Shipping Lawyer Port and Terminal Law

Question 1

What U.S. federal agency oversees the security of U.S. ports and maritime facilities?

Accepted Answer

U.S. Coast Guard

Answer

The U.S. Coast Guard, under the Maritime Transportation Security Act (MTSA), is the lead federal agency for maritime security and oversees port facility security plans.

Question 2

What is a 'port tariff' and what legal obligation does it create for vessels?

Accepted Answer

A published schedule of port charges and conditions that legally binds vessels calling at that port

Answer

A port tariff is a public schedule of fees, rules, and conditions published by a port authority; vessels calling at the port are legally bound by the tariff's terms upon entry.

Question 3

What is compulsory pilotage and under what legal framework is it enforced in U.S. ports?

Accepted Answer

A legally mandated requirement for foreign-flagged vessels to take on a licensed harbor pilot, governed by state law

Answer

Compulsory pilotage requires foreign vessels (and sometimes U.S. vessels) to engage a licensed state pilot for navigation in designated waters; it is primarily regulated by state pilot commissions.

Question 4

What is the 'Marine Terminal Operator Schedule' (MTOS) and who files it?

Accepted Answer

A tariff-like document filed with the FMC by marine terminal operators setting rates and rules for terminal services

Answer

Marine terminal operators must file an MTOS with the FMC, publicly disclosing all rates, rules, and practices governing their terminal services for vessel and cargo owners.

Question 5

What is 'wharfage' as a port charge?

Accepted Answer

A fee assessed on cargo for the use of a wharf or dock facility during loading or discharge

Answer

Wharfage is a fee charged by terminal or port operators on cargo passing over or using the wharf, typically calculated per ton or per container.

Shipping Lawyer Practice Test

Shipping Lawyer Practice Test

Shipping Lawyer Port and Terminal Law