What You Need to Know About the Jones Act

One of the most significant maritime laws is the Jones Act. If you use water transportation for your commercial business, you may be familiar with the Jones Act. The Jones Act is an important section of the Merchant Marine Act of 1920. This is a set of federal laws that dictate what kind of commercial business can take place in U.S. waters and at U.S. ports. 

This article provides an overview of the Jones Act and how it applies to businesses today. Maritime law and admiralty law generally falls under federal jurisdiction. A maritime law lawyer can help you navigate the waters of the Jones Act. If you have questions about the Jones Act, contact a local maritime lawyer with Jones Act experience for legal advice.

What Is the Jones Act?

The Jones Act outlines rules for cruise ships, barges, boats, and other shipyard vessels used in U.S. commerce. Every vessel owner or ship owner in the shipping industry is subject to the Jones Act. The key provisions of the Jones Act are: 

• Cabotage rights: The Jones Act regulates “cabotage.” This is the transportation of goods and passengers between two points in the same country. Under the Jones Act, only ships built, owned, and operated by U.S. citizens or permanent residents can engage in cabotage. You must also register these ships in the United States.
• Shipbuilding: The Jones Act mandates that only U.S.-flagged vessels can carry goods transported by water between U.S. ports. These are vessels built in the United States and owned by U.S. citizens. This provision aims to protect the domestic shipbuilding industry from foreign competition.
• Crew requirements: The vessels’ crews operating under the Jones Act must consist mainly of U.S. citizens or permanent residents. This is to secure American jobs and contribute to the safety and security of the United States.
• Legal protection for workers: The Jones Act also provides protections for seamen and maritime workers hurt on the job. Injured seamen can bring Jones Act seaman claims for damages caused by their employer’s negligence. As a result, many companies have coverage options specific to Jones Act claims. This includes maritime injury cases, personal injury cases, and other maritime accident cases. 

The Jones Act can be waived at times for national defense or when natural disasters hit to increase aid and supply availability.

What Are the Penalties for Violating the Jones Act?

The Jones Act is more than just a set of regulations — it’s a crucial support system for the U.S. maritime industry. Restricting the transport of goods and passengers to U.S.-flagged ships protects American jobs. Regulations also ensure the maritime industry follows safety and environmental standards. It also strengthens national security by keeping the maritime industry under U.S. control.

Complying with the Jones Act can be more expensive than what foreign competitors face. This can burden smaller businesses. Suitable U.S.-flagged ships also can sometimes have limited availability, causing delays. 

Violating Jones Act laws can have serious consequences. If you’re caught using improper ships or crews, the government can issue harsh penalties. This includes seizing your cargo or fining you in an amount that equals your cargo’s and transportation’s value. While the federal government handles most admiralty law matters, state courts can also address maritime matters.

The Jones Act keeps sailors and the sailing industry safe. Unsafe working conditions or improper maintenance could make you liable for negligence if an employee is hurt. You can also be liable for your employees’ actions that cause another crewmate’s injuries. Employers are liable for an employee’s negligence in the course of their duties. 

A sailor on your ship who is hurt in the course of their employment could sue you for personal injuries and negligence. Typically, people employed on waterways don’t qualify for workers’ compensation. The Jones Act litigation option can be one of their only pathways to compensation for injuries.

How Can a Maritime Lawyer Help With the Jones Act?

Maritime law is complex. The rules can differ drastically from land-based regulations. Understanding the rules and restrictions of maritime law is essential for running a safe and profitable business. If you need help learning Jones Act laws, you can benefit from legal advice to keep your commercial trade in compliance.

Understanding and complying with the Jones Act is crucial for your success if you’re in the maritime business. If you have any questions about the Jones Act cases, contact an experienced maritime law lawyer who knows the Jones Act.