Does the Jones Act Apply to Cruise Ships?

By Alice Nichols

The Jones Act, also known as the Merchant Marine Act of 1920, is a federal law that regulates maritime commerce in the United States. This law requires all vessels that transport goods or passengers between two U.S. ports to be built, owned, and operated by U. citizens or permanent residents.

But does the Jones Act apply to cruise ships? Let’s find out.

Understanding the Jones Act

The Jones Act was originally passed to protect American shipbuilders and sailors from foreign competition. The law requires that vessels engaged in coastwise trade must be U.-built, U.-owned, and U.-crewed. This means that any ship transporting goods or passengers between two U. ports must meet these requirements.

Do Cruise Ships Fall Under the Jones Act?

Technically speaking, most cruise ships do not fall under the Jones Act because they are not engaged in coastwise trade. Instead, they typically sail on international itineraries that begin and end in different countries.

However, there are some exceptions to this rule. If a cruise ship is sailing from one U. port to another without stopping at any foreign ports along the way, it may be subject to the Jones Act requirements. In this case, the ship would need to be built in the United States and owned by a U. citizen or permanent resident.

What About Cabotage Laws?

Cabotage laws are similar to the Jones Act but apply specifically to transportation within a single country’s borders. In the United States, cabotage laws prohibit foreign airlines from carrying passengers between two domestic airports without first stopping at an international airport.

Some have argued that cabotage laws should apply to cruise ships as well since they transport passengers within national borders. However, there is currently no federal law in place that regulates cabotage for cruise ships.

Conclusion

In summary, the Jones Act does not typically apply to cruise ships since they are not engaged in coastwise trade. However, if a cruise ship is sailing between two U. ports without stopping at any foreign ports, it may be subject to the Jones Act requirements. As for cabotage laws, there is currently no federal regulation in place for cruise ships.