 420–432 · 13 sections

   • § 420 A marine carrier is liable in like manner as an inland carrier, except for loss or injury caused by the perils of the sea or fire.
   • § 421 The liability of a common carrier by sea is further regulated by acts of Congress.
   • § 422 Perils of the sea are: (a) Storms and waves. (b) Rocks, shoals, and rapids. (c) Other obstacles, though of human origin. (d) Changes of climate. (e) The…
   • § 423 A marine carrier shall not stow freight upon deck during the voyage, except where it is usual so to do, nor make any improper deviation from or delay in the…
   • § 424 The owner of a vessel is bound to pay to the owner of her cargo the market value, at the time of arrival of the ship at the port of her destination, of that…
   • § 425 A carrier by water may, when in case of extreme peril it is necessary for the safety of the vessel or cargo, throw overboard, or otherwise sacrifice, any or…
   • § 426 So far as possible, a jettison shall begin with the most bulky and least valuable articles.
   • § 427 A jettison can be made only by authority of the master of a vessel, except in case of his disability, or of an overruling necessity, when it may be made by any…
   • § 428 The loss incurred by a jettison, when lawfully made, shall be borne in due proportion by all that part of the vessel, appurtenances, freightage, and cargo for…
   • § 429 The proportions in which a general average loss is to be borne shall be ascertained by an adjustment, in which the owner of each separate interest shall be…
   • § 430 In estimating values for the purpose of a general average, the vessel and appurtenances shall be valued as at the end of the voyage, the freightage at one-half…
   • § 431 The owner of things stowed on deck, in case of their jettison, is entitled to the benefit of a general average contribution only if it is usual to stow such…
   • § 432 The law concerning jettison and general average is equally applicable to every other voluntary sacrifice of property on a vessel, or to an expense necessarily…
4. ARTICLE 3. Liability of Licensed Pilots for San Pedro Bay §§ 440–444 · 5 sections

   • § 440 Pilots holding valid licenses for San Pedro Bay and its approaches and tributaries, their associations, employers, and others providing piloting services in…
   • § 441 The rates and charges for pilotage services do not include insurance covering the vessel or its owners, agents, charterers, or operators from the consequences…
   • § 442 Upon reasonable notice from the owners, agents, charterers, or operators, a pilot shall provide insurance covering the vessel, its owners, agents, charterers,…
   • § 443 The election of the owners, agents, charterers, or operators to use a pilot through whom trip insurance could have been obtained shall constitute a binding and…
   • § 444 It shall be understood and agreed, and shall be the essence of an agreement under which services of the pilot are tendered to and are accepted by owners,…
5. ARTICLE 4. Vessel Traffic Service §§ 445–449.5 · 11 sections

   • § 445 (a) The Marine Exchange of Los Angeles-Long Beach Harbor, Inc., hereafter referred to as the marine exchange, a corporation organized under the Non-Profit…
   • § 445.5 “Covered vessel,” as used in this article, means any of the following: (a) Every power-driven vessel of 40 meters (approximately 131 feet) or more in length,…
   • § 446 Prior to entering the VTS area, every covered vessel shall report to the marine exchange the vessel’s name, call sign, location, course, speed, destination,…
   • § 446.5 The Ports of Los Angeles and Long Beach may impose fees upon all covered vessels within the VTS area to pay the cost of operating the vessel traffic service.
   • § 447 The following vessels, while transiting the VTS area, shall comply with the requirements of Section 447.5: (a) Every power-driven vessel of 20 meters or more…
   • § 447.5 While transiting the VTS area, every vessel described in Sections 445.5 and 447 shall do all of the following: (a) Maintain continuous radio monitoring or…
   • § 448 The vessel traffic service shall be advisory in nature. Nothing in this article relieves, or is intended to relieve, any vessel, its owners, agents,…
   • § 448.5 (a) It shall be understood and agreed, and shall be the essence of the marine exchange’s operation of the vessel traffic service, that the marine exchange act…
   • § 449 (a) The marine exchange and its officers and directors are subject to Section 5047.5 of the Corporations Code to the extent that the marine exchange meets the…
   • § 449.3 The marine exchange shall cooperate fully with the administrator appointed pursuant to Section 8670.4 of the Government Code in the development and…
   • § 449.5 (a) Upon request by the administrator, the marine exchange shall submit a complete description and operational status report of the vessel traffic service.…