PVSA/Jones Act, Changing Ships

[blondie from arizona]

Does the PVSA apply if you are changing cruise ships? We would like to take the Noordam-Holland doing San Diego, Victoria, Vancouver. Then getting off that ship and getting on the Golden Princess and doing Vancouver, Victoria, San Francisco.

 

Any help would be appreciated. I read thru other threads and there was too much info and conflicting info.

 

Thanks,

[Twickenham]

Does the PVSA apply if you are changing cruise ships? We would like to take the Noordam-Holland doing San Diego, Victoria, Vancouver. Then getting off that ship and getting on the Golden Princess and doing Vancouver, Victoria, San Francisco.

 

Any help would be appreciated. I read thru other threads and there was too much info and conflicting info.

 

Thanks,

 

The PVSA is ship-specific - that is, the violation is incurred by the ship, not by the passenger. Thus, you will have no problem with the scenario you describe.

[sail7seas]

You can do that.

[blondie from arizona]

Awesome. Thanks for the quick responses.

[njhorseman]

The PVSA is ship-specific - that is, the violation is incurred by the ship, not by the passenger. Thus, you will have no problem with the scenario you describe.

 

Not so. The violation is incurred when a passenger disembarks. For example a ship may have an itinerary of NY City, Port Canaveral, Nassau Bahamas, and NY City, which is perfectly legal, but if a passenger permanently disembarks the ship in Port Canaveral, that individual's disembarkation is a PVSA violation even though the ship itself is making a legal voyage. It's the ship that incurs the $300 fine, but they then have the right to recoup that fine from the passenger.

 

In the OP's case however it appears as though the itinerary is legal.

[BourbonNBluesLuvr]

Not so. The violation is incurred when a passenger disembarks. For example a ship may have an itinerary of NY City, Port Canaveral, Nassau Bahamas, and NY City, which is perfectly legal, but if a passenger permanently disembarks the ship in Port Canaveral, that individual's disembarkation is a PVSA violation even though the ship itself is making a legal voyage. It's the ship that incurs the $300 fine, but they then have the right to recoup that fine from the passenger.

 

In the OP's case however it appears as though the itinerary is legal.

 

I think maybe then...Both of you are correct ? Since it is a Maritime Statute, it is therefore ship specific as stated by the first poster. Although the "actions" of a passenger may cause the statute to be violated (as in the example of this post), it is still the ship that violated the statute, by transporting the passenger from one US port to another...without visiting...etc, etc...not the passenger who is charged with the violation. In other words, by code, the passenger cannot and does not violate the statute, the ship does.

 

Sorry OP for the diversion...yes your planned itinerary is perfectly fine !

 

BBL

Edited April 27, 2015 by BourbonNBluesLuvr

[sail7seas]

I think maybe then...Both of you are correct ? Since it is a Maritime Statute, it is therefore ship specific as stated by the first poster. Although the "actions" of a passenger may cause the statute to be violated (as in the example of this post), it is still the ship that violated the statute, by transporting the passenger from one US port to another...without visiting...etc, etc...not the passenger who is charged with the violation. In other words, by code, the passenger cannot and does not violate the statute, the ship does.

 

Sorry OP for the diversion...yes your planned itinerary is perfectly fine !

 

BBL

 

When you say the ship is charged with the violation, am I correct in thinking it is the Captain that is charged?

 

[swedish weave]

Do the enforcement agencies make exceptions if a passenger disembarks short of the final destination due to illness or injury ?

[njhorseman]

Do the enforcement agencies make exceptions if a passenger disembarks short of the final destination due to illness or injury ?

 

There's no automatic exemption from the rule for illness, injury or even death. CBP can waive the fine at their discretion, or if they don't initially the cruise line can appeal the decision...but there's no guarantee that the fine won't ultimately be imposed.

[sail7seas]

Do the enforcement agencies make exceptions if a passenger disembarks short of the final destination due to illness or injury ?

 

The violation must be reported and waiver applied for. It is not automatically granted even in the case of death.