N.Y. Comp. Codes R. & Regs. tit. 21 § 3.2

Current through Register Vol. 46, No. 50, December 11, 2024

Section 3.2 - Persons required to be licensed as stevedores; persons not required to be licensed as stevedores

(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.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 3.2