Testimony of Ross A. Klein, PhD Before the Senate Committee on Commerce, Science, and Transportation Hearings on “Cruise Industry Oversight: Recent Incidents Show Need for Stronger Focus on Consumer Protection” Thursday, July 24, 2013 Russell Senate Office Building Room #253 Ross A. Klein, PhD, is an international authority on the cruise ship industry. He has published four books, six monographs/reports for nongovernmental organizations, and more than 30 articles and book chapters. He is a professor at Memorial University of Newfoundland in St. John’s, Newfoundland, Canada and is online at www.cruisejunkie.com. His CV can be found at www.cruisejunkie.com/vita.pdf He can be contacted at
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[email protected] TABLE OF CONTENTS Oral testimony 3 Written Testimony 5 I. Safety and Security of Cruise Ships 5 The Nature of the Problem 6 Lessons to be Learned from These Events 9 The Relative Absence of Reliable Data 10 Frequency and Types of Events 10 Discernable Insights from Data 11 Learning from Success, Not Just Accidents 14 Regulation and Oversight of the Cruise Industry 15 II. Safety and Security of Cruise Passengers 17 Scope of the Problem 17 The Cruise Vessel Security and Safety Act of 2010 18 From Hearings to Legislation 21 Persons Overboard 21 Sexual Assaults 22 Prevention 23 Intervention 25 Investigation 28 Prosecution 30 Other Crimes 30 III. Consumer Rights and Cruise Ship Liability 31 CLIA Bill of Rights 31 The Right to Disembark a Docked Ship 32 The Right to a Full Refund 33 The Right to Medical Care 33 The Right to Timely Information 34 The Right to Trained Crew 35 The Right to an Emergency Power Source 35 The Right to Transportation 36 The Right to Lodging 37 The Right to a Toll-Free Number 37 The Right to Have Published 38 CLIA Passenger Bill of Rights and the Cruise Contract 37 What the CLIA Passenger Bill of Rights Does Not Include 39 Passenger Rights 39 Cruise Line Rights 42 Issues of Liability 44 1 Illness Outbreaks 44 Independent Contractors 46 Medical Care 46 Shore excursions 47 Sexual Assaults 48 Limit of Liability 49 IV.