Pilotage (Jersey)
Law 2009
Preliminary
1 Interpretation
(1) In this Law, unless a
contrary intention appears –
“compulsory pilotage area” means an area declared to be
a compulsory pilotage area in accordance with a pilotage direction;
“harbour authority” means the harbour authority
appointed in pursuance of Article 2 of the Harbours (Administration)
(Jersey) Law 1961;
“Harbour Master” means the Harbour Master appointed in
pursuance of Article 2 of the Harbours (Administration)
(Jersey) Law 1961;
“licensed pilot” means –
(a) in
relation to a part of a compulsory pilotage area, a person licensed under Article 3
for that part of the area; and
(b) in
relation to a ship, means a person so licensed in respect of ships of that
description;
“master” has the same meaning as in the Shipping (Jersey)
Law 2002;
“Minister” means the Minister
for Sustainable Economic Development;
“pilot” means a person not belonging to a ship who has
the conduct of it and “pilotage” is to be construed accordingly;
“pilotage direction” means a direction given by the
Harbour Master in accordance with Article 5(1);
“pilotage exemption certificate” means a certificate
granted by a harbour authority under Article 6(1);
“ship” has the same meaning as in the Shipping (Jersey)
Law 2002 and includes both British
and foreign ships;
“States’ employee” has the same meaning as in the Employment of States of
Jersey Employees (Jersey) Law 2005.[1]
(2) In this Law a reference
to a ship navigating or being navigated includes a ship moving or being moved
within a harbour to change its mooring or to be taken into or out of a dock.
Provision of pilotage services
2 Harbour
Master duties as to provision of pilotage services
(1) The Harbour Master must
keep under consideration –
(a) whether
any and, if so, what pilotage services need to be provided to secure the safety
of ships navigating in the territorial waters applicable to Jersey; and
(b) whether
in the interests of safety pilotage should be compulsory for ships navigating
in any part of those waters and, if so, for which ships and in which
circumstances and what pilotage services need to be provided for those ships.
(2) Without prejudice to
the generality of paragraph (1), the Harbour Master must, in performing
his or her functions under that paragraph, have regard, in particular, to the
hazards involved in the carriage of dangerous goods or harmful substances by
ship.
(3) The Harbour Master must
ensure that any pilotage service required by virtue of paragraph (1) is
available and that it is adequately equipped and appropriately manned.
3 Licensing
of pilots
(1) A harbour authority
may, on the recommendation of the Harbour Master in accordance with paragraph (3),
license suitably qualified persons to act as pilots in or in any part of a
compulsory pilotage area.[2]
(2) A licence issued by the
harbour authority under paragraph (1) –
(a) must
specify the area within which it has effect; and
(b) may
specify that it only has effect in relation to ships of a particular
description.[3]
(3) The Harbour Master may
recommend for licensing only those persons who are suitably qualified.[4]
(4) For the purpose of
establishing whether a person is suitably qualified, the Harbour Master shall
(after consultation with persons having relevant expert knowledge) –
(a) determine
such qualifications (including, but not limited to, matters such as physical
fitness, length of service, local knowledge and relevant skills including
language skills) as may be required from a person applying to be licensed under
this Article; and
(b) make
appropriate provision for examinations or checks in respect of those
qualifications.[5]
(5) A requirement or
provision mentioned in paragraph (4) is not effective until the Harbour
Master has published details of it in a manner that will bring it to the notice
of those persons likely to be interested.
(6) The harbour authority
may suspend or revoke a licence granted under this Article if it appears –
(a) that
the licensed pilot has been guilty of incompetence or misconduct affecting the
person’s capability as a pilot; or
(b) that
the licensed pilot has ceased to have the qualifications required by a person
to be licensed under this Article or has failed to provide evidence that he or
she continues to have those qualifications.[6]
(7) The harbour authority must,
before suspending or revoking a licence in accordance with paragraph (6),
give written notice of intention to do so to the licensed person.[7]
(8) The notice
must –
(a) state
the reason why the harbour authority proposes to act; and
(b) give
the licensed pilot a reasonable opportunity to make representations to the authority.[8]
(9) A person who is not a
licensed pilot for a compulsory pilotage area is guilty of an offence and liable
to a fine if, while in that area, he or she –
(a) describes
himself or herself as being a licensed pilot for the area; or
(b) so
holds himself or herself out as to indicate or be reasonably understood to
indicate that he or she is a licensed pilot for the area.
4 Employment,
etc. of licensed pilots
(1) The harbour authority must
make appropriate arrangements for the provision of the services of licensed pilots
in a compulsory pilotage area.[9]
(2) The arrangements under
paragraph (1) may provide for the services to be provided by licensed
pilots who are States’ employees, by licensed pilots who provide their
services under contracts for services or by a mixture of those methods.
(3) The harbour authority
may refuse to license a person who is not willing to provide his or her
services as a licensed pilot in accordance with arrangements made in accordance
with paragraph (1).[10]
Compulsory pilotage
5 Pilotage
directions
(1) The Harbour Master may direct,
in the interest of safety, that pilotage is compulsory in any part of the
territorial waters applicable to Jersey.
(2) A pilotage direction –
(a) may apply
to all ships or to all ships of a description specified in the direction
subject to any exception also so specified;
(b) must
specify the area and circumstances in which the pilotage direction applies;
(c) may
contain such supplementary provisions as the Harbour Master considers
appropriate.
(3) Except in an emergency,
the Harbour Master must, before giving a pilotage direction, consult the owners
of ships that customarily navigate in the area to which the proposed direction
would apply or such persons as the Harbour Master considers to be
representative of them.
(4) A pilotage direction
has no effect until it has been published by the Harbour Master in a manner that
will bring it to the notice of those persons likely to be interested.
6 Pilotage
exemption certificates
(1) The harbour authority may
grant a person a pilotage exemption certificate.[11]
(2) An application for the
grant of a pilotage exemption certificate may only be made by a person who is
bona fide the master or first mate of a ship.
(3) The harbour authority must
not grant an applicant a pilotage exemption certificate unless the Harbour
Master is satisfied that the applicant’s skill, experience and local
knowledge are sufficient for the applicant to be capable of piloting the ship
of which he or she is master or first mate or that ship and any other ships
specified in the certificate within a compulsory pilotage area or such part of
it as may also be specified in the certificate.[12]
(4) If it appears to the
Harbour Master to be necessary in the interests of safety that the applicant
should have a knowledge of English, the harbour authority must not grant an
applicant a pilotage exemption certificate unless the Harbour Master is
satisfied that the applicant has a sufficient knowledge of English for the
purpose.[13]
(5) An applicant’s
qualifications may be ascertained by examination or by reference to such other
requirements as the Harbour Master may reasonably impose.
(6) A requirement imposed
under paragraph (3), paragraph (4) or paragraph (5) must not be
unduly onerous having regard to the difficulties and dangers of navigation in
the area in question.
(7) Before determining a
requirement under paragraph (3), paragraph (4) or paragraph (5)
the Harbour Master must consult persons with appropriate knowledge and
experience.
(8) A requirement under
paragraph (3), paragraph (4) or paragraph (5) has no effect
until the Harbour Master has published it in a manner that will bring it to the
notice of those persons likely to be interested.
(9) A pilotage exemption
certificate expires on the 31 December next following its grant but if the
holder continues to be the master or first mate of a ship, may be renewed by
the harbour authority, on application by its holder, if the harbour authority
continues to be satisfied as mentioned in paragraphs (3) and (4).[14]
(10) A pilotage exemption
certificate may, on application by its holder, be altered so as to refer to
different ships from those to which it previously referred if the Harbour
Master is satisfied as mentioned in paragraphs (3) and (4) as respects
those ships.
(11) The harbour authority may
suspend or revoke a pilotage exemption certificate if it appears to the Harbour
Master that its holder has been guilty of incompetence or misconduct affecting the
holder’s capability to pilot the ship of which he or she is master or
first mate or any other ships specified in the certificate.[15]
(12) The harbour authority must,
before suspending or revoking a pilotage exemption certificate, give written
notice of his or her intention to do so to its holder.[16]
(13) The notice must –
(a) state
the reason why the harbour authority proposes to act; and
(b) give the
holder of the pilotage exemption certificate a reasonable opportunity to make
representations to the harbour authority.[17]
(14) The harbour authority may
charge fees in respect of any examination required to be taken for the purposes
of this Article or the grant, renewal or alteration of a pilotage exemption
certificate.[18]
(15) The fees must be such as the
harbour authority considers reasonable to meet relevant administrative costs
incurred by the authority or by the Harbour Master.[19]
(16) A fee mentioned in paragraph (14)
is not effective until the harbour authority has published it in a manner that
will bring it to the notice of those persons likely to be interested.[20]
Charging pilotage charges
7 Pilotage
charges
(1) A harbour authority may
make reasonable charges in respect of pilotage services provided in accordance
with this Law.[21]
(2) Without prejudice to
the generality of paragraph (1), the charges to be made under that
paragraph may include –
(a) charges
for the services of a pilot licensed by the harbour authority;
(b) charges
in respect of any expenses reasonably incurred by a licensed pilot in
connection with the provision of his or her services as a pilot;
(c) charges
by way of penalties payable in cases where the estimated time of arrival or
departure of a ship is not notified as required by the harbour authority or the
ship does not arrive or depart at the notified time;
(d) charges
in respect of the cost of providing, maintaining and operating pilot boats for
the relevant compulsory pilotage area; and
(e) charges
in respect of any other costs involved in providing and maintaining a pilotage
service.[22]
(3) The harbour authority may
also make reasonable charges in respect of any ship navigating within a
compulsory pilotage area under the pilotage of a master or first mate who is
the holder of a pilotage exemption certificate in respect of the area and ship
in question.[23]
(4) Different charges may
be made under this Article in different circumstances.
(5) Before determining a
charge under this Article the harbour authority must consult the owners of
ships that customarily navigate in the area to which the proposed charges would
apply or such persons as the harbour authority considers to be representative
of them.[24]
(6) A charge mentioned in
this Article is not effective until the Harbour Master has published it in a
manner that will bring it to the notice of those persons likely to be
interested.
(7) Charges imposed by the harbour
authority under this Article are recoverable as a debt due to the Minister.[25]
Compulsory pilotage
8 Compulsory
pilotage
(1) A ship that is being
navigated in an area and in circumstances in which pilotage is compulsory for the
ship by virtue of a pilotage direction must be –
(a) under
the pilotage of a licensed pilot; or
(b) under
the pilotage of a master or first mate who is the holder of a pilotage
exemption certificate in respect of that area and ship.
(2) If a ship is not under pilotage
as required by paragraph (1) after a licensed pilot has offered to take
charge of the ship, the master of the ship is guilty of an offence and is
liable to a fine of level 3 on the standard scale.[26]
(3) If the master of a ship
navigates the ship in part of a compulsory pilotage area and in circumstances
in which pilotage is compulsory for the ship without notifying the Harbour
Master that he or she proposes to do so, the master shall be guilty of an
offence and liable to a fine of level 2 on the standard scale.
9 Liability
for ships in a compulsory pilotage area
The fact that a ship is being navigated in an area and in
circumstances in which pilotage is compulsory for it shall not affect any
liability of the owner or master of the ship for any loss or damage caused by
the ship or by the manner in which it is navigated.
Rights of pilots
10 Right
of licensed pilot to supersede unlicensed pilot
(1) A licensed pilot may,
within the compulsory pilotage area in relation to which or a part of which he
or she is licensed, supersede as the pilot of a ship any unlicensed person who
has been employed to pilot it.
(2) If the master of a ship
navigates it in any part of a compulsory pilotage area under the pilotage of an
unlicensed person without first notifying the Harbour Master that he or she
proposes to do so, the master is guilty of an offence and is liable to a fine
of level 2 on the standard scale.
(3) If an unlicensed person
pilots a ship within a compulsory pilotage area knowing that a licensed pilot
has offered to pilot the ship, the person is guilty of an offence and is liable
to a fine of level 3 on the standard scale.
(4) If the master of a ship
navigating within a compulsory pilotage area knowingly employs or continues to
employ an unlicensed person to pilot the ship after a licensed pilot has
offered to pilot the ship, the master is guilty of an offence and is liable to
a fine of level 3 on the standard scale.
(5) For the purposes of
this Article –
(a) a
person is an unlicensed person if he or she is neither a licensed pilot nor the
holder of a pilotage exemption certificate in respect of the ship and the area
in question;
(b) a
person (other than the master or one of the crew of a ship) who is on the
bridge of the ship or in any other position from which the ship is navigated
(whether on board or elsewhere) is to be taken to be piloting the ship unless it
is proved otherwise.
11 Declaration
as to draught, etc. of ship
(1) A pilot may require the
master of a ship that the pilot is piloting –
(a) to
declare its draught of water, its length and its beam; and
(b) to
provide the pilot with any other information relating to the ship or its cargo
as the pilot may specify and is necessary to enable the pilot to carry out his
or her duties as the pilot of the ship.
(2) A master of a ship who
refuses to comply with a request made in accordance with paragraph (1) is
guilty of an offence and is liable to a fine of level 3 on the standard
scale.
(3) A master of a ship who –
(a) makes
a statement that is false in a material particular in answer to a request made
in accordance with paragraph (1), knowing it to be false or being reckless
as to whether it is false; or
(b) fails
without reasonable excuse to correct such a statement made by another person in
answer to a request made in accordance with paragraph (1), although
himself or herself knowing it to be false,
is guilty of an offence and is liable to a fine of level 3 on
the standard scale.[27]
12 Master
to give pilot notice of defects in ship
(1) The master of a ship
must bring to the notice of a person who pilots the ship any defect in, and any
matter peculiar to, the ship and its machinery and equipment –
(a) that
the master knows about; and
(b) that
might materially affect the navigation of the ship.
(2) A master of a ship who,
without reasonable excuse, fails to comply with paragraph (1) is guilty of
an offence and is liable to a fine of level 3 on the standard scale.
13 Facilities
to be given for pilot boarding or leaving ship
(1) This Article applies
where –
(a) a
ship is navigating in a compulsory pilotage area in circumstances in which
pilotage is compulsory for the ship;
(b) the
ship is not under the pilotage of a licensed pilot or of a master or first mate
who is the holder of a pilotage exemption certificate in respect of the ship
and the area; and
(c) the
master of the ship is offered the services of a licensed pilot.
(2) It also applies where
the master of a ship accepts the services of a licensed pilot in any other
circumstances.
(3) The master must
facilitate the pilot boarding and subsequently leaving the ship.
(4) If the master, without
reasonable excuse, fails to comply with paragraph (3), the master is
guilty of an offence and is liable to a fine of level 3 on the standard
scale.
Misconduct by pilots
14 Misconduct
by pilot endangering ship or persons on board ship
(1) This Article applies if
the pilot of a ship –
(a) does
an act that causes or is likely to cause the loss or destruction of, or serious
damage to, the ship or its machinery, navigational equipment or safety
equipment, or the death of, or serious injury to, a person on board the ship;
or
(b) omits
to do anything required to preserve the ship or its machinery, navigational
equipment or safety equipment from loss, destruction or serious damage or to
preserve any person on board the ship from death or serious injury,
and –
(c) the
act or omission is deliberate or amounts to a breach or neglect of duty; or
(d) the pilot
is under the influence of drink or a drug at the time of the act or omission.
(2) The pilot is guilty of
an offence and is liable to imprisonment for 2 years and a fine.
Limitation of liability
15 Limitation
of liability in respect of pilots
(1) The liability of a
licensed pilot for any loss or damage caused by an act or omission of the pilot
while acting as a licensed pilot shall not exceed –
(a) £2,000;
and
(b) the
amount of the pilotage charges in respect of the voyage during which the
liability arose.
(2) A person is to be taken
to be a licensed pilot for the purpose of paragraph (1) despite the fact
that the pilot is acting as a pilot of a ship navigating outside the compulsory
pilotage area in relation to which the pilot is licensed if –
(a) the
pilot is piloting the ship to that area from a place where pilots licensed for
the area regularly board ships navigating to it; or
(b) the
pilot is piloting the ship from that area to a place where pilots regularly leave
ships navigating from it,
and in either case, the ship is one in respect of which the pilot is
licensed.
(3) Where loss or damage to
property or rights of any kind (including but not limited to a ship or property
on board a ship) is caused by a licensed pilot who is an employee of a harbour
authority, the authority shall not be liable in damages beyond the amount of
£2,000 multiplied by the number of licensed pilots who are such employees
at the time when the loss or damage occurred.[28]
(3A) The limit of liability in paragraph (3)
shall not apply where the loss or damage in question was attributable to an act
or omission by the authority or by a person employed by or acting on behalf of
the authority, committed either –
(a) with
intent to cause such loss or damage; or
(b) recklessly
as to whether such loss or damage would be caused.[29]
(4) Where loss or damage to
property or rights of any kind (including but not limited to a ship or property
on board a ship) is caused by a licensed pilot who is an employee of a person
other than a harbour authority, that person (“the employer”) shall
not be liable in damages beyond the amount of £2,000 multiplied by the
number of licensed pilots who are such employees at the time when the loss or
damage occurred.[30]
(4A) The limit of liability in paragraph (4)
shall not apply where the loss or damage in question was attributable to an act
or omission by the employer or by any person employed by or acting on behalf of
the employer, committed either –
(a) with
intent to cause such loss or damage; or
(b) recklessly
as to whether such loss or damage would be caused.[31]
(5) The limit of liability
under this Article applies to the whole of any losses and damages that may
arise upon any one distinct occasion although the losses and damages may be
sustained by more than one person.
(6) If proceedings are taken
against a person for an act or omission in respect of which liability is
limited as provided by this Article and other claims are or appear likely to be
made in respect of the same act or omission, the Royal Court may –
(a) determine
the amount of the liability;
(b) upon
payment by the defendant of that amount into court, distribute it rateably
amongst the claimants; and
(c) stay
any proceedings pending in relation to the same matter.
(7) The Court may also –
(a) provide
for an interested person to be made a party to the proceedings;
(b) exclude
a claimant whose claim is not made within a certain time;
(c) require
security from the defendant; and
(d) provide
for the payment of any costs.
(8) Nothing in paragraph (3)
or paragraph (4) affects any liability that may be limited under Part 8
of the Shipping (Jersey)
Law 2002 (liabilities of shipowners
and others).
(9) A harbour authority
shall not be liable for any loss or damage caused by any act or omission of a
pilot licensed by the authority under Article 3, by virtue only of the
fact that the pilot is so licensed.[32]
(10) [33]
Miscellaneous
16 Appeals
(1) This Article applies
where the Harbour Master –
(a) refuses
to license a person to act as a pilot in or in any part of a compulsory
pilotage area;
(b) suspends
or revokes a licence to act as a pilot in or in any part of a compulsory
pilotage area;
(c) refuses
to grant or renew a pilotage exemption certificate; or
(d) suspends
or revokes a pilotage exemption certificate.
(2) It also applies to a
decision made by the Harbour Master in respect of a licence granted to a person
to act as a pilot in or in any part of a compulsory pilotage area as
to –
(a) the
area within which the licence has effect; and
(b) the
class of ships in respect of which the licence has effect.
(3) It also applies to a
decision made by the Harbour Master in respect of a pilotage exemption
certificate not to amend the certificate in accordance with a request to do so
made in accordance with Article 6(10)
(4) A person aggrieved by
the decision of the Harbour Master may appeal to the Royal Court within the
28 days after being notified of the decision or such longer period as the
Court may allow in the interests of justice.
(5) An appeal under this
Article may only be made on the ground that the decision was unreasonable
having regard to all the circumstances of the case.
(6) The Royal Court may
confirm the decision of the Harbour Master or may take such other action as the
Harbour Master could have taken.
16A Role of the Minister[34]
(1) The Minister may give
written directions or guidance to a harbour authority as to the exercise of the
authority’s functions under this Law.
(2) For the purpose of
paragraph (1), giving directions or guidance includes varying or revoking
directions or guidance already given under that paragraph.
(3) In exercising its
functions under this Law, a harbour authority shall –
(a) comply
with any relevant directions; and
(b) have
due regard to any guidance,
given and for the time being in force under this Article.
17 Pensions
(1) The States may make Regulations
to provide for the payment of pensions or other benefits to pilots who are not
States’ employees, their widows or children by means of a pensions
scheme.
(2) The Regulations
shall –
(a) provide
for the payment of contributions by pilots;
(b) provide
generally for the administration of, and participation in, the scheme.
18 Transitional
and saving provisions
The States may make Regulations containing such transitional,
saving, consequential, incidental or supplementary provisions as may be
necessary or expedient to bring this Law into effect.
19 Citation
This Law may be cited as the Pilotage (Jersey) Law 2009.