CHAPTER I General Provisions

(Purpose) Article 1. The purpose of this Law is to establish order in harbor transportation, to foster fair competition in harbor transportation business and to contribute to the improvement of facilities of harbor transportation.

(Definitions) Article 2. In this Law, the "harbor transportation" shall mean the following actions which are, at the request of others, performed at port directly connecting with marine transportation (excluding the marine transportation by the vessels on the route operated by the Japanese National Railways): (1) Receiving from a vessel of goods carried by the vessel, or delivery to a vessel of goods to be carried by the vessel, which is operated in the enterpriser's own name; (2) Loading of goods on a vessel or unloading of goods from a vessel; (3) Lightering of goods carried or to be carried by a vessel; (4) Carrying into shed or other cargo handling place (hereinafter simply referred to as "the cargo handling place" ) or unloading from a lighter of goods carried by a vessel, carrying out of the cargo handling place or loading on a lighter of goods to be carried by a vessel, or storing at the cargo handling place of the said goods. 2 In this Law, the "harbor transportation business" shall mean the business of carrying out harbor transportation, irrespective of its object being profitable or unprofitable. 3 In this Law, the "port" shall mean open port as prescribed in the Customs Law (Law No.61 of 1899) and designated by Cabinet Order.

(Classification of Business) Article 3. The harbor transportation business shall be classified as follows: (1) General harbor transportation business (business of performing actions mentioned in the items of paragraph 1 of the preceding Article); (2) Stevedoring business (business performing actions mentioned in paragraph 1 item (2) of the preceding Article); (3) Lighter transportation business (business of performing actions mentioned in paragraph 1 item (3) of the preceding Article); (4) Longshoring business (business of performing actions mentioned in paragraph 1 item (4) of the preceding Article).

CHAPTER II Harbor Transportation Business

(Registration) Article 4. Any person who intends to operate the harbor transportation business shall have his business registered by the Minister of Transportation for each port as for each kind of work as classified in the items of the preceding Article.

(Application for Registration) Article 5. Any person who intends to have his harbor transportation business registered shall submit to the Minister of Transportation an application stating the following matters: (1) Name or title and address; (2) Kind of work as classified in the items of Article 3; (3) Name and locality of place of business; (4) In case of a juridical person, names of its officers. 2 To the application referred to in the preceding Article shall be attached the documents stating matters relating to the applicant's employees and his business equipments and other matters as may be provided for by Ministry of Transportation Ordinance.

(Effectuation of Registration and Notification Thereof) Article 6. In case an application has been made in accordance with the provisions of the preceding Article, the Minister of Transportation shall, except in case the registration is rejected under the provisions of the next Article, immediately enter the matters mentioned in the items of paragraph 1, of the preceding Article, the date of registration and the registration number into the register for harbor transportation enterprisers. 2 The Minister of Transportation shall, in case an entry has been made in accordance with the provision of the preceding paragraph, immediately notify the applicant to that effect.

(Rejection of Registration) Article 7. In case an applicant for registration falls under any of the following items, the Minister of Transportation shall reject the registration: (1) Any person who has been sentenced to a fine or heavier punishment on account of his violation of the provisions of this Law or Article 44 of the Employment Security Law (Law No.141 of 1947) and for whom two years have not elapsed since the day when he finished the execution thereof or he has been remitted thereof; (2) Any person whose registration for harbor transportation business has been cancelled under the provisions of Article 22, and for whom two years have not elapsed since the day when his registration was cancelled; (3) A juridical person of which any of the officers falls under any of the preceding two items; (4) Any person who is found to cause the violation of the provision of Article 16 because of his having no workers and no equipments necessary for operating the harbor transportation business concerned. 2 The Minister of Transportation shall, in case a rejection of registration has been made in accordance with the provision of the preceding paragraph, immediately notify the applicant to that effect furnishing him with the reasons therefor.

(Registration Fee) Article 8. Any applicant for registration shall pay the registration fee at the amount to be fixed by Cabinet Order within the limit not more than 3,000 yen.

(Rates and Charges) Article 9. The person who has his harbor transportation business registered (hereinafter referred to as the "harbor transportation enterpriser" ) shall, in accordance with procedures as provided for by Ministry of Transportation Ordinance, fix rates and charges for each port, report them to the Minister of Transportation by at least thirty days prior to the day when he intends to put it into effect, and make them public by posting them at his places of business in the manner easily recognizable to utilizers. The same shall apply to the case of alteration thereof. 2 In case any person interested considers the rates and charges fixed by the harbor transportation enterpriser in accordance with the provision of the preceding paragraph as unreasonable, he may request the Minister of Transportation to order the harbor transportation enterpriser concerned to alter the said rates and charges within the period fixed in the same paragraph furnishing him with the reasons therefor. 3 In case the Minister of Transportation has received the request mentioned in the preceding paragraph or he considers for himself that the rates and charges fixed by the harbor transportation enterpriser in accordance with the provision of paragraph 1 are unconformable to the standards in the items of the following paragraph, he may order the harbor transportation enterpriser concerned to postpone the time of enforcement of the said rates and charges. 4 In case the Minister of Transportation has issued the order mentioned in the preceding paragraph, he shall examine whether or not the said rates and charges are conformable to the standards as provided for in the following items, after obtaining a report which the Transportation Council will submit to him after giving the harbor transportation enterpriser concerned a full opportunity at a public hearing to be held at the port concerned for making a statement to the effect that the said rates and charges are conformable to the standards as provided for in the following items, and give decision as to whether or not any alteration thereof is necessary, and when he decided that an alteration is necessary, he may order the said harbor transportation enterpriser to alter the said rates and charges furnishing him with the reasons therefor, provided that this shall not apply to the case where thirty days have elapsed since the scheduled day of enforcement as provided for in paragraph 1: (1) To cover a reasonable, cost and include a reasonable profit under the efficient management; (2) Not to make unjust discrimination against the specific utilizers. 5 When, in case the order prescribed in paragraph 3 has been given, thirty days have elapsed since the scheduled day of enforcement prescribed in paragraph 1 or the decision of the Minister of Transportation has been given in accordance with the provision of the preceding paragraph, the harbor transportation enterpriser may put into effect the rates and charges concerned (in case the order of alteration has been given in accordance with the provision of the same paragraph, the rates and charges thus altered) as from the said day.

(Observance of Rates and Charges) Article 10. The harbor transportation enterpriser shall neither receive the rates and charges which are higher or lower than those put into effect under the provisions of the preceding Article, nor shall give rebates of the received rates and charges.

(Terms of Harbor Transportation Contract) Article 11. The person who has his general harbor transportation business registered (hereinafter referred to as the "general harbor transportation enterpriser" ) shall, in accordance with procedures as provided for by Ministry of Transportation Ordinance, fix the terms of harbor transportation contract for each port, report them to the Minister of Transportation by thirty days prior to the day when he intends to put them into effect, and make them public by posting them at his places of business in the manner easily recognizable to utilizers. The same shall apply to the case where he intends to alter them. 2 In case any person interested considers the terms of harbor transportation contract fixed by the general harbor transportation enterpriser in accordance with the provision of the preceding paragraph as unreasonable, he may request the Minister of Transportation to order the general harbor transportation enterpriser concerned to alter the said terms of harbor transportation contract within the period fixed in the same paragraph furnishing his with the reasons therefor. 3 In case the Minister of Transportation has received the request mentioned in the preceding paragraph or he considers for himself that the terms of harbor transportation contract fixed by the general harbor transportation enterpriser in accordance with the provision of paragraph 1 are unconformable to the standards in the items of the following paragraph, he may order the general harbor transportation enterpriser concerned to postpone the enforcement of the terms of the harbor transportation contract concerned. 4 In case the Minister of Transportation has issued the order mentioned in the preceding paragraph, he shall examine whether or not the said terms of harbor transportation contract are conformable to the standards as provided for in the following items, after obtaining a report which the Transportation Council will submit to him after giving the general harbor transportation enterpriser concerned a full opportunity at a public hearing to be held at the port concerned for making a statement to the effect that the said terms of harbor transportation contract are conformable to the standards as provided for in the following items, and give decision as to whether or not any alteration thereof is necessary, and when he decided that alteration is necessary, he may order the said general harbor transportation enterpriser to alter the said terms of harbor transportation contract furnishing him with the reasons therefor, provided that this shall not apply to the case where thirty days have elapsed since the scheduled day of enforcement as provided for in paragraph 1: (1) To involve no fear to hamper the legitimate interest of utilizers; (2) To decide clearly at least, the matters relating to the receiving and delivery of goods, and the responsibilities of the general harbor transportation enterpriser. 5 When, in case the order prescribed in paragraph 3 has been given, thirty days have elapsed since the scheduled day of enforcement prescribed in paragraph 1 or the decision of the Minister of Transportation has been given in accordance with the provision of the preceding paragraph, the general harbor transportation enterpriser may put into effect the terms of harbor transportation contract concerned (in case the order of alteration has been given in accordance with the provision of the same paragraph, the terms thus altered) as from the said day.

(Notice of Rates and Charges and Terms of Harbor Transportation Contract) Article 12. The harbor transportation enterpriser shall post a notice on the rates and charges and the terms of harbor transportation contract which have been put into effect in accordance with the provisions of Article 9 and the preceding Article at his places of business in the manner easily recognizable to utilizers.

(Deposit of Undeliverable Goods) Article 13. The general harbor transportation enterpriser may, in case he is incapable of making delivery of goods for the reason which he is not responsible for, deposit them with a warehouseman at the expense of the consignee concerned. 2 The general harbor transportation enterpriser shall, in case he has deposited goods in accordance with the provision of the preceding paragraph, notify the consignee concerned to that effect without delay.

(Prohibition of Utilization of Name) Article 14. The harbor transportation enterpriser shall not make any other person utilize his name for the harbor transportation business.

(Prohibition of Discriminative Treatment, etc.) Article 15. The harbor transportation enterpriser shall not make any unjust discrimination against a specific utilizer because of the volume of cargo offered or any other reasons.

(Prohibition of Lump Sub-Contracting) Article 16. The harbor transportation enterpriser shall, when he has contracted for harbor transportation, carry out for himself at least a part of the action mentioned in Article 2, item (2), (3) or (4).

(Report on Alteration, Etc.) Article 17. The harbor transportation enterpriser shall, in case any alteration has occurred in the matters specified in the items of Article 5 paragraph 1, report to that effect to the Minister of Transportation within thirty days from the day when the reason therefor was caused. 2 The provisions of Article 6 and Article 7 shall apply mutatis mutandis to the case where a report on alteration has been made in accordance with the provision of the preceding paragraph. 3 The harbor transportation enterpriser shall, in case he has changed the worker in his employment and his business equipments as provided for by Ministry of Transportation Ordinance, report within thirty days to the Minister of Transportation to that effect.

(Succession and Amalgamation) Article 18. In case a succession or an amalgamation has taken place as to the harbor transportation enterpriser, the successor (if, in case there are two or more successors, the person who is to succeed to the business has been decided by mutual agreement, the said person) or the juridical person who continues to exist after amalgamation or who is established as a result of the amalgamation shall succeed to the position of the harbor transportation enterpriser as provided for by this Law. 2 A person who has succeeded to the position of the harbor transportation enterpriser in accordance with the provision of the preceding paragraph, shall report to the Minister of Transportation to that effect within thirty days from the day when the same reason was caused.

(Transfer of Business) Article 19. In case a harbor transportation enterpriser has transferred his harbor transportation business, the transferee shall succeed to the position of the transferer as provided for by this Law. 2 The provision of paragraph 2 of the preceding Article shall apply mutatis mutandis to the case where the transfer under the preceding paragraph was effected.

(Discontinuance of Business) Article 20. The harbor transportation enterpriser shall, in case he has discontinued his business, report within thirty days to the Minister of Transportation to that effect.

(Striking out the Registration) Article 21. In the case falling under any of the following items, the Minister of Transportation shall strike out the harbor transportation enterpriser concerned on the register: (1) In case a report has been made in accordance with the provision of the preceding Article; (2) In case the registration of harbor transportation business has been cancelled in accordance with the provisions of the next Article.

(Suspension of Business and Cancellation of Registration) Article 22. The Minister of Transportation may, in case a harbor transportation enterpriser falls under any of the following items, order him to suspend his business within three months or cancel the registration of the harbor transportation business concerned: (1) In case he has contravened this Law or a disposition made thereunder; (2) In case he has come to fall under the provision of Article 17 paragraph 1 item (1) or item (3). 2 The Provision of Article 7 paragraph 2 shall apply mutatis mutandis to the case where the dispositions under the preceding paragraph are made.

CHAPTER III Mortgage of Harbor Transportation Business

(Establishment of Harbor Transportation Business Foundation) Article 23. The harbor transportation enterpriser may establish harbor transportation business foundation to place the mortgage on it.

(Constitution of the Foundation) Article 24. The harbor transportation business foundation may be constituted by the whole or part of properties as listed below, which belong to the same harbor transportation enterpriser and are related to the harbor transportation business: (1) Sheds, stevedoring machines and other cargo handling facilities, and sites thereof; (2) Lighters and tugs; (3) Offices, other buildings necessary for the harbor transportation business and sites thereof; (4) Superficies which the enterpriser holds on the immovables belonging to other persons for the purpose of possessing or using the structures mentioned in item (1) or the preceding item, the lease registered, and the servitude existing for the land mentioned in item (1) or the preceding item; (5) Tools and machines necessary for the operation of harbor transportation business.

(Restriction on Establishment of the Foundation) Article 25. The harbor transportation enterpriser cannot establish harbor transportation business foundation unless he is possessed of any of the immovables as mentioned in item (1) or item (3) of the preceding Article.

(Mutatis Mutandis Application of the Factory Mortgage Law) Article 26. In addition to the provisions of this Law, the provisions concerning the factory foundation as contained in the Factory Mortgage Law (Law No.54 of 1905) shall apply mutatis mutandis to the harbor transportation business foundation. In this case, "location of the factory" in Articles 17 and 45 of the said Law shall read "location of the immovables mentioned in Article 24 item (1) or (3) of the Harbor Transportation Business Law" .

(Report on Establishment of the Foundation) Article 27. When the harbor transportation enterpriser has established harbor transportation business foundation, he shall report to that effect to the Minister of Transportation without delay.

(Continuance of Existence of Harbor Transportation Business Foundation) Article 28. The harbor transportation business foundation shall not cease to exist because the owner thereof has become a person other than a harbor transportation enterpriser.

CHAPTER IV Miscellaneous Provisions

(Administrative Appeal) Article 29. Any person who has a complaint against a disposition made by the administrative agency under the provisions of this Law or of the order issued thereunder, may make an administrative appeal against such disposition.

(Delegation of Official Powers) Article 30. Such part of the powers vested to the Minister of Transportation under this Law as specified in Cabinet Order, shall be exercised by the Chief of Regional Maritime Bureau (meaning the Chief of Regional Maritime Bureau referred to in Article 39 of the Ministry of Transportation Establishment Law (Law No.157 of 1949)).

(Deference of the Opinion of Transportation Council) Article 31. With regard to the rejection of registration prescribed in Article 7 paragraph 1, the matters relating to the alteration of rates and charges or of terms of harbor transportation contract under the provisions of Article 9 or 11, or the disposition prescribed in Article 22, the Minister of Transportation shall refer to the Transportation Council and put it into execution in deference to the decision thereof.

(Notification, etc. to the Port Management Body) Article 32. With regard to the matters relating to the alteration of rates and charges or terms of harbor transportation contract under the provisions of Article 9 or 11 in the port where the Port Management Body as provided for by the Port and Harbor Law (Law No.218 of 1950)(hereinafter simply referred to as the "Port Management Body" ) has been established, the Minister of Transportation shall ask the opinion of the Port Management Body concerned. 2 In case the Minister of Transportation has effected the registration prescribed in Article 6 paragraph 1 in respect to the harbor transportation business operated in the port where the Port Management Body has been established, and in case he has stricken out the registration under the provisions of Article 22, he shall notify the Port Management Body concerned to that effect.

(Collection of Report, Etc.) Article 33. When the Minister of Transportation deems it necessary for securing the enforcement of this Law, he may make the harbor transportation enterpriser submit a report on the use of lighters and other matters relating to his business. 2 When the Minister of Transportation deems it necessary for securing the enforcement of this Law, he may have his official visit the office or place of business or lighter or tug of the harbor transportation enterpriser in order to inspect books, documents and other articles. 3 In carrying out the inspection in accordance with the provision of the preceding paragraph, the official concerned shall carry with him a certificate testifying his status, and shall upon request show the certificate to the interested person. 4 The authority for the inspection provided for in paragraph 2 shall not be construed as being enabled for the purpose of criminal search.

CHAPTER V Penal Provisions

Article 34. Any person who falls under any of the following items shall be liable to a fine not exceeding 50,000 yen: (1) A person who has operated the harbor transportation business in violation of the provision of Article 4; (2) A person who has violated the provision of Article 14.

Article 35. Any person who falls under any of the following items shall be liable to a fine not exceeding 30,000 yen: (1) A person who has received the rates or charges without making a report as provided for in Article 9 paragraph 1 or in violation of the order of postponement under paragraph 3 of the same Article or the order of alteration under paragraph 4 of the same Article; (2) A person who has violated the provision of Article 10; (3) A person who has put into effect the terms of harbor transportation contract without making a report as provided for in Article 11 paragraph 1 or in violation of the order of postponement under paragraph 3 of the same Article or the order of alteration under paragraph 4 of the same Article; (4) A person who has violated the provision of Article 16; (5) A person who has violated the disposition to suspend the business taken under Article 22 paragraph 1.

Article 36. In case any representative of a juridical person, proxy, employee and other worker of a juridical person or of a natural person has done any offence as prescribed in the preceding two Articles in respect of the business of the juridical person or natural person, not only the actual offender shall be punished but also the said juridical or natural person shall be liable to the fine prescribed in the same Article. However, this shall not apply to the case where it has been proved that due care and supervision have been exercised in connection with the said business in order to prevent such offence by the proxy, employee or other worker thereof.

Article 37. Any person who falls under any of the following items shall be liable to administrative fine not exceeding 30,000 yen: (1) A person who has posted no notice or a false notice in violation of the provisions of Article 9 paragraph 1, Article 11 paragraph 1 or Article 12; (2) A person who has made no report or a false report in violation of the provisions of Article 17 paragraph 1 or 3, Article 18 paragraph 2 (including the case of application mutatis mutandis in Article 19 paragraph 2) or Article 20; (3) A person who has made no report or a false report in violation of the provision of Article 33 paragraph 1; (4) A person who has rejected or disturbed or evaded the inspection prescribed in Article 33 paragraph 2.