Question 51 OSV01 - Master/Chief Mate - Offshore Supply Vessels

A seaman is entitled by law to a release from Foreign Articles when which situation has occurred?

A There is a change of Master
B He/she is intoxicated
C The vessel is overloaded
D There is a change of home port
AI Explanation

The Correct Answer is C **Explanation for Option C (Correct):** A seaman is entitled by law to a release from Foreign Articles (Shipping Articles signed for voyages beyond the limits of the United States) when the master or owner violates safety laws, especially those related to the vessel's seaworthiness. An overloaded vessel is inherently unseaworthy and presents an immediate, recognized danger to the crew, constituting a breach of the maritime employment contract. Federal law (specifically 46 U.S.C. § 10317, related to complaints of unseaworthiness or inadequate provisions) provides a mechanism for a crew to demand an official survey, and if the vessel is found to be unseaworthy (such as being dangerously overloaded), the crew is entitled to their discharge and payment of wages. **Why the other options are incorrect:** * **A) There is a change of Master:** While the crew signs articles with the vessel and the master, a simple change in the individual serving as the Master does not automatically entitle a seaman to a discharge and release from the Foreign Articles. The articles remain in force with the vessel itself. * **B) He/she is intoxicated:** Intoxication by the seaman is a breach of the seaman's duty and is grounds for disciplinary action and discharge *for cause* by the Master, not a right that entitles the seaman to demand a release from their contract. * **D) There is a change of home port:** A change of the vessel's administrative home port (which is often merely a change in registration address) has no bearing on the terms or duration of the seaman’s employment contract (the Shipping Articles) for the voyage they signed on for.

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