Current through Register Vol. 46, No. 39, September 25, 2024
(a) A
stevedore license is required by any person (other than an employee) who is
engaged under a contract or other arrangement with a carrier of freight by
water or a licensed stevedore or, with respect to paragraphs (2) and (3) of
this subdivision only, any person within the meaning of that term contained in
part II, § 5-a(6)(c) of the Act (1969 amendments) (including a parent
corporation or a subsidiary corporation of such carrier or licensed stevedore
or "any person"):
(1) in the movement of
waterborne freight carried or consigned for carriage by such carrier on vessels
of such carrier berthed at piers, on piers at which such vessels are berthed or
at other waterfront terminals, or to provide clerking and checking services in
connection therewith; or
(2) to
perform all or any part of labor or services incidental to the movement of
waterborne freight on vessels berthed at piers, on piers or at other waterfront
terminals (including marine terminals), including, but not limited to, cargo
storage or warehousing, cargo repairing, marine carpentry, strapping, lashing,
chocking, coopering; weighing; scaling, cargo inspection and sampling,
maintenance, mechanical, container or equipment repair, crane maintenance and
repair, tire repair, vehicle preparation, export packing, labeling, cleaning
and maintenance services, horse and cattle fitting and grain ceiling;
or
(3) to perform labor or services
involving, or incidental to, the movement of freight into or out of containers
(which have been or which will be carried by a carrier of freight by water) on
vessels berthed at piers, on piers or at other waterfront terminals;
or
(4) a license issued under
paragraph (2) or (3) of this subdivision shall be restricted to the performance
of the services contemplated by said paragraph.
(b) A stevedore license shall not be
required:
(1) by any person engaged
exclusively in moving by means of floating mechanical equipment bulk cargo
consisting of a single commodity loaded or carried without wrappers or
containers and delivered by the carrier without transportation mark or count;
or
(2) by any person who is not
principally engaged in the movement of waterborne freight and who on occasion
moves waterborne freight for or on behalf of a carrier of freight by water or a
stevedore, exclusively by means of mobile land-based cranes not affixed to a
pier or terminal with capacity of at least 20 tons, or exclusively by means of
floating mechanical equipment; or
(3) by any person who furnishes such
equipment as set forth in paragraph (2) of this subdivision to move waterborne
freight to a carrier of freight by water or stevedore by lease, rental or
otherwise.
(c) A carrier
of freight by water shall not require a stevedore license even though it may
perform all or part of the services for which a stevedore license would be
required when performed by any other person, provided that such services are
performed on its own account, or on account of a parent corporation or a
subsidiary corporation of such carrier, or as accommodation, not in the regular
course of its business, at its own pier for another carrier of freight by
water, or as part of its services for another carrier of freight by water for
which it is a general agent.
