Another (Different) Jones Act Question - What Happens If ...

[Pszaffveauhraunne]

Ok, here's one I've been wondering about:

 

We're on the Pearl, sailing the Panama Canal from Miami to LA with stops in Columbia, Costa Rica, Guatamala, and Mexico. I've figured out that this is legal under the "Jones Act" because we're visiting a distant foreign port (Cartagena, Columbia).

 

My question is, what happens if we're unable to make it into Cartagena for some reason (weather or a natural disaster, for example)? Is it enough for the captain to show up nearby and demonstrate that he had the intent of making port? Can NCL point to the itinerary and say that they meant to put in but couldn't?

 

Will the US govenrment fine everyone aboard $300 because the weather was bad that day? :eek: It seems unlikely they'd do that, but it would certainly be an easy way to add $700,000 to government coffers ...

[jame_g]

Cartegena is protected by the surrounding land, it very rarely gets hit by weather bad enough to prevent ships from entering the port.

 

However, my understanding is that there are other situations where ships essentially do a fly by to meet the techinical requirements of the regulation to visit a foreign port. Not sure exactly what they have to do, but they get in the area, and are considered visiting the port even though they never dock and no one disembarks.

[smeyer418]

they must actually enter the port. If they don't because of weather or an emergency they must ask for an exemption but its the cruise line that will be fined not an individual in this case.

NCL was fined over a million dollars when it was doing the Hawaii to Kirubit run for not making it to Kirbuti because of "emergencies"...

 

The technical fly by stops where no passenger got off(in Mexico) have I believe all been stopped. Those cruise lines which were doing so, now at least let the passengers get off if they want to but they always actually stopped in the port to at least gas up(a technical stop) even though they didn't allow people to get off in the past.

[vols_159]

I didnt know about the jones act at all.. But wouldnt of this been then a Jones act violation On a recent cruise review on here I read where THE SUN Left Orlando and was on there way to cozumel mexico but had to turn around and port in KEY WEST FL for a medical emergency on board? The Ship and Captain did the right thing in helping the person on board.. Im just curious i really dont understand the jones act or why its even still a law.. seems like it outdated or cruise lines should be ruled out of it..

[smeyer418]

I didnt know about the jones act at all.. But wouldnt of this been then a Jones act violation On a recent cruise review on here I read where THE SUN Left Orlando and was on there way to cozumel mexico but had to turn around and port in KEY WEST FL for a medical emergency on board? The Ship and Captain did the right thing in helping the person on board.. Im just curious i really dont understand the jones act or why its even still a law.. seems like it outdated or cruise lines should be ruled out of it..

for most medical emergencies its waived for those getting off. While it may be outdated its the similar law that protects US airlines from foreign flagged airlines flying people between US cities. Almost all countries have a similar law to protect their citizens from competition from people who pay low wages a hour and have lower standard of living. How do you feel about NAFTA?