Alaska Administrative Code
Title 17 - Transportation and Public Facilities
Chapter 70 - Marine Transportation
Article 1 - State Ferries (Alaska Marine Highway)
17 AAC 70.090 - Liability of carrier
Universal Citation: 17 AK Admin Code 17 AAC 70.090
Current through August 30, 2024
(a) Except where it can be shown that the ferry system was grossly negligent in carrying out its normal duties, the ferry system will not assume any liability whatsoever respecting
(1) articles left in vehicles while waiting
transit, or in transit;
(2) any
theft from person or baggage of a passenger or pilferage or theft from any
vehicle on vessels or terminals of the ferry system;
(3) refusal to transport any person, vehicle,
corpse, animal, baggage, or other article which, in the opinion of the ferry
system, might damage, contaminate, or in any way whatsoever cause discomfort to
traffic being handled on any particular vessel or terminal;
(4) refusal to transport any child under 12
years of age, unless accompanied by parent or responsible escort; or refusal to
transport any child from the ages of 12 years to 16 years unless written
permission and release from liability is given by a parent or responsible
escort of such child;
(5) quality,
nature or consequence of any medical or surgical treatment which may be
administered during transport;
(6)
loss of time, damage or expense, or inconvenience of any type, due to any
change in departure or arrival time of vessel, cancellation of any sailing,
substitution of one vessel for another, failure to complete voyage, delay in
loading or unloading vessel, landing of any traffic carried at any terminal
other than normally used or designated, which may be necessitated by
circumstances and conditions beyond the control of the ferry system;
(7) injury, loss or damage that shall result
from act of God, public enemy, restraint of rules, quarantine, peril of the
seas or other waters, latent defect in hull, boilers, propellers, piping,
shafting, or machinery; or any propelling device, or accident of navigation, or
for personal injury to passengers, or loss of or damage to passengers' baggage
or other property;
(8) spoilage or
loss of any article or produce held in refrigerated vehicles;
(9) notwithstanding that reservations may
have been made for vehicle space or stateroom accommodation, the ferry system
will not be liable for any loss resulting out of or in any way attributable to
the inability of the ferry system to provide vehicle space or stateroom
accommodation in accordance with the reservations, or at all.
(b) With respect to any claims not specifically foreclosed by (a) of this section or elsewhere in this chapter, the ferry system shall be subject to the common law and does not admit liability by failure to enumerate such claims in (a) of this section or elsewhere in this chapter.
(c) The liability of the ferry system shall in any event cease when passengers, vehicles and any other traffic are discharged at any port.
Authority:AS 44.17.030
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