The master of a vessel is appointed by and holds his appointment at the pleasure of the owner.
Chapter 2Ship Masters and Cargoes
Section § 800
The captain of a ship is chosen by the ship's owner and can be replaced by the owner whenever they want.
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Section § 801
The law requires the captain of a ship to be present on the vessel when it is coming into or going out of any port, harbor, or river. However, if a mate with a master's license is in charge, the captain doesn't have to be on board.
The master of a vessel shall be always on board when it is entering or leaving a port, harbor, or river unless the vessel is in charge of a mate who possesses a master’s license.
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Section § 802
This law states that when a ship is entering or leaving a port, harbor, or river, the captain must use a local pilot if one is available and they are not already using a licensed pilot for that area. Once the pilot is on the ship, it's their responsibility to guide the vessel.
On entering or leaving a port, harbor, or river, the master of a vessel, the navigation of which is not in charge of a pilot, licensed for that port, harbor, or river, shall take a pilot if one offers himself. While the pilot is on board the navigation of the vessel devolves on him.
vessel navigation ship pilot port entry harbor exit licensed pilot pilot responsibility pilot availability river navigation master of vessel pilot on board port regulations harbor safety local pilot pilotage requirement maritime law California
Section § 803
The captain of a ship can make the crew follow orders using reasonable physical discipline, but the captain is liable if he misuses this authority.
The master of a vessel may enforce the obedience of the mate and seamen to his lawful commands by confinement and other reasonable corporal punishment; but the master is responsible for the abuse of his power.
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Section § 804
The captain of a ship has the authority to detain someone on board if they deliberately refuse to follow his lawful orders during the trip.
The master of a vessel may confine any person on board, during a voyage, for wilful disobedience to his lawful commands.
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Section § 805
During a sea voyage, if a vessel runs out of supplies, the captain can ask those who have personal supplies on board to share them with everyone. The captain must either pay for the supplies or offer a promise to pay later.
If, during a voyage, the vessel’s supplies fail, the master, with the advice of the officers, may compel persons who have private supplies on board to surrender them for the common want, or payment of, or on giving security for, their value.
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Section § 806
The captain of a ship is not allowed to leave the ship during a journey unless he or she has consulted with the other officers on board.
The master of a vessel shall not abandon it during the voyage, without the advice of the other officers.
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Section § 807
If a ship's captain has to abandon the vessel, they must try to take the money and most valuable items with them. If they don't, they could be held personally liable for those items. However, if these items are lost due to circumstances beyond their control, they won't be held responsible.
The master of a vessel, upon abandoning it, shall carry with him, so far as it is in his power, the money and the most valuable of the goods on board, under penalty of being personally responsible. If the articles thus taken are lost from causes beyond his control, he is exonerated from liability.
ship abandonment captain responsibility vessel evacuation valuable goods personal liability exoneration loss beyond control captain's duty ship's master abandonment accountability
Section § 808
If the captain of a ship is working for a shared profit from the cargo, they are not allowed to do any personal trading. If they do trade for themselves, they have to give all those personal profits to their employer.
The master of a vessel, who engages for a common profit on the cargo, shall not trade on his own account, and if he does, he shall account to his employer for all profits thus made by him.
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Section § 809
This law mandates that the captain of a ship must be very careful and thorough in fulfilling their duties. If they are careless and it leads to damage, they are held liable for that damage.
The master of a vessel shall use great care and diligence in the performance of his duties, and he is responsible for all damage occasioned by his negligence.
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Section § 810
The captain of a ship acts as a broad representative for the ship's owner when dealing with anything related to the ship.
The master of a vessel is a general agent for its owner in all matters concerning the vessel.
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Section § 811
The captain of a ship can borrow money on behalf of the ship's owner if it's essential to finish the trip and there's no way to reach the owner or their agent quickly without causing significant delays.
The master of a vessel has authority to borrow money on the credit of its owner, if it is necessary to enable him to complete the voyage, and if neither the owner nor his proper agent for such matters can be consulted without injurious delay.
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Section § 812
The law states that during a voyage, the captain of a ship acts as a representative for each of the cargo owners. The captain can take necessary actions to protect the cargo owners' interests, but cannot sell or mortgage the cargo unless specific situations in this chapter allow it.
During a voyage, the master of a vessel is a general agent for each of the owners of the cargo, and has authority to do whatever they might do for the preservation of their respective interests, but he can not sell or hypothecate the cargo, except in the cases mentioned in this chapter.
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Section § 813
This law allows the master (or captain) of a ship to handle certain business transactions for the vessel when necessary. They can arrange for repairs and supplies, manage cargo and passengers, and even create charter agreements in foreign ports. These actions can legally obligate the ship's owner up to the total value of the ship and its potential earnings from freight.
The master of a vessel may procure all its necessary repairs and supplies, may engage cargo and passengers for carriage, and, in a foreign port, may enter into a charter-party. His contracts for these purposes bind the owner to the full amount of the value of the vessel and freightage.
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Section § 814
The captain of a ship can take a loan using the ship, cargo, or freight as security in specific situations outlined in laws about bottomry and respondentia. Additionally, the captain can sell part or all of the cargo before reaching its destination if the cargo is very perishable or so damaged that it could be ruined or pose a serious risk to the owners' interests if kept on board or shipped again.
The master of a vessel may hypothecate the vessel, freightage, and cargo, and sell part of the cargo, in the cases prescribed by the articles on bottomry and respondentia, and in no others, except that the master may also sell the cargo, or any part of it, short of the port of destination, if it is found to be of such perishable nature, or in such damaged condition that if left on board or reshipped it would be entirely lost or seriously endanger the interests of its owners.
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Section § 815
If a ship is badly damaged or its journey cannot continue, the captain can sell the ship without the owner's permission. However, the captain should try to contact the owners for instructions before selling, unless it’s not possible to reach them quickly.
When a vessel, whether foreign or domestic, is seriously damaged, or the voyage is otherwise broken up beyond the possibility of pursuing it, the master, in case of necessity, may sell the vessel without instructions from the owners, unless by the earliest use of ordinary means of communication he can inform the owners and await their instructions.
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Section § 816
If the captain of a ship finds that their trip cannot continue and there is no other ship available to transport the cargo, they are allowed to sell the cargo, but only if selling it is absolutely necessary.
The master of a vessel may sell the cargo if the voyage is broken up beyond the possibility of pursuing it, and no other vessel can be obtained to carry it to its destination, and the sale is otherwise absolutely necessary.
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Section § 817
If a ship is captured, the ship’s captain can agree to pay a ransom either with money or a portion of the ship's cargo to secure its release. This agreement will be legally binding on the ship, its earnings from carrying goods (freightage), and its cargo.
The master of a vessel in case of its capture may engage to pay a ransom for it in money or in part of the cargo, and his engagement will bind the vessel, freightage, and cargo.
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Section § 818
When a ship and its cargo are given up to insurance companies after an accident or similar event, the captain cannot make decisions that financially bind the ship's owner or the cargo owners anymore.
The power of the master of a vessel to bind its owner, or the owners of the cargo, ceases upon the abandonment of the vessel and freightage to insurers.
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Section § 819
In California, unless there's a specific agreement, or if the credit is exclusively given to the vessel's owner, the captain (or master) of a ship is personally responsible for any contracts related to the vessel. This holds true even if the ship's owner is also responsible.
Unless otherwise expressly agreed, or unless the contracting parties give exclusive credit to the owner, the master of a vessel is personally liable upon his contracts relative to the vessel, even when the owner is also liable.
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Section § 820
This law says that if you're the captain of a ship, you're on the hook just like the ship's owner for any mistakes made by people working on the ship, even if you didn't pick them. But, there's a special rule for pilots (the people who help navigate in tricky areas); you're not responsible for their mistakes if you're legally required to hire them and you have no choice in who they are or if you're only supposed to pay them without having to actually use them.
The master of a vessel is liable to third persons for the acts or negligence of persons employed in its navigation, whether appointed by him or not, to the same extent as the owner of the vessel; but neither the owner nor the master of a vessel is responsible for the negligence of a pilot whom he is bound by law to employ, unless an option is allowed between pilots, some of whom are competent, or unless he is required only to pay compensation to the pilot, but is not required to use his services.
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Section § 821
If a ship's master has to sell some of the cargo to pay for necessary repairs and supplies for the ship, the ship owner must reimburse the cargo owner for the market value of the sold cargo when the ship reaches its destination port.
The owner of a vessel is bound to pay to the owner of the cargo, at the time of arrival of the vessel at the port of the destination, the market value of that portion of the cargo which has been sold to enable the master to pay for the necessary repairs and supplies of the vessel.
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