Attacks on Jones Act protected by the Maritime Cabotage Task Force

Section 27 of the Maritime Merchant Act of 1920, more commonly referred to as the Jones Act, ensures that the United States supports and maintains a domestic merchant marine fleet. Cabotage laws have been in effect in one form or another since the 18th century. By decreeing that all domestic transportation of goods by sea or inland waterways is provided by U.S. owned and operated ships, it guarantees that there will be a strong and thriving domestic merchant marine. This is vitally important in times of war, when this “fourth arm of the military” is called upon to help defend U.S. interests.

These shortcomings have given Jones Act critics more fodder in their fight to get rid of the law. They state that limiting the domestic shipping industry to U.S.-only ships increases the cost of shipping by at least 22%. They also argue that seaman are workers like any other workers in America, and therefore should not be entitled to seek additional compensation above and beyond what the average worker should.

The Maritime Cabotage Task Force (MCTF) recognizes the importance of the Jones Act, and has fought to protect it since 1995. The formation of the organization was in reaction to “a well-financed campaign of disinformation [that] even had some Members of Congress actively discussing the possibility of significant changes to America's most venerable maritime laws.” The organization represents and fights for the views of the maritime industry, from ship owners and builders to the seamen themselves.

Since inception, the MCTF has prevented any anti-cabotage bills from being enacted into law. In fact, the organization helped garner support for House Concurrent Resolution 65 in April 1997, which effectively “renewed” the Jones Act. The resolution stated that the act “and related statutes are critically important components of our Nation's economic and military security and should be fully and strongly supported.”

Formal, organized opposition to the Jones Act soon fell apart after the resolution passed, but the MCTF continues to protect the act against attack. Since that resolution, the MCTF has blocked several attempts to “go around” the law, including an attempt to include the phrase “insofar as practical” into federal law regarding the use of U.S. owned and operated vessels, and helped prevent Panama from receiving the designation of “distant foreign port” which would have essentially allowed Panamanian-built and owned vessels to operate freely in the U.S.

If you have been injured while working at sea, you may be able to seek damages under the Jones Act. However, the process is complicated, and the burden of proof is more demanding than a normal court case. But don’t try to decide for yourself if you are covered. Contact Jim S. Adler & Associates for a free case review. We’ll let you know what your rights are, and help you protect them should you decide to proceed with your case. Call us directly, or click on the link below.