PILOTS ORDINANCE

PILOTS ORDINANCE

CHAPTER 81.

THE PILOTS ORDINANCE.

Section ARRANGEMENT OF SECTIONS. page

1. Short title ............................. ... ... ... ... ... 507
2. Interpretation .......................... ... ... ... ... ... 507

3. Licensing of pilots ..................... ... ... ... ... ... 507

4. Regulations ................................ ... ... . ... . 507

5. Examination of applicant for licence or renewal ... ... 508

6. Examination of sight and physical fitness 508

7. Licensing of pilots to involve no liability on Director 508
8. Form of pilot's licence and production and return thereof 509

9. Revocation and suspension ............... ... ... ... ... 509

10. Appeal .................................... ... ... ... ... ... 509

11. Prohibition of unlicensed pilots .......... ... ... 510
12. Person deemed to be piloting ship . ... ... . 510

13. Copies of pilotage provisions to be furnished to pilot ... 510

14. Overcarriage of pilots .................... ... ... ... ... 510

15. Obligation to produce pilot's licence ... ... ... ... ... 511

16. Fraudulent personation .................... . ... ... ... 511

17. Penalty on pilot for endangering ship, life or limb ... 511

18. Penalty on obtaining charge of ship by misrepresentation - . 512

19. Offences by pilots ..................... ... ... ... ... ... 512

29. Recovery of pilotage dues .............. ... ... ... ... 512

21. Receiving or offering improper rates ... ... ... ... 513

22. Pilotage rate for leading ships ........... ... ... ... ... 513

23. Claims for damige to Government praperty .... ... ... 513

24. Damage arising from negligence or incapacity ... ... 513

25. Assessor ............................... ... ... ... ... 514

26. Application of Ordinance ............... ... ... ... 514

27. Offences and penalties ..................... ... ... ... ... 514

28. Pilotage not compulsory.................... ... ... ... ... 514





CHAPTER 81.
PILOTS.

To provide for and regulate the employment of pilots.

[3rd October, 1930.]

1. This Ordinance may be cited as the Pilots Ordinance.

2. In this Ordinance-

'Director' means Director of Marine and any Deputy or

Assistant Director of Marine;

'ship' includes every description of vessel used in naviga-

tion, over sixty tons net register, propelled by machinery.

3. (1) Subject to the provisions of this Ordinance, the Director may
license pilots for the waters of the Colony.

(2) Subject to the provisions of section 8, every pilot's licence
shall remain in force until the 31st day of December next following the
issue or renewal of the licence.

(3) The Director shall keep a register of the names and addresses
of pilots licensed under this Ordinance.

(4) Every licensed pilot shall furnish to the Director an address
within the Colony to which all communications may be sent and shall
forthwith notify the Director of any change of such address.

(5) No person shall be licensed as a pilot who is not a British
subject: Provided that this prohibition shall not apply to any person
who may be specially exempted by the Governor in Council from the
provisions of this subsection.

4. The Governor in Council may by regulations prescribe,---
orprovide for

(a) the licensing and regulation of pilots;

(b)fees to be paid in respect of licences and examinations
required under this Ordinance, remuneration to be paid to
examiners, and the amounts to be paid to licensed pilots in
respect of pilotage services,





in this Ordinance referred to as pilotage dues, and in respect
of other matters;

(c)any other purpose which the Governor in Council may think
desirable in connexion with the provision or regulation of a
pilotage service.

5. (1) Every person applying for a licence, aiid should the Director
deem it necessary, every person applying for the renewal of a licence,
shall, before such licence or renewal is granted, pass such examination
as the Director shall from time to time direct.

(2) The said examination shall be conducted by a standing board of
examiners appointed for such purpose and for the purpose of section 9
by the Governor. The person nominated by the Governor as president
and two members may in any case form a quorum.

(3) All tests which may be required in such examination for sight
or physical fitness shall be conducted under the supervision of a
medical offi officer appointed by the Director of Medical and Health
Services who shall report to the Director whether in the opinion of
such medical officer the sight and physical fitness of the applicant are
such as to justify the grant to him of a pilot's licence.

6. All licensed pilots shall be required to pass an examination for
sight and physical fitness whenever the Director deems it necessary
and at least once in every five years from the date of the last such
examination. Such examination shall be conducted under the
supervision of a medical officer appointed by the Director of Medical
and Health Services who shall report to the Director whether in the
opinion of such medical officer the sight and physical fitness of the
pilot are such as to justify the renewal of his pilot's licence. No licence
shall be valid for any pilot who fails to pass this examination.

7. The grant or renewal of a licence to a pilot by the Director under
the powers given by this Ordinance shall not impose any liability on
the Director for any loss or damage occasioned by any act or default of
the pilot.





8. (1) A pilot's licence shall be in the form provided for the tisne
being by the regulations made under this Ordinance.

(2) A licensed pilot shall produce his licence whenever so required
by the Director or any officer of the Marine Department not below the
rank of marine officer, and in case his licence is revoked or suspended
shall forthwith deliver up his licence to the Director.

(3) On the death of a licensed pilot any person into whose hands
his licence may come shall forthwith transmit it to the Director.

9. (1) The Director may suspend or revoke any pilot's licence if it
appears to him, after giving the holder thereof an opportunity of being
heard, that such pilot has been guilty of any contravention of this
Ordinance or of any regulation made thereunder or that lie has been
guilty of any misconduct affecting his capability as a pilot or that he
has failed in or neglected his duty as a pilot or that he has become
incompetent to act as a pilot, and a licence if so revoked shall cease to
have effect and if so suspended shall cease to have effect for the
period for which it was suspended.

(2) For the purpose of the preceding subsection the Director may in
his discretion in any particular case or cases request the advice of the
standing board of examiners appointed under section 5. The
recommendation of the board shall not be disclosed to any person
affected thereby before submission to the Director, who shall not
necessarily be required to act in accordance with the terms thereof.

10. (1) An appeal from any act done or decision given by the
Director or any authority under this Ordinance or under any of the
regulations made thereunder, other than the decision, sentence, order
or judgment of a court of law, shall unless otherwise provided for fie to
the Governor in Council, whose decision shall be final.

(2) Such appeal shall be by way of petition and such petition shall,
unless the Governor in Council extends the time, be presented not later
than fourteen days after such





act or decision lias been communicated to the person affected.

(3)(a) If the person affected be a licensed pilot such
communication may be by letter sent by registered post to
the person affected at the address given in the register of
licensed pilots kept by the Director.

(b)If the person affected be not a licensed pilot such
communication may be by letter sent by registered post
addressed to such person at his last known place of
residence.

(4) For the purposes of this Ordinance, if the communication be
sent by registered post the act or decision aforesaid shall be deemed
to be communicated to the person affected at the time of registration of
the said letter.

11. (1) No person other than the master or a seaman being bona
fide one of the crew of the ship who is not licensed as a pilot under
this Ordinance shall pilot or attempt to pilot any ship within the waters
of the Colony.

(2) The master of a ship shall not know ingly employ an
unlicensed pilot to pilot the ship within the waters of the Colony.

12. If while a ship is under way any person, other than the master
or a seaman being bona fide one ol the crew of the ship, is on the
bridge of a ship or in any other posifion (whether on board the ship or
elsewhere) from which the ship is navigated, that person shall for the
purposes of this Ordinance be deemed to be piloting the ship unless
the contrary is proved.

13. (1) The Director shall cause every pilot licensed by him to be
furnished with a copy of this Ordinance as amended for the time being
and with a copy of any regulations made thereunder for the time being
in force.

(2) A licensed pilot shall produce any copy so furnished to him to
the master of any ship or other person employing him when required to
do so.

14. (1) No master of a ship shall except under circumstances of
unavoidable necessity take a licensed pilot without





his consent beyond the waters of the Colony, or beyond the point to
which he has been engaged to pilot the ship.

(2) When a licensed pilot is taken beyond the waters of the Colony
or beyond the point up to which he has been engaged to pilot the ship,
either without his consent or under circumstances of unavoidable
necessity, he shall be entitled over and above his pilotage dues to
maintenance and to such sum per day as may be prescribed by
regulation, and any sums so payable shall be due and recoverable in
the same manner as pilotage dues.

(3) The sum so to be paid shall be computed from and inclusive of
the day on which the ship passes beyond the waters of the Colony or
the point up to which the pilot was engaged to pilot her, and up to and
inclusive of either the day of his being returned in the said ship to the
Colony or, if he is discharged from the ship at a distance from the
Colony, such day as will allow him sufficient time to return to the
Colony, and in the last mentioned case he shall be entitled to his
reasonable travelling expenses.

15. Every licensed pilot when acting as such shall be provided
with his licence and shall, if requested, produce it to any person by
whom he is employed or to whom he offers his services as pilot.

16. No person who is not a licensed pilot shall falsely represent
himself to be a licensed pilot, either by means of using a licence which
he is not entitled to use or by any other means.

17. If any person when piloting a ship, by wilful breach of duty or
by neglect of duty or by reason of drunkenness or without lawful
excuse-

(a)does any act tending to the immediate loss, destruction or
serious damage of the ship, or tending immediately to
endanger the life or limb of any person whatsoever; or

(b)refuses or omits to do any lawful act proper and requisite to
be done by him for preserving the ship from loss, destruction
or serious damage, or for preserving any person whatsoever
from danger to life and limb,





such person shall upon summary conviction be liable to a fine of two
thousand dollars and to imprisonment for one year.

18. No person shall, by wilful misrepresentation of circumstances
upon which the safety of a ship may depend, obtain or endeavour to
obtain the charge of that ship.

19. No licensed pilot shall-

(a) lend his licence;

(b) act as a pilot whilst suspended;

(c) act as a pilot when in a state of intoxication;

(d)refuse or wilfully delay when not prevented by illness or
other reasonable cause to pilot any ship within the waters of
the Colony upon the signal for a pilot being made by that
ship or upon being required to do so by the master, owner,
agent or consignee thereof or by the Director or any officer
acting under him;

(e)unnecessarily cut or slip or cause to be cut or slipped any
cable belonging to any ship;

(f) refuse otherwise than on reasonable ground of danger to the
ship, when requested by the master, to conduct the ship
which he is piloting into any port or place within the waters
of the Colony; or

(g)quit the ship which he is piloting before the service for
which he was engaged has been performed and without the
consent of the master of the ship.

20. (1) The following persons shall be liable to pay pilotage dues
for any ship for which the services of a licensed pilot are obtained,
namely-

(a) the master, owners and charterers;

(b)as to pilotage inwards, such consignees or agents as have
paid or made themselves liable to pay any other charge on
account of the ship in the port of her arrival or discharge;

(c)as to pilotage outwards, such consignees or agents as have
paid or made themselves liable to pay any other charge on
account of the ship in the port of her departure.





(2) Any such dues may be recovered before a magistrate
summarily as a civil debt.

(3) It shall be lawful for the Director at any time whatsoever to
withhold the port clearance from any ship as to which a claim for
pilotage dues may be made till such dues are paid or security is given
for the same.

(4) Any consignee or agent (not being the owner or master of the
ship) who is hereby made liable for the payment of pilotage dues in
respect at any ship may out of any moneys received by him on account
of that ship or belonging to the owner thereof retain the amount of all
dues paid by him together with any reasonable expenses he may have
incurred by reason of the payment of the dues or his liability to pay the
dues.

21. A licensed pilot shall not demand or receive, and a master shall
not offer or pay to any licensed pilot, dues in respect of pilotage
services at any other rates whether greater or less than the rates which
may be demanded by law.

22. If any boat or ship having on board a licensed pilot leads any
ship which has not a licensed pilot on board when the last mentioned
ship cannot from particular circumstances be boarded, the pilot so
leading the last mentioned ship shall be entitled to the full pilotage rate
as if he had actually been on board and had charge of that ship.

23. Claims brought against the master, owners, charterers or
agents of any ship carrying a pilot for damage done by the ship to any
beacon, buoy, harbour mark, mooring or other Government property
may without prejudice to any other mode of recovery be recovered
before a magistrate summarily as a civil debt. Such claims shall be made
by the Director by way of complaint in writing setting out the damage
and the claim in respect thereof.

24. Nothing in this Ordinance shall be held to excuse or indemnify
any licensed pilot for any damage arising from his neglect or incapacity
in performing the duties of his office.




25. In summary proceedings under this Ordinance, a

magistrate may, if he thinks fit, call upon the the Director to sit with him as
an assessor.

26. This Ordinance shall apply to all ships, British and foreign,
except ships of war and ships belonging to any department of His
Majesty's Government or to the Colonial Government or to any foreign
state.

27. (1) Any person who contravenes any of the provisions of this
Ordinance for which no penalty is specially provided shall be guilty of
an offence and shall upon summary conviction be liable to a fine of
five hundred dollars.

(2) Regulations under section 4 may declare any breach of any
such regulation to be an offence and may prescribe penalties therefor:
Provided that no penalty so prescribed shall exceed a fine of five
hundred dollars.

28. Nothing in this Ordinance shall be deemed to make the
employment of any pilot within the waters of the Colony compulsory.
Originally 11 of 1930. Fraser 11 of 1930. 22 of 1950. 24 of 1950. Short title. Interpretation. Licensing of pilots. 2 & 3Geo. 5, c. 31, s. 16. Regulations. [s. 4 cont.] Examination of applicant for licence or renewal. 24 of 1950, Schedule. Examination of pilots for sight and physical fitness. Licensing of pilots by Director not to involve any liability 2 & 3 Geo. 5, c. 31, s. 19. Form of pilot's licence and production and return of pilot's licence to Director. 2 & 3 Geo. 5, c. 31, s. 20. Revocation and suspension of licences. 2 & 3 Geo. 5, c. 31, s. 26. 24 of 1950, Schedule. Appeal. [s. 10 cont.] Prohibition of unlicensed pilots. Person deemed to be piloting ship. 2 & 3 Geo. 5, c. 31, s. 30 (5). Copies of pilotage provisions to be furnished to pilot. 2 & 3 Geo. 5, c. 31, s. 33. Overcarriage of pilots. 2 & 3 Geo. 5, c. 31, s. 34. Obligation to produce pilot's licence. 2 & 3 Geo. 5, c. 31, s. 36. Fraudulent personation. 2 & 3 Geo. 5, c. 31, s. 37. Penalty on pilot endangering ship, life or limb. 2 & 3 Geo. 5, c. 31, s. 46. [s. 17 cont.] 22 of 1950, Schedule. Penalty on person obtaining charge of a ship by misrepresetation. 2 & 3 Geo. 5, c. 31, s. 47. Offences by pilots. 2 & 3 Geo. 5, c. 31, s. 48. Recovery of pilotage dues. 2 & 3 Geo. 5, c. 31, s. 49. Receiving or offering improper rates of pilotage. 2 & 3 Geo. 5, c. 31, s. 50. Pilotage rate for leading ships. 2 & 3 Geo. 5, c. 31, s. 51. Claims for damage to Government property. Damage arising from negligence or incapacity. Assessor. Application of Ordinace. 2 & 3 Geo. 5, c. 31, s. 61. Offences and penalties. Pilotage not compulsory.

Originally 11 of 1930. Fraser 11 of 1930. 22 of 1950. 24 of 1950. Short title. Interpretation. Licensing of pilots. 2 & 3Geo. 5, c. 31, s. 16. Regulations. [s. 4 cont.] Examination of applicant for licence or renewal. 24 of 1950, Schedule. Examination of pilots for sight and physical fitness. Licensing of pilots by Director not to involve any liability 2 & 3 Geo. 5, c. 31, s. 19. Form of pilot's licence and production and return of pilot's licence to Director. 2 & 3 Geo. 5, c. 31, s. 20. Revocation and suspension of licences. 2 & 3 Geo. 5, c. 31, s. 26. 24 of 1950, Schedule. Appeal. [s. 10 cont.] Prohibition of unlicensed pilots. Person deemed to be piloting ship. 2 & 3 Geo. 5, c. 31, s. 30 (5). Copies of pilotage provisions to be furnished to pilot. 2 & 3 Geo. 5, c. 31, s. 33. Overcarriage of pilots. 2 & 3 Geo. 5, c. 31, s. 34. Obligation to produce pilot's licence. 2 & 3 Geo. 5, c. 31, s. 36. Fraudulent personation. 2 & 3 Geo. 5, c. 31, s. 37. Penalty on pilot endangering ship, life or limb. 2 & 3 Geo. 5, c. 31, s. 46. [s. 17 cont.] 22 of 1950, Schedule. Penalty on person obtaining charge of a ship by misrepresetation. 2 & 3 Geo. 5, c. 31, s. 47. Offences by pilots. 2 & 3 Geo. 5, c. 31, s. 48. Recovery of pilotage dues. 2 & 3 Geo. 5, c. 31, s. 49. Receiving or offering improper rates of pilotage. 2 & 3 Geo. 5, c. 31, s. 50. Pilotage rate for leading ships. 2 & 3 Geo. 5, c. 31, s. 51. Claims for damage to Government property. Damage arising from negligence or incapacity. Assessor. Application of Ordinace. 2 & 3 Geo. 5, c. 31, s. 61. Offences and penalties. Pilotage not compulsory.

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