CHAPTER 614

SENATE BILL NO. 708

AN ACT TO AMEND CHAPTER 1 OF TITLE 23, DELAWARE CODE RELATING TO NAVIGATION AND WATERS, AND PROVIDING PILOTAGE RATES FOR DULY LICENSED PILOTS.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Amend §131, Subchapter IV, Chapter 1, Title 23, Delaware Code by striking said section in its entirety and substituting in lieu thereof a new Section 131 to read as follows:

"131. Pilotage Rates.

(a) For services rendered on and after July 1, 1976, the rates of pilotage for conducting a vessel from the Capes of the Delaware to a point on the Delaware River no further upriver than the Delair Railroad Bridge between Philadelphia, Pennsylvania and Delair, New Jersey, or from a point on the Delaware River no further upriver than the Delair Railroad Bridge between Philadelphia, Pennsylvania, and Delair, New Jersey, to the Capes of the Delaware, shall be in either case, the total of the charges resulting from the two following computations:

(1) a. A charge, to be known as a unit charge, will be made for each pilotage, determined by length overall (in feet) multiplied by the extreme breadth (in feet) of the vessel, divided by 100.

b. For the purposes of this section, the following definitions shall be applied:

1. "Length overall" shall be the distance between the forward and after extremities of the vessel.

2. "Extreme breadth" shall be the maximum breadth between the outsides of the shell platings of the vessel.

All measurements shall be in feet and in inches (United States). Inches shall be converted as follows:

1"

=

.1

4"

=

.3

7"

=

.6

10"

=

.8

2"

=

.2

5"

=

.4

8"

=

.7

11"

=

.9

3"

=

.3

6"

=

.5

9"

=

.8

     

c. The charges per unit shall be as follows:

1. Vessels not in excess of 300 units: $.60 per unit.

2. Vessels in excess of 300 units, but not in excess of 600 units: $180 plus $.50 per unit in excess of 300 units.

3. Vessels in excess of 600 units: $330 plus $40 per unit in excess of 600 units.

d. The charges per unit shall be as follows: sixty-five cents per unit from July 1, 1976, through June 30, 1977; seventy cents per unit from July 1, 1977, through June 30, 1978; and seventy-five cents per unit thereafter.

There shall be a minimum unit 200 units ($120).

(2) A charge, related to length and draft, shall be determined as follows:

(a) Vessels with a length overall not in excess of 550 feet: $5.50 per half foot of draft.

b. Vessels with a length overall in excess of 550 feet, but not in excess of 800 feet: $6.00 per half foot of draft.

c. Vessels with a length overall in excess of 800 feet: $6.50 per half foot of draft.

All charges related to draft shall be based upon the charge of the nearest one-half foot of draft; thus there shall be no charge for the first' 3 inches above any foot draft; above 3 inches, up to and including 9 inches, the charge shall be for one-half foot of draft; above 9 inches, the charge shall be for the next higher foot; provided, however, that any vessel with a draft of less than 15 feet shall pay pilotage under this computation as though the draft of the vessel were 15 feet.

(b) Every such vessel bound to the breakwater for orders shall pay pilotage fees as follows: A sum equal to one half of the inward rates of pilotage to the port of Philadelphia, and the same fees when outward bound from the breakwater; provided, however, if the pilot bringing such ship or vessel to the breakwater be there discharged, and the ship or vessel afterward proceed to Philadelphia or any other port or place on the Delaware Bay or River, she shall make the usual signal for a pilot, and continue to make such signal till reaching Brandywine Light, and if spoken by, or offered the services of, a duly licensed Delaware pilot before reaching Brandywine Light, shall be obliged to employ such pilot and pay him for services rendered as follows: On and after July 1, 1976, the rates of pilotage for conducting a vessel from the Capes of the Delaware to a point on the Delaware River no further upriver than the Delair Railroad Bridge between Philadelphia, Pennsylvania, and Delair, New Jersey, or from a point on the Delaware River no further upriver than the Delair Railroad Bridge between Philadelphia, Pennsylvania and Delair, New Jersey, to the Capes of the Delaware, shall be in either case, the total of the charges resulting from the two following computations:

(1) a. A charge, to be known as a unit charge, will be made for each pilotage, determined by length overall (in feet) multiplied by the extreme breadth (in feet) of the vessel, divided by 100.

vessel, divided by 100.

b. For the purposes of this section, the following definitions shall be applied:

1. "Length overall" shall be the distance between the forward and after extremities of the vessel.

2. "Extreme breadth" shall be the maximum breadth between the outside of the shell plating of the vessel.

All measurements shall be in feet and in inches (United States).

1"

=

.1

4"

=

.3

7"

=

.6

10"

=

.8

2"

=

.2

5"

=

.4

8"

=

.7

11"

=

.9

3"

=

.3

6"

=

.5

9"

=

.8

     

c. The charges per unit shall be as follows:

1. Vessels not in excess of 300 units: $.60 per unit.

0. Vessels in excess of 300 units, but not in excess of 600 units: 180 plus $.50 per unit in excess of 300 units.

1. Vessels in excess of 600 units: $330 plus $.40 per unit in excess of 600 units.

d. The charges per unit shall be as follows: sixty-five cents per unit from July 1, 1976, through June 30, 1977; seventy cents per unit from July 1, 1977, through June 30, 1978, and seventy-five cents per unit thereafter.

There shall be a minimum unit charge of 200 units ($120).

(2) A charge, related to length and draft, shall be determined as follows:

a. Vessels with a length overall in excess of 550 feet, but not in excess of 550 feet: $5.50 per half foot of draft.

b. Vessels with a length overall in excess of 550 feet, but not in excess of 800 feet: $6.00 per half foot of draft.

c. Vessels with a length overall in excess of 800 feet: $6.50 per half foot of draft.

All charges related to draft shall be based upon the charge of the nearest one-half foot of draft; thus there shall be no charge for the first 3 inches above any foot draft; above 3 inches, up to and including 9 inches, the charge shall be for one-half foot of draft; above 9 inches, the charge shall be for the next higher foot; provided, however, that any vessel with a draft of less than 15 feet shall pay pilotage under this computation as though the draft of the vessel were 15 feet.

Approved July 22, 1976