Pilotage (Jersey)
Law 2009
A LAW relating to pilotage.
Adopted by the
States 12th February 2008
Sanctioned by
Order of Her Majesty in Council 10th December 2008
Registered by the
Royal Court 2nd
January 2009
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
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 Master”
means the Harbour Master appointed in pursuance of Article 2 of the
Harbours (Administration) (Jersey) Law 1961[1];
“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[2];
“Minister” means the
Minister for 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 the Harbour Master 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[3].
(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) The
Harbour Master may license persons the Harbour Master considers are suitably
qualified to do so to act as pilots in or in any part of a compulsory pilotage
area.
(2) A
licence issued by the Harbour Master –
(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) The
Harbour Master shall –
(a) determine
the qualifications in respect of age, physical fitness, time of service, local
knowledge, skill, including language skill, character and otherwise to be
required from a person applying for a licence under this Article; and
(b) provide
for the examination and checks in respect of those qualifications.
(4) Before
determining a requirement mentioned in paragraph (3)(a) or making
provision for an examination or check mentioned in paragraph (3)(b) the
Harbour Master must consult persons who have expert knowledge in respect of the
requirement or provision.
(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 Master may suspend or revoke a licence granted under this Article if it
appears to the Harbour Master –
(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.
(7) The
Harbour Master must, before suspending or revoking a licence in accordance with
paragraph (6), give written notice of his or her intention to do so to the
licensed person.
(8) The
notice must –
(a) state
the reason why the Harbour Master proposes to act; and
(b) give
the licensed pilot a reasonable opportunity to make representations to the
Harbour Master.
(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 Master must make appropriate arrangements for the provision of the
services of licensed pilots in a compulsory pilotage area.
(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 Master 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).
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 Master may grant a person a pilotage exemption certificate.
(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 Master 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.
(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 Master 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.
(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 paragraphs (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 Master, on application by its holder, if the Harbour
Master continues to be satisfied as mentioned in paragraphs (3) and (4).
(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 Master 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.
(12) The
Harbour Master must, before suspending or revoking a pilotage exemption
certificate, give written notice of his or her intention to do so to its
holder.
(13) The
notice must –
(a) state
the reason why the Harbour Master proposes to act; and
(b) give
the holder of the pilotage exemption certificate a reasonable opportunity to
make representations to the Harbour Master.
(14) The
Harbour Master 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.
(15) The fees
must be such as the Harbour Master considers reasonable to meet his or her relevant
administrative costs.
(16) A fee
mentioned in paragraph (14) 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.
Charging pilotage charges
7 Pilotage charges
(1) The
Harbour Master may make reasonable charges in respect of pilotage services
provided in accordance with this Law.
(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 Master;
(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 Master 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.
(3) The
Harbour Master 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.
(4) Different
charges may be made under this Article in different circumstances.
(5) Before
determining a charge under this Article the Harbour Master 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 Master considers to be
representative of them.
(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 Master under this Article are recoverable as a debt due
to the Minister.
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 4 on the standard scale.
(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 4 on
the standard scale.
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 a ship, to property on board a ship or to any other property
or rights of any kind is caused by a licensed pilot who is a States’
employee, no administration of the States shall be liable to damages beyond the
amount of £2,000 multiplied by the number of licensed pilots who are
States’ employees at the time when the loss or damage occurred, if the
loss or damage was not attributable to an act or omission by the Minister or by
a person employed by or acting on behalf of an administration of the States
committed –
(a) with
the intent to cause the loss or damage; or
(b) recklessly
with knowledge that such loss or damage would probably result.
(4) Where
loss or damage to a ship, to property on board a ship or to any other property
or rights of any kind is caused by a licensed pilot who is employed by a person
other than as a States’ employee, that person shall not be liable to
damages beyond the amount of £2,000 multiplied by the number of licensed pilots
who are employed by the person at the time when the loss or damage occurred, if
the loss or damage occurred without any personal act or omission by the person
committed –
(a) with
the intent to cause the loss or damage; or
(b) recklessly
with knowledge that such loss or damage would probably result.
(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) The
Harbour Master shall not be liable for any loss or damage caused by any act or
omission of a pilot licensed by the Harbour Master under Article 3 by
virtue only of that licence.
(10) In this
Article “administration of the States” has the same meaning as in
the Employment of States of Jersey Employees (Jersey) Law 2005.
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.
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 Repeal
The Pilotage (Jersey) Law 1988[4] is repealed.
19 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.
20 Citation and commencement
(a) This
Law may be cited as the Pilotage (Jersey) Law 2009.
(2) It
shall come into force 28 days after it is registered.
A.H. Harris
Deputy Greffier of the States