The Marine Transportation Law (Law No.187 of 1949) shall be partially amended as follows:
Article 2 paragraph 3 shall be amended as follows:
3 The "liner service enterprise" within the meaning of this Law shall mean the ship-operation business to engage in such transportation with vessels on definite routes and schedules as previously made public, and is divided into passenger liner service enterprise and cargo liner service enterprise.
Article 2 paragraph 4 shall be made paragraph 6 of the same Article, the preceding paragraphs shall be moved down by two accordingly and the following two paragraphs shall be added next to paragraph 3 of the same Article:
4 The "passenger liner service enterprise" within the meaning of this Law shall mean the liner service enterprise to be operated with passenger-boats (vessels having passenger complement of 13 persons or more;hereinafter the same) and "cargo liner service enterprise" shall mean all other kinds of liner service enterprise.
5 The "tramp service enterprise" within the meaning of this Law shall mean the ship-operation business other than the liner service enterprise.
The following one paragraph shall be added next to Article 2 paragraph 12:
13 The "terminal operation" within the meaning of this Law shall mean any operation carrying on the forwarding agency in direct connection with a liner service enterprise, or the business of furnishing a liner service enterprise with mooring facilities or cargo handling facilities;and the "terminal operator" shall mean the person who is carrying out terminal operation.
In Articles 3, 4, 7, 8, 17 and 18, "liner service enterprise" shall be amended as "passenger liner service enterprise" and in Articles 8 to 16 inclusive, 18 and 19, "liner service enterpriser" as "passenger liner service enterpriser" .
The following three Articles shall be added next to Article 19:
(Report on the Cargo Liner Service Enterprise)
Article 19-(2). Any person who intends to operate the cargo liner service enterprise shall report to the Minister of Transportation to that effect for each route before ten days prior to the day when he intends to commence the said enterprise in accordance with procedures provided for by Ministerial Ordinance.
2 In cases where a person operating the cargo liner service enterprise has discontinued his enterprise, he shall report to the Minister of Transportation to that effect for each route within thirty days from the day of discontinuance of the enterprise in accordance with procedures provided for by Ministerial Ordinance.
(Public Notice, Etc. of Tariffs)
Article 19-(3). In cases where a person operating the cargo liner service enterprise intends to transport, on the routes concerned, cargoes (other than coal, grains in bulk and such other bulky cargoes as will be designated by Ministerial Ordinance), he shall prepare tariffs, make them public and report them to the Minister of Transportation in accordance with procedures provided for by Ministerial Ordinance before putting them into force.
(Application with Necessary Modifications to the Transportation of Cargo by Passenger-Boat)
Article 19-(4). The provision of the preceding Article shall apply mutatis mutandis to the case where a passenger liner service enterpriser carries cargoes other than baggage and parcel cargo by passenger-boats which he operates on the route concerned.
The following one Article shall be added next to Article 20:
(Overseas Liner Service Enterprise)
Article 20-(2). The provisions of Articles 3 to 19 inclusive and 20 shall not apply to any liner service enterprise to be operated on definite routes between a port in Japan (meaning Honshu, Hokkaido, Shikoku, Kyushu and their insular appendices specified by Ministerial Ordinance;hereinafter the same) and that in areas outside of Japan or between ports in areas outside of Japan (hereinafter referred to as "the overseas liner service enterprise" ).
2 Any person who operates the overseas liner service enterprise shall report to the Minister of Transportation to that effect for each route within thirty days from the day of commencement of his enterprise in accordance with procedures provided for by Ministerial Ordinance.
3 In cases where a person operating the overseas liner service enterprise has discontinued his enterprise, he shall report to the Minister of Transportation to that effect for each route within thirty days from the day of discontinuance of the enterprise in accordance with procedures provided for by Ministerial Ordinance.
In Article 21 paragraph 1, "the liner service enterpriser" shall be amended as "the person who operates the liner service enterprise (hereinafter referred to as" the liner service enterpriser ")" .
In Article 26 paragraph 1, next to "extremely insufficient," shall be added "insofar as a navigation effected between ports in Japan is concerned,"
In Article 28 item (3), next to "upon a shipper" shall be added "unfairly or unjustly" .
Article 30 item (3) shall be deleted and the following three items shall be added next to item (2):
(3) To transport cargoes at more or less than the rates or charges fixed in the tariffs which have been reported in accordance with the provision of Article 19-(3)(including the case of mutatis mutandis application of the said Article under Article 19-(4), by means of false billing, false application of tariffs as to item or class of the cargoes false weighing, or any other unjust or unfair device;
(4) To enter into any combination, agreement, or understanding, express or implied, with respect to transportation of persons or property, that admits only upon unjustly discriminative terms as compared with other parties thereto or excludes except for just and reasonable cause any ship operator who has applied for admission thereto;
(5) To enter into any combination, agreement, or understanding, express or implied, with respect to transportation of persons or property, that attempts to fix any rate, or charge which is unjustly discriminative in shippers or ports, or unjustly discriminative to Japanese exporters as compared with their foreign competitors or which is otherwise unjust or unreasonable.
The following two Articles shall be added next to Article 30:
(Application with Necessary Modifications to the Terminal Operator)
Article 30-(2). The provisions of Articles 28 (excluding the provisions mentioned in the respective item) and 29 shall apply mutatis mutandis to the conference activity, etc. which a terminal operator will make with other terminal operator with respect to the terms on which it renders service in its terminal operation, provided that this shall not apply if the ship-operator carrying out a ship-operation business connected with the said terminal operation is not making a conference activity, etc. with other ship-operator.
2 The provisions of the preceding Article shall apply mutatis mutandis to the cases where a terminal operator has made a conference activity, etc. as referred to in the preceding paragraph.
(Acts of Shipper to Be Prohibited)
Article 30-(3). It shall be unlawful for any shipper, in collusion with a liner service enterpriser, by means of receiving a false bill, false application of tariffs as to item or class of the cargoes, false weighing, or by any other extremely unjust or unfair device, to make such liner service enterpriser undertake the transportation of cargo at less than the rates or charges fixed in the tariffs which have been reported in accordance with the provision of Article 19-(3)(including the case of mutatis mutandis application of the said Article under Article 19-(4).
In Article 31, "any item of the preceding Article" shall be amended as "any item of Article 30 (including the case of mutatis mutandis application of the respective item under Article 30-(2) paragraph 2)" .
In Article 42, "liner service enterprise" shall be amended as "passenger liner service enterprise" .
Article 42-(2) shall be amended as follows:
In Article 47, "liner service enterprise" shall be amended as "passenger liner service enterprise" .
The following two Articles shall be added next to Article 47-(2):
Article 47-(3). Any person who has violated the provision of Article 30 item (3) shall be liable to a fine not exceeding \50,000.00.
Article 47-(4). Any person who has violated the provision of Article 30-(3) shall be liable to a fine not exceeding \30,000.00.
In Article 48 item (6), "(including the case of mutatis mutandis application of the said Article under Article 30-(2) paragraph 1)" shall be added next to "Article 29" .
Article 49 shall be amended as follows:
Article 49. Any person who has fallen under any of the following items shall be liable to a non-criminal fine not exceeding \10,000.00:
(1) A person who has made no report or a false report in violation of the provisions of Article 19-(2), Article 20-(2) paragraph 2 or 3, Article 23 or 24 (including the case of mutatis mutandis application of the respective Article under Article 33);
(2) A person who has violated the provision of Article 19-(3)(including the case of mutatis mutandis application of the same Article under Article 19-(4).
In paragraph 2 of the Supplementary Provisions, "two years" shall be amended as "four years" .