4. |
- Subject to the provisions of the Act, the Authority shall
organize and ensure the provision of pilotage services
in the ports by entering into a pilotage agreement in
terms of regulation 6(1) with a service provider.
- If a service provider fails to provide the pilotage
service in accordance with these regulations and with
the pilotage agreement, in cases of emergency the
Authority may seek to engage competent persons so as
to ensure the proper running of the pilotage service.
- Prior to entering into an agreement with a service
provider, the Authority shall ensure that the structure
of the entity is such as to allow for the adequate
provision of pilotage services in accordance with these
regulations and the pilotage agreement.
- The Authority shall establish, in accordance with the pilotage agreement, the number of licensed pilots required for the
provision of pilotage services at any one time taking into account
market considerat ions and the eff icacy of the service to be
provided.
- Pilotage shall be under the supervision and regulation of the
Authority.
|
4A. |
- The ports specified in Part III of the Schedule to the
Act shall be compulsory pilotage ports and all ships, other than
ships excepted under sub-regulation (2), shall, while navigating
within the limits of a compulsory pilotage port, whether by
entering, leaving, anchoring or moving, be under the direction of a
pilot:
Provided that where an excepted ship -
- has not taken a berth assigned to her by the Authority
and, in the opinion of the Authority, is foul or is likely
to foul any mark, buoy or some other ship due to any
cause whatsoever; or
- has anchored in the fairway of any port,
- then, without prejudice to any criminal proceedings that may be
taken against the master of such ship, the Authority may direct that
such ship be moored or re-moored under the direction of a pilot:
Provided further that even in the case of excepted ships the
Authority may direct that their navigation within the limits of a
compulsory pilotage port, whether entering, leaving, anchoring or
moving, shall be carried out under the direction of a pilot.
- For the purposes of this regulation, the following ships
shall be excepted ships:
- ships owned or operated by the Government of Malta;
- men-of-war of a foreign power;
- ships of less than 500 gross tons calculated in
accordance with the rules for the time being in force
for the measurement of ships under the Merchant
Shipping Act;
- fishing vessels;
- yachts;
- ships, including tugs, dredgers, barges and other types
of vessels, whose ordinary course of navigation and
trade does not extend beyond the limits of the
territorial waters of Malta; and
- high speed craft calling in Malta on a scheduled
service and whose master complies with qualifications
and standards developed by the Authority from time to
time.
- The Authority may exempt any ship from compulsory
pilotage where ships are unable to obtain the services of a pilot due
to bad weather or in any other particular case. Without prejudice to the provisions of sub-regulation (2), ships carrying dangerous goods, disabled ships and tug and tow
combinations may be required by the Authority to engage the
services of a pilot.
- Where any port is a compulsory pilotage port, the Minister
may by order define the limits of such port for the purposes of
compulsory pilotage.
|
5. |
- The function of a pilot on board a ship is to provide
information and advice to the master of the ship, as well as to assist
the master and the ship’s navigating officers to make safe passage
through the pilotage area or areas for which the pilot is engaged.Despite the presence of a pilot on a ship, the master of the
ship continues to be responsible for the conduct and navigation of
the ship in all respects.
|
6. |
- The Authority shall enter into a pilotage agreement
with the service provider.
- The pilotage agreement shall include provisions regarding
the provision of pilotage services in the ports and their approaches
together with the management and operation of pilot launches in
these ports.
- There shall be a Code of Conduct annexed to the pilotage
agreement outlining standards that the pilots are to adopt and
procedures that they are to follow in the provision of pilotage
services. The Code of Conduct shall form an integral part of the
pilotage agreement.
|
7. |
- Subject to the provisions of these regulations, the
Authority may grant licenses to persons to act as pilots.
- No person shall be licensed as a pilot unless he has:
- passed such qualifying examinations as may be
prescribed;
- been licensed as a trainee pilot as prescribed in these
regulations;
- obtained such practical experience in the pilotage of
ships during the period referred to in paragraph (b);
- had his licence confirmed by the Authority; and
- satisfied such other conditions as may from time to
time be prescribed.
- The licence issued to a pilot shall indicate the limits within
which the licensee is qualified to act.
- Notwithstanding the provisions of this regulation, the
Authority may, if it considers expedient, authorise any person to
pilot a ship in a port subject to such terms and conditions as it
deems fit.
- The person in whose favour a licence is issued must pay to
the Authority a fee as is established from time to time by the
Authority.
- Such licence may be revoked by the Authority in terms of these regulations.
- Subject to the provisions of the Act, when issuing a licence
under these regulations, the Authority may attach such conditions
to the licence as specified in regulation 13.
|
8. |
- The licence issued to a pilot shall be automatically
cancelled by the Authority when the pilot retires on reaching the
retiring age that may from time to time be prescribed, or if such
pilot is found by a Medical Board appointed by the Authority to be
physically unfit to carry out his duties.
- The Authority may also suspend or revoke the licence
issued to a pilot as a consequence of the award by a Disciplinary
Commit tee of a punishment consisting in the suspension or
revocation of the licence, or if the pilot absents himself from duty
for a period exceeding one year. Such licence, if so revoked, shall
cease to have effect from the date when such decision is taken by
the Authority and, if so suspended, it shall cease to have effect for
the period for which it is suspended.
- Subject to any condition which the Disciplinary Committee
may make, the Authority may re-issue a licence to a pilot whose
licence has been revoked under sub-regulation (2).
- A licence issued to pilot shall be surrendered to the
Authority whenever it is for any reason cancelled, suspended or
revoked. In such cases, the l icence shal l be returned to the
Authority within twenty-four hours.
- A person whose licence has been cancelled, suspended or
revoked shall have a right to appeal to the Board from the decision
of the Authority or of the Disciplinary Committee by application
within fifteen days of the notification to him of the decision.
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9. |
- No person shall be licensed to serve as a pilot unless such person -
- (deleted by Legal Notice 240 of 2004);
- is not less than twenty-three years of age and not over
forty years of age on the closing date for the
submission of applications;
- produces satisfactory evidence of good character and
sobriety of conduct;
- has been declared to be physically and mentally fit to
serve as a pilot by a medical board appointed by the
Authority and in accordance with appropriate
standards of medical fitness established by the
Authority to ensure that a pilot does not have a
condition that could jeopardize or hinder the safe
conduct of pilotage operations;
- possesses one of the following qualifications in the
following order of priority:
- a certificate of competency of Master of a ship
of 3000 GT or more without limitations (STCW
Regulation II/2) issued by the Authority in terms
of the Merchant Shipping (Training and
Certification) Regulations, as amended;
transport facility, including any port or
aerodrome;
- an equivalent certificate to (i) issued by the
relevant Authority of a flag state that is party to
the International Convention on Standards of
Training, Certification and Watchkeeping for
Seafarers, 1978 as amended;
- a certificate of competency of Chief Mate of a
ship of 3000 GT or more without limitations
(STCW Regulation II/2) issued by the Authority
in terms of the Merchant Shipping (Training and
Certification) Regulations, as amended;
- an equivalent certificate to (iii) issued by the
relevant Authority of a flag state that is party to
the International Convention on Standards of
Training, Certification and Watchkeeping for
Seafarers, 1978 as amended;
- a certificate of competency for grades not lower
than officer in charge of a Navigational Watch of
an ocean going ship issued in accordance with
the provisions of the Merchant Shipping Act or
an equivalent certificate issued by a foreign
competent authority acceptable to the Authority;
- a certificate of competency of commercial vessel
master issued by the Authority in terms of the
Commercial Vessels Regulations, as amended.
- produces satisfactory evidence that he has served as an
officer for not less than three years on ships of 2000
gross tons and over;
- has passed the appropriate examination prescribed in
regulation 10;
- is able to read, write and speak Maltese and English
fluently;
- has served as a trainee pilot in accordance with the
provisions of these regulations.
- No person shall be licensed to serve as a pilot if he has been
found guilty of any criminal offence which in the opinion of the
Authority is deemed to be detrimental to the provision of pilotage
services as a whole.
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10. |
- A person wishing to obtain a pilot’s licence must first
obtain a licence to serve as a trainee pilot. Before a licence is
granted to a candidate to serve as a trainee pilot the Authority and
the Board shall be satisfied that such candidate -
- satisfies the provisions of regulations 9(1)(b) to (h)
and 9(2);
- has passed, to the satisfaction of the panel of examiners appointed by the Board from the technical
committee, a written and, or oral examination based on
a syllabus which is published from time to time by the
Authority.
- Before sitting for the aforementioned examination, each
candidate shall pay the Authority a fee established from time to
time by the Authority
- When in the case that more candidates than the number of
applicants needed to fill the vacancy or vacancies are successful in
the examination, which would be of a qualifying nature, the order
of merit which would thereafter determine the placement of
candidates would be established by the Board on the advice of the
panel of examiners.
- The Board shall give preference to those successful
candidates who hold superior qualifications and who have the most
practical experience. To this effect, the Board shall issue its first
call for applications for those persons who are qualified in terms of
regulation 9(1)(e)(i) to (iv):
Provided that if none of the candidates is found to comply
with the necessary requirements, a second call for applications may
be issued to include also persons with qualifications in terms of
regulation 9(1)(e)(v) and (vi).
|
11. |
- When a candidate satisfies the requirements of
regulation 10, the Authority, on the advice of the Board, may issue
to such candidate a licence to serve as a trainee pilot subject to such
conditions as the Authority, on the advice of the Board, may deem
fit.
- A licence issued in terms of subregulation (1) shall, unless
previously revoked, remain valid for a period of six months from
the date of issue, during which time the licensee shall be deemed to
be a trainee pilot.
- The trainee pilot shall be remunerated during his
traineeship by the service provider.
|
12. |
- In order to qualify for a licence to serve as a pilot, a
trainee pilot shall, not earlier than the fourth month and not later
than the sixth month from the date of issue of the trainee licence,
satisfy the Authority:
- that he has accompanied a licensed pilot on not less
than four hundred pilotage operations on board ships,
while such ships were entering or leaving the
compulsory pilotage ports, of which one hundred must
be done during the night and one hundred must be
inward bound;
- that the trainee has all such moves referred to in
paragraph (a) recorded in a special log book kept for
this purpose in which shall be recorded the ship, date,
nature of move and countersigned by the accompanied
pilot. Each log sheet is to be countersigned by the
Chief Pilot at the end of the traineeship;
- that he has acquired necessary knowledge of the
relevant legislation and pilotage practice and
operations, particularly in so far as these regulations
refer to the report, movement and berthing of ships;
- that he has detailed knowledge of the information that
should be passed to the Master of the ship as well as
detailed knowledge of the information that should be
received from such Master.
- A trainee pilot who fails to satisfy the provisions prescribed
in subregulation (1) may be allowed to undergo further training for
a period not exceeding six months.
- A trainee pilot who satisfies the requirements prescribed in
subregulation (1) shall be issued a licence to serve as a pilot, by the
Authority.
- A licence issued in terms of subregulation (3) shall be
automatically revoked if within fifteen days from its date of issue
the pilot has not become a member of the service provider.
- The service provider is obliged to accept as a member a
pilot as soon as he has obtained his licence.
|
13. |
- Pilots shall be divided into the following classes:
- Class 1 Pilots: Pilots licensed to pilot any ship;
- Class 2 Pilots: Pilots licensed to pilot ships up to 300
metres LOA;
- Class 3 Pilots: Pilots licensed to pilot ships up to 250
metres LOA;
- Class 4 Pilots: Pilots licensed to pilot ships up to 200
metres LOA;
- Class 5 Pilots: Pilots licensed to pilot ships up to 170
metres LOA; and
- Class 6 Pilots: Pilots licensed to pilot ships up to 140
metres LOA.
- Prior to his application to the Authority for classification as
a Class 5 pilot, a Class 6 pilot must have first served for at least ten
months as a Class 6 pilot and must have accompanied a pilot for at
least 100 moves (25 of which must be during the night) on ships
over 140 metres LOA.
- Prior to his application to the Authority for classification as
a Class 4 pilot, a Class 5 pilot must have served for at least ten
months as a Class 5 pilot and accompanied a pilot for at least 50
moves (13 of which must be during the night) on ships over 170
metres LOA.
- Prior to his application to the Authority for classification as
a Class 3 pilot, a Class 4 pilot must have served for at least ten
months as a Class 4 pilot and accompanied a pilot for at least 30
moves (10 of which must be during the night) on ships over 200
metres LOA.
- Prior to his application to the Authority for classification as a Class 2 pilot, a Class 3 pilot must have served for at least ten
months as a Class 3 pilot and accompanied a pilot for at least 15
moves (5 of which must be during the night) on ships over 250
metres LOA.
- Prior to his application to the Authority for classification as
a Class 1 pilot, a Class 2 pilot must have served for at least ten
months as a Class 2 pilot.
- The moves referred to in sub-regulations (2) to (6) must be
recorded in a special logbook kept for this purpose indicating the
ship particulars, date, and nature of move. Each entry shall be
countersigned by the accompanied pilot and Chief Pilot.
- The pilot who is to have his licence upgraded can present
proof of his training by the ninth month so that his application can
be processed by the Authority in time to upgrade his licence when
due
- The application of a pilot to the Authority requesting a
licence upgrade shall be accompanied by a copy of the recorded
moves referred to in sub-regulation (7).
- Once an application for an upgrade accompanied by the
records referred to in sub-regulation (7) has been presented by the
pilot to the Authority, the Authority shall issue the upgrade unless
such pilot has, during the previous ten months, been found
negl igent in the conduct of his dut ies by the Disciplinary
Committee appointed by the Board.
- In the cases referred to in sub-regulation (10), where a
Disciplinary Committee finds a pilot negligent in the conduct of his
duties the Authority will determine that period of time, which shall
not be longer than a further ten months, during which the pilot
concerned must continue to operate in the Class from which he is
applying for an upgrade before such pilot is able to re-apply for
such upgrade.
- If a pilot fails to upgrade his licence as specified in subregulat
ions (2) to (6) for each category within a period not
exceeding eighteen months, his licence may be revoked:
Provided that the pilot shall have a right of appeal in terms
of regulation 8(5).
- Under no circumstances, except as stated in sub-regulation
(14) and except when accompanying a pilot for the purposes of subregulations
(2) to (6), may a pilot pilot a ship in excess of the limits
stipulated in his licence.
- Notwithstanding the restrictions in sub-regulation (13), the
Authority may, at its discretion andhaving regard to -
- the circumstances; and
- the specification of any ship,
- on the request of the Chief Pilot and subject to the pilot’s consent,
authorise a pilot to pilot ships outside the parameters of his licence
- Such authorisation must be given to the Chief Pilot in
writing and signed by the Authority. If such authorisation is required outside office hours, it will be given by the Authority
verbally and confirmed in writing as early as practicable.
- The Chief Pilot shall inform and authorise the pilot
concerned and shall give such pilot a copy of the authorisation
referred to in sub-regulation (15) as soon as practicable.
- The Chief Pilot shall be guilty of an offence under these
regulat ions i f he instructs a pilot to pilot a ship outside the
parameters of his licence without the required authorisation in
accordance with sub-regulations (14) and (15).
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14. |
- A licensed pilot who fails to perform regular pilotage
services for a period of twelve months shall have his licence
revoked by the Authority unless this failure is due to medical
reasons or other circumstances acceptable to the Authority.
- Such pilot shall have a right of appeal in terms of regulation
8(5).
- The Authority may, in agreement with the service provider,
exempt the Chief Pilot from providing regular pilotage services if
his services are required elsewhere in connection with pilotage
technical matters.
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15. |
- When there is a vacancy for pilots, the service
provider must notify the Authority; the Authority shall publish a
notice to that effect and shall request the Board to organise the
holding of examinations in accordance with regulation 10.
- If the vacancy is due to retirement the service provider shall
inform the Author i ty at least six months before so that the
Authority can initiate the recruitment process.
- The panel of examiners appointed by the Board by virtue of
regulation 10(1)(b) shall submit the results of the examination held
in terms of these regulations to the Board and shall show the order
of merit obtained by all candidates.
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16. |
- The Authority shall appoint a Medical Board to
examine whether a pilot is physically and mentally fit for the
proper discharge of his duties and in any case when a pilot attains
forty years of age and thereafter at the end of every fifth year.
- If the Medical Board under subregulation (1) certifies that
the pilot is no longer fit to carry out his duties, the Authority shall
revoke the licence.
- A licence issued under these regulations shall be
automatically withdrawn on the day that the licensee reaches the
statutory pension age:
Provided that the Authority may, in accordance with the
pilotage agreement, extend the validity of such licence if on
medical examination the licensee is found to be physically and
mentally fit to serve as a pilot by a Medical Board appointed by the
Authority.
- In this regulation, "statutory pension age" means that age at
which a person becomes eligible to receive a mandatory social
security retirement pension in terms of the Social Security Act.
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16A. |
- The liability for civil damages of the service provider
for any loss or damage, including death and personal injury,
resulting from any cause during the performance of the pilotage
service, shall not exceed the sum of ten thousand euro (€10,000) in
respect of any one service and the cost of the pilotage dues in
respect of the service during which the liability arose.
- The liability for civil damages of a licensed pilot, whether
on board a ship or elsewhere, for any loss or damage, including
death and personal injury, resulting from any cause during the
performance of his duties, shall not exceed the sum of one thousand
euro (€1,000) in respect of any one voyage and the cost of the
pilotage dues in respect of the voyage during which the liability
arose.
- Where, without any act or omission by the Authority, any
loss of life or personal injury, or loss or damage to any ship, or to
any property on board any ship or to any property or rights of any
kind, is caused by a licensed pilot, the Authority shall not be liable
to damages beyond the amount of ten thousand euro (€10,000).
- The limit of liability under this regulation shall apply to the
whole of any losses and damages, which may arise upon any one
dist inct occasion although such losses and damages may be
sustained by more than one person.
- The grant or renewal of a licence to a pilot or the
conclusion of a pilotage agreement with the service provider by the
Authority, in accordance with the provisions of the Act and these
regulations, shall not place or imply any liability on the Authority
or the Government of Malta for any loss or damage occasioned by
an act or default of any pilot or the service provider, whether the
employment of a pilot is compulsory or not.
|
16B. |
A pilot may require the master of any ship which he is
piloting to declare her draught of water, length and beam, and such
other information as may be required for the safe piloting of the
ship, and the master shall comply with any such request. |
16C. |
Every pilot, when acting as such, shall be provided with his
licence and shall, if so requested, produce it to the master of the
ship he pilots. |
16D. |
Notwithstanding anything contained in any law, the owner
or master of a ship navigating under the circumstances in which
pilotage is compulsory shall be answerable for any loss or damage
caused by the ship or by any fault of the navigation of the ship in
the same manner as he would if pilotage were not compulsory:
Provided that the owner or master shall be responsible for
any damage incurred to the pilot launch during the pilot transfer. |
17. |
- It shall be the duty of the service provider to:
- conduct the administration of the pilotage service;
- make an equitable distribution of the pilotage load
amongst the pilots;
- distribute the watches amongst the pilots in
accordance with the pilotage agreement;
- keep general discipline and good order amongst the
pilots;
- provide the Authority with such statistical information
as it may require, including, but not limited to, timely
compilation of data relating to pilotage movements
and operation of pilot launches, attendance and
absenteeism of pilots and annual audited accounts of
the service provider and any subsidiary or affiliate
undertakings, or other entities over which the service
provider has effective control;
- ensure that equipment used by the pilots is at all times
available and in good working order;
- take steps to acquire alternative equipment as may be
necessary;
- liaise with the Authority on pilotage matters and
submit any reports as may be requested by such
Authority;
- administer the pilots’ office or offices;
- perform pilotage duties as specified in the pilotage
agreement and these regulations, and other duties
which may arise from time to time in connection with
the provision of pilotage services;
- recommend measures to the Authority to further
enhance the pilotage service;
- provide the Authority with the identity of the member
or members having the judicial representation of the
service provider.
|
18. |
- One of the licensed pilots shall be a Chief Pilot, who
shall be assisted by a Deputy Chief Pilot, both of whom shall be
Class 1 pilots.
- The serving pilots shall, following an election, nominate
from amongst the Class 1 Pilots a candidate for the position of
Chief Pilot. The candidate so nominated shall be appointed by the
Authori ty on advice of the Board and upon approval by the
Minister.
- The Deputy Chief Pilot shall be chosen by the pilots on the
basis of an election.
- If the serving pilots fail to nominate a pilot for the post of
Chief Pilot within one month from the vacancy of the post of Chief
Pilot, the Board may itself make such nomination to the Authority.
- The Chief Pilot and the Deputy Chief Pilot shall hold such office for a period of three years, which may be renewed following
the procedure mentioned above.
- The Minister may, acting on the advice of the Board and, or
Authority, remove the Chief Pilot if he is no longer suitable to hold
such office.
- For the purposes of subregulation (6), the grounds on which
the Chief Pilot shall be deemed to be no longer suitable to hold
such office shall include:
- if for any reason whatsoever his licence is revoked or
suspended;
- if he is no longer capable of performing his duties
under these regulations and, or the agreement;
- if he has been found guilty of misconduct or any other
disciplinary breach by the Disciplinary Committee in
accordance with these regulations;
- if a vote of two-thirds of all serving pilots is taken in
favour of his removal from the position of Chief Pilot.
- The Chief Pilot shall at all times liaise with the pilots and
with the Authority.
- It shall be the duty of the Chief Pilot to:
- keep good order and discipline amongst the duty
pilots;
- be a reference point for the Authority in respect of
technical matters relating to the pilotage service;liaise with the Authority on pilotage matters and
submit any reports as may be requested by such
Authority;
- comply with any reasonable directive given to him by
the Authority in connection with the provision of
pilotage services;
- perform any other duties required of him under these
regulations.
- The Deputy Chief Pilot shall assume the duties of the Chief
Pilot during such time as the Chief Pilot is absent from his duties
and if the situation so arises, until such time as another Chief Pilot
is nominated and appointed.
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