32. |
- The administration, collection and recovery of the pilotage
tariff and the disbursements of this tariff shall be the responsibility
of the Authority.
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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.
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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.
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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).
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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.
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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).
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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.
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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 pilot’s obligations
under the Code of Conduct, the Authority shall have the right to
temporarily suspend a pilot’s 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.
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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.
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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.
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41 |
- (Deleted by L.N. 367 of 2009).
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42. |
- The decisions of the Board shall be final and binding.
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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.
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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.
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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.
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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.
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47. |
- In replying to a charge, the pilot concerned may reserve the
right to make oral submissions to the Disciplinary Committee.
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48. |
- The Authority shall acknowledge in writing the receipt of
such reply and shall indicate the date on which it is received by it.
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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 pilot’s reply or from the day when the pilot should
have submitted the reply.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
pilot’s 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.
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