Kopyası jones act in the us

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  • 1. JONES ACT IN THE US1
  • 2. GIRNE AMERICANUNIVERSITY LOGISTIC&TRANSPORTATION LECTURER: UMUT MEHMETYÜRÜYEN PRESENTER:HASAN HUSAMETTİN ŞAĞBAN LECTURE:SEA TRANSPORTATION POLICY TOPIC :JONES ACT AND CABOTAGE SHIPMENTS IN THEUS2
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  • 21. 21OIL SPILL RESPONSE AND THE JONESACTDeepwater Horizon Confusion on Use of Foreign-Flag Vessels• Much press on need to waive Jones Act to use foreign-flag vessels• Jones Act was waived for Exxon Valdez spill based on nationaldefense waiver• Section 1117 of the Coast Guard Authorization Act of 1996authorized the Coast Guard to approve temporary and emergencyuse of foreign-flag oil spill response vessels (OSRVs)• After much confusion, Coast Guard determined on June 16, 2010that there were insufficient U.S.-flag OSRVs available and on June 18published a fact sheet
  • 22. OIL SPILL RESPONSE AND THE JONES ACT(continued…)The Jones Act and Coastwise Laws• The coastwise merchandise statute (commonlyknown as the Jones Act), provides that nomerchandise shall be transported between“points” in the United States embraced within thecoastwise laws (loaded and unloaded), unlessthe vessel is coastwise qualified• Customs and Border Protection has ruled thatskimming and transporting oil is thetransportation of merchandise• The Jones Act applies to “coastwise points” inwaters shoreward of the U.S. territorial sea (3nautical miles) boundary• The Outer Continental Shelf Lands Act extendsthe Jones Act to artificial islands, installations,and other devices permanently or temporarilyattached to the seabed of the Outer ContinentalShelf (OCS) for the purpose of exploring for,developing, or producing resources of the OCS22
  • 23. OIL SPILL RESPONSE AND THE JONES ACT(continued…)National Defense Waivers• A Jones Act waiver may be granted by theSecretary of the Department of Homeland Security(DHS) when the Secretary deems it is necessaryto the interests of “National Defense”• DHS consults with the Maritime Administration,Department of Energy, and Department ofDefense• Historically, waivers only granted due tocatastrophic or extreme circumstances such ashurricanes, oil spills, or an immediate energyshortage23
  • 24. OIL SPILL RESPONSE AND THE JONES ACT(continued…)Federal On-Scene Coordinator (FOSC)Determination of a Shortage ofU.S.-Flag OSRVs• In times of emergency, FOSC may allowforeign-flag OSRVs to operate in U.S. waterson a temporary basis for the purposes of“recovering, transporting, and unloading in aUnited States port” oil recovered from or nearU.S. waters as long as:o there is a determination that there are notenough U.S.-flag OSRVs to sufficientlyperform the oil spill response operations,ando the country of the foreign-flag OSRV mustextend the same privileges to U.S.-flagOSRVs24
  • 25. WORKERS’COMPENSATION State Workers Compensation Federal Workers Compensation Longshore Act Compensation Jones Act25
  • 26. Workers Compensation No Fault Usually 2/3 wages Course and Scope of Employment Permanent Partial Disability Awards No Pain and Suffering No Lawsuit for Benefits26
  • 27. Jones Act Status Substantial Connection to a Vessel ofSufficient Nature and Duration Vessel in Navigation Performs a Function that Helps toAccomplish the Mission of the Vessel27
  • 28. On the Job Injury28
  • 29. Jones Act vs. Workers Comp Must sue to get benefits Must prove negligence or unseaworthiness Full Wage Loss, Past and Future,Recoverable Pain and Suffering Recoverable Maintenance and Cure Recoverable Right to Jury Trial29
  • 30. Seaman Causes of Action Negligence (Jones Act) Unseaworthiness Maintenance and Cure Attorney’s Fees Damages for Failure to Pay Maintenance andCure30
  • 31.  THANK YOU FOR LISTENING31