Jones Act


Jones Act - Marine Workers' Injury & Cabotage Law


The Jones Act refers to the Merchant Marine Act of 1920. This federal statute supports the United States maritime industry (specifically the U.S. Merchant Marines) by requiring U.S. shipbuilders and sailors in U.S. coastal waters and between U.S. ports – foreign-made and foreign owned vessels are prohibited for transport of domestic cargo. This seeks to ensure that the U.S. maintains a fleet of merchant ships. The Act has been amended several times, most recently in 2006.

In certain instances, the government issues waivers to specific provisions of the Jones Act. This occurred most recently in November 2012, in the wake of Hurricane Sandy. This waiver was issued to boost the supply of fuels to the east coast.

The Jones Act establishes the Secretary of Transportation and the Federal Maritime Commission as the regulatory entities of this law. Additionally, the Act includes a provision wherein the Secretary of Transportation may set up insurance funds from insurance premiums and revenue from operation and sales.

This law also addresses the rights of U.S. seamen when they are injured or killed as a result of their employment. It is very similar to FELA (the law already in place for railroad employees), expanding on this established law to include seamen. To qualify as a seaman under this Act, the worker must spend at least 30% of his time in the service of a vessel on navigable waters. The sailor, (or in the case of death, his survivors), may file a claim seeking damages from the ship owner or other responsible parties. Jurisdiction includes federal and state court. Although, once an action has been brought in state court, it may not then be moved to federal court. The injured party may request and receive a trial by jury.

Attorneys handling claims subject to the Jones Act practice cabotage law. This deals with the transport of merchandise and passengers, and navigation and trade in coastal waters. Although originally restricted only to the shipping industry, it now applies to other modes of transportation as well, such as railway, trucking and aviation.

Jones Act Lawyers may assist their clients in filing compensation claims for health care costs and lost wages due to work injuries, and when negligence is a factor (or vessel unseaworthiness), filing personal injury lawsuits to collect damages. This may include pain and suffering. Their clients include dockworkers, tugboat and barge workers, offshore oil and gas rig workers, workboat employees, tanker and cargo ship workers, ferry or water taxi workers, and other inland marine seamen. This area of law is closely related to Maritime Law.

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Jones Act - US

  • Jones Act - Admiralty and Maritime Law

    The Merchant Marine Act of 1920 is one of three congressional laws commonly referred to as the "Jones Act". Formerly, it was found at 46 U.S.C. Section 688, et seq. and was recently codified in October, 2006 at 46 U.S.C. Section 30104 et seq. The purpose of the Jones Act was to recognize the importance of a strong merchant marine system for national defense, and the growth of foreign and domestic commerce by protecting the mariner. Dating back for many centuries, the shipping industry has long been accepted as vital to the economic existence of countries. It was always important that when a seaman was injured far from home, it was the duty of the ship owner to repatriate the injured worker.

  • Jones Act - Maritime Trades Department

    The Jones Act is the best known of the nation’s cabotage laws. By calling for movements of water-borne cargoes between U.S. ports by vessels that are American-crewed, -built and –owned, it has enhanced important U.S. security interests and generated many economic benefits.

  • Jones Act Cases

    Digests and case links to Circuit Court Admiralty Cases that have as an issue the Jones Act.

  • Merchant Marine Act of 1920 - Overview

    The Merchant Marine Act of 1920 is a United States Federal statute that regulates maritime commerce in U.S. waters and between U.S. ports. It is a cabotage law which also contains provisions regarding seamen's rights.

Jones Act - International

  • Application of Cabotage Laws and Jones Act

    Outside of the US and Caribbean, the same style of laws that make up the "Jones Act" are called "cabotage laws". Many countries are very strict with these laws that dictate that you cannot embark and disembark within the same country without having visited a foreign country in between. Advance notice for special permits are required for some countries, and they are not guaranteed in advance. Particular information and documentation may be required by the authorities.

Organizations Related to the Jones Act

  • Maritime Cabotage Task Force (MCTF)

    The Maritime Cabotage Task Force (MCTF) is dedicated to educating America on the economic, national security, environmental and safety benefits of the Jones Act and other U.S. cabotage laws so that domestic waterborne commerce remains a pillar of our national existence.

  • Seafarers International Union

    The Seafarers International Union, Atlantic, Gulf, Lakes and Inland Waters District/NMU, AFL-CIO, represents unlicensed United States merchant mariners sailing aboard U.S.-flag vessels in the deep sea, Great Lakes and inland trades. The union also represents licensed U.S. mariners in the Great Lakes and inland sectors.

Publications Related to the Jones Act

  • DHS Announces Expansion of Temporary, Blanket Jones Act Waiver

    Secretary of Homeland Security Janet Napolitano today announced the expansion of the temporary, blanket waiver of the Jones Act, issued yesterday, to also facilitate the transportation of feedstocks, blending components, and additives used to produce fuels.

  • Jones Act

    The Jones Act (Section 27, Merchant Marine Act, 1920) requires cargo moving between U.S. ports be carried in vessels that are U.S.-crewed, -built and -owned. Although the law dates from 1920, foreign-flag vessels have been barred from domestic commerce since 1817.

Articles in HG.org Related to Jones Act