Seaman's Handbook

Maritime Pilotage Regulations

32.

  • The administration, collection and recovery of the pilotage tariff and the disbursements of this tariff shall be the responsibility of the Authority.

33.

  • Subject to the provisions of these regulations, the service provider shall be remunerated for pilotage services and for work connected thereto in accordance with the pilotage agreement.

34.

  • Pilotage tariffs shall be those in the Schedule
  • The social security contributions to be paid by the persons mentioned in subregulation (3) in terms of article 57 of the Act shall be deemed to form part of the tariff.
  • Pilotage tariffs shall be paid directly to the Authority within a period of eight days by:
    • the owner, charterer, master or agent of a ship in respect of which pilotage services were performed; or
    • by the person who requests pilotage services in respect of a ship.
  • Interest shall accrue on any overdue pilotage tariff and, or any other payment s payable to the Authority under the se regulations from the date of presentation of the invoice until full payment is effected at the rate of two per centum per month or part thereof.

35.

  • The Authority may require any person who in terms of regulation 34(3) is bound to pay the pilotage tariff, to make a deposit, or to furnish a bank guarantee issued by a local bank in favour of the Authority in such amount as the Authority considers sufficient to cover payment of such tariff.
  • The Authority may recover any pilotage tariff out of such deposit or bank guarantee if such tariff is not paid within eight working days from the day on which payment is demanded.
  • Whenever the Authority takes such measure it shall promptly give the person who has made the deposit or furnished the guarantee an account of such payments recovered therefrom.
  • If the person so directed to make such deposits contravenes the provisions of this regulation he shall be liable to the payment of a penalty not exceeding eleven thousand and six hundred and fortysix euro and eighty-seven cents (11,646.87).

36.

  • Subject to the provisions of these regulations, the service provider shall be remunerated for pilotage services and for work connected thereto in accordance with the pilotage agreement.

37.

  • No pilot or any of the personnel employed with the service provider shall demand or receive any dues or other remuneration in respect of a standard pilotage service other than those specified in the pilotage agreement and these regulations.
  • Any pilot who contravenes the provisions of subregulation (1) shall be liable for each such contravention to a disciplinary penalty not exceeding two hundred and thirty-two euro and ninetyfour
    cents (232.94).
  • No person shall pay a pilot any dues or remuneration in respect of pilotage services other than those specified in the pilotage agreement.
  • Any person who contravenes the provisions of subregulation (3) shall be guilty of an offence and on conviction shall be liable to a fine (multa).

38.

  • There is hereby established a board, to be called the Pilotage Board, hereinafter referred to as the Board, which shall exercise and per form the funct ions as signed to it by these regulations.
  • The Board shall consist of the following members:
    • a Chairman appointed by the Minister;
    • a member nominated by the Authority;
    • a member nominated by the service provider; and
    • a secretary with no voting powers to be appointed by the Minister.
  • The Board shall exercise and perform the following
    functions:
    • to conduct examinations in connection with the licensing of prospective pilots and to advise the Authority accordingly;
    • to appoint panels of examiners for the purpose of the examinations aforesa
    • to conduct disciplinary proceedings in respect of pilots in accordance with the provisions of these regulations;
    • to recommend to the Authority the award to pilots guilty of any breach of discipline such punishments as may from time to time be prescribed;
    • to advise the Authority on any matter that the said Authority may refer to it from time to time in connection with pilotage services; and
    • to perform such other functions as may be prescribed to it from time to time.
  • The quorum of the Board shall consist of the Chairman and two members.
  • The Board shall reach its decisions by means of a majority vote.
  • The Board shall meet as required at such date, time and place as the Chairman may appoint.
  • Subject to the provisions of these regulations, the Board may otherwise regulate its own procedures.

38A.

  • Disciplinary proceeding amongst pilots and trainee pilots shall be administered by the Board in accordance with regulation 38:
    Provided that in cases of breach of a pilotís obligations under the Code of Conduct, the Authority shall have the right to temporarily suspend a pilotís licence pending disciplinary action by the Board:
    Provided further that if the Authority takes the action contemplated in the above proviso and suspends a pilot, and the eventual decision of the Board is such as to find the suspension unjustified, the Authority shall pay to the pilot the earnings he would have been entitled to during such period and would have lost as a result of such suspension.

39.

  • The Board shall appoint a Disciplinary Committee from outside the membership of the Board, one of whom shall be the Chairman of the Committee.
  • It shall be the duty of the Disciplinary Committee to:
    • investigate cases brought before it by the Authority;
    • summon witnesses;
    • appoint experts to assist when necessary;
    • hear evidence on oath;
    • make recommendations to the Board on the cases investigated by it.
  • In the exercise of the powers in accordance with subregulation (2)(b) to (d), the Disciplinary Committee shall have the powers which are conferred by law on the First Hall of the Civil Court.
  • Provided that:
    • the Disciplinary Committee shall not be enabled to order the detention of any person; and
    • the duties of the court marshal and the court usher shall be performed by members of the Executive Police detailed for the purpose by the Commissioner of Police.
  • The Chairman of the Disciplinary Committee shall sign the summons and administer oaths to witnesses.
  • The Disciplinary Committee shall conduct all disciplinary proceedings in accordance with the provisions of these regulations.

40.

  • The Board shall consider the recommendations of the Disciplinary Committee and shall thereafter take such disciplinary decision in accordance with the provisions of these regulations.

41

  • (Deleted by L.N. 367 of 2009).

42.

  • The decisions of the Board shall be final and binding.

43.

  • The Authority shall institute disciplinary proceedings against any pilot who has contravened any provisions of these regulations or who in the course of, or in connection with his duties is negligent, or has carried out his duties in an inappropriate manner or has acted inappropriately when on duty or fails to comply with any reasonable directive given by the Authority.
  • Such proceedings shall be instituted by the Authority within twenty-one days from the date on which the Authority becomes aware of the act or omission which has given rise to such disciplinary action:
    Provided that in the case of an offence resulting from the award of a Court of Inquiry convened in terms of the Merchant Shipping Act, or in the case of an offence in respect of which criminal proceedings have been instituted, the Authority shall be deemed to have become aware of such offence on the date on which the Court gives its award or judgment as the case may be.

44.

  • The Authority shall, within the time specified in regulation 43(2), communicate to the pilot concerned a detailed statement in writing clearly specifying the charge or charges against him, and setting out the particulars of the evidence relied upon to support such charge or charges.

45.

  • In making a charge the Authority shall demand a written explanation from the pilot concerned within fifteen days from the date on which such charge is communicated to such pilot. In default of such written explanation the charge shall be deemed to have been admitted and the Authority shall refer the matter to the Board for its decision without the need for the Board to appoint a Disciplinary Committee.

46.

  • The Authority shall notify the pilot concerned of the charge made against him either by having such charge delivered to him personally or by sending it to him by registered post.

47.

  • In replying to a charge, the pilot concerned may reserve the right to make oral submissions to the Disciplinary Committee.

48.

  • The Authority shall acknowledge in writing the receipt of such reply and shall indicate the date on which it is received by it.

49.

  • If the Authority decides to refer the matter to the Board, it must refer such matter to the Board within fifteen days from the receipt of the pilotís reply or from the day when the pilot should have submitted the reply.

50.

  • The Board shall, within fifteen days from receipt of the letter from the Authority containing the complaint against the pilot, nominate a Disciplinary Committee to hear and investigate the complaint.

51.

  • The Disciplinary Committee shall commence the hearing of any case brought before it within fifteen days of its nomination.
  • The hearing of a case is deemed to have commenced when the Disciplinary Committee commences a discussion of the case brought before it.
  • The pilot charged shall be informed of the date of commencement and shall have the right to attend all disciplinary hearings.
  • The Disciplinary Committee shall conclude the hearing of the case and shall make submissions to the Board within sixty days from the commencement of the hearing:
    Provided that in exceptional circumstances the Board may for valid reasons extend such period by further periods of thirty days af ter a request from the Chai rman of the Disciplinary Committee.

52.

  • When replying to a charge or when appearing before the Disciplinary Committee, the pilot against whom disciplinary proceedings are being taken may be assisted by a person of his choice.
  • Such pilot may request the Disciplinary Committee to summon witnesses in his defence and the Disciplinary Committee shall duly summon such witnesses, and he or the person assisting him may cross-examine such witnesses.

53.

  • The Disciplinary Committee shall notify the pilot against whom disciplinary proceedings are being taken and shall summon any witnesses to appear before it on the day, time and place fixed for the hearing of such proceedings
  • Such notification or summons shall be signed by the Chairman of the Disciplinary Committee and shall be delivered personally to the pilot or to the witness as the case may be, or sent by registered post; in so doing, the Chairman of the Committee is to ensure that sufficient time is allowed for those concerned to receive the said notifications or summons in time.

54.

  • If the pilot against whom disciplinary proceedings are being taken under the provisions of these regulations fails to appear before the Disciplinary Committee within sixty minutes from the time fixed for the hearing, the Disciplinary Committee shall proceed in his absence and give its report accordingly:

    Provided that if the pilot within two days after the day fixed for the hearing of his case justifies his absence to the satisfaction of the Disciplinary Committee, the Disciplinary Committee may hear the submissions of the pilot and the evidence of his witnesses before submitting its report.

55.

  • Whenever the Authority, or the Board, or the Disciplinary Commi t tee, as the case may, be sends any communicat ion, notification or summons by registered letter through the postal service, it shall be sufficient proof of service of such letter for all effects and purposes of these regulations if the registered letter has been properly addressed and posted.

56.

  • If a pilot is found guilty of having contravened any one of the provisions of these regulations, or if in the course of or in connection with his duties is found to have been negligent or of having carried out his duties in an inappropriate manner or of having acted inappropriately when on duty or of having failed to comply with the directives given by the Authority, the Board, after taking into consideration the report and recommendations of the Disciplinary Committee may, without prejudice to the provisions of any other law:
    • impose a disciplinary penalty or fine against such pilot of a sum not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69); and, or
    • suspend his licence for a period of not less than ten days and not exceeding six months during which time no remuneration shall be paid to or received by such pilot; or
    • revoke his licence forthwith.
  • Any disciplinary penalty or fine inflicted by the Board as a result of disciplinary proceedings shall be recoverable by the Attorney General as a civil debt due to the Government.

57.

  • Any disciplinary proceedings taken against a pilot under the provisions of these regulations shall be without prejudice to any criminal proceedings under any other law and any proceedings taken under any other such law shall be without prejudice to any such disciplinary proceedings.

58.

  • Subject to the provisions of subregulation (2), the Pilotage and Mooring Regulations, as subsequently amended, are hereby repealed:

    Provided that wherever in the Pilotage and Mooring Regulations, as subsequently amended, there is a reference to mooring-men, leading mooring man, mooring dues, the relative provisions in the said regulations shall continue to have effect as if made under these present regulations until such time as they are repealed:

    Provided further that in so far as Pilotage and Mooring Regulations as subsequently amended, continue to have effect with regard to mooring-men, leading mooring-man, mooring dues, the word "Chief Pilot" shall be substituted by the words "the person specifical ly appointed by the Authority after consult ing the representatives of the mooring men":

    Provided further that for the avoidance of any doubt, regulation 29(d) and (e), regulation 39(1), (2), (5) and (6), the proviso to regulation 39(9), regulation 41, regulation 42, regulation 43 and regulation 44 of the Pilotage and Mooring Regulations, which, by virtue of the provisos to regulation 58 remained in effect, shall by virtue of these regulations, cease to have any effect: Provided further that the provisions in the Pilotage and Mooring Regulations relating to the "Stabilization Fund" shall continue to have effect in so far as they concern the general administration of the said Fund and in so far as they are concerned with:
    • the remittance by the Authority to the said Fund of the national insurance deductions, the national insurance levy, and the levy of ten per centum on the gross expenses incurred for mooring services paid to the Authority by persons bound to pay mooring dues, and
    • the payment out of the said Fund of contributions due in respect of mooring men under the Social Security Act by employed persons and employers, any bonus payable to mooring men, the extra attendance of mooring men when so required under the provisions of these regulations, the cost of uniforms to mooring men, and such other payments in respect of mooring men as may from time to time be authorized by the Minister;
  • and provided further that the accumulated funds in the said "Stabilization Fund" shall remain so contained in such Fund until further provisions are made for their distribution.
  • Notwithstanding the provisions of subregulation (1), a pilotís licence granted by the Authority before the coming into force of these regulations shall continue to be valid in accordance with its terms and shall be deemed to be a licence granted by the Authority under regulation 7.
  • Notwithstanding the provisions of regulation 31(2) of the Pilotage and Mooring Regulations, any reference to twenty-one mooring men, and in subregulation (3) thereof the reference to the actual number of mooring men, shall be deleted.
  • Any proceeds in the Pilot Launch Replacement Fund and the Pilot Launch Maintenance and Repair Fund, on the day of the coming into force of these regulations, shall remain in these Funds until such time as the Minister determines how they are to be disposed of.