---
kind: "section"
citation: "46 U.S.C. § 5113"
title: "46"
title_heading: "Shipping"
number: "5113"
heading: "Detention of vessels"
release: "119-102"
url: "https://uscodex.org/usc/46/5113"
units:
  - "Subtitle II — Vessels and Seamen"
  - "Part C — Load Lines of Vessels"
  - "Chapter 51 — Load Lines"
---

# §5113. Detention of vessels

- (a) When the [Secretary](/usc/46/2101.md?p=46) believes that a [vessel](/usc/46/115.md) is about to leave a place in the [United States](/usc/46/114.md) in violation of this chapter or a regulation prescribed under this chapter, the [Secretary](/usc/46/2101.md?p=46) may detain the [vessel](/usc/46/115.md) by giving notice to the owner, charterer, managing operator, agent, master, or individual in charge of the [vessel](/usc/46/115.md).
- (b) A detained [vessel](/usc/46/115.md) may be cleared under [section 60105 of this title](/usc/46/60105.md) only after the violation has been corrected. If the [vessel](/usc/46/115.md) was cleared before being detained, the clearance shall be withdrawn.
- (c) Under regulations prescribed by the [Secretary](/usc/46/2101.md?p=46), the owner, charterer, managing operator, agent, master, or individual in charge of a detained [vessel](/usc/46/115.md) may petition the [Secretary](/usc/46/2101.md?p=46) to review the detention order.
- (d) After reviewing a petition, the [Secretary](/usc/46/2101.md?p=46) may affirm, withdraw, or change the detention order. Before acting on the petition, the [Secretary](/usc/46/2101.md?p=46) may require any independent survey that may be necessary to determine the condition of the [vessel](/usc/46/115.md).
- (e) The owner of a [vessel](/usc/46/115.md) is liable for the cost incident to a petition for review and any required survey if the [vessel](/usc/46/115.md) is found to be in violation of this chapter or a regulation prescribed under this chapter.

## Source credit

(Pub. L. 99–509, title V, § 5101(2), Oct. 21, 1986, 100 Stat. 1918; Pub. L. 109–304, § 15(20), Oct. 6, 2006, 120 Stat. 1703.)

## Notes

### Historical and Revision Notes

Revised section 5113

Source: Section (U.S. Code) 46 App. U.S.C. 86h, 88f.

Section 5113 authorizes the Secretary to detain a vessel if the Secretary believes that the vessel is in violation of the load line requirements, and describes the process through which a vessel may be cleared. It also states that a vessel owner is liable for certain costs resulting from a petition for review and load line survey that is made pursuant to a violation of load line requirements.

### Editorial Notes

### Amendments

2006—Subsec. (b). Pub. L. 109–304 substituted “section 60105 of this title” for “section 4197 of the Revised Statutes (46 App. U.S.C. 91)”.