CHAPTER 46

FORMERLY

SENATE BILL NO. 65

AN ACT TO AMEND TITLE 23, DELAWARE CODE RELATING TO LIMITATION OF LIABILITY FOR RENDERING VESSEL TRAFFIC INFORMATION SERVICES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Title 23, Delaware Code by adding thereto a new Chapter to read as follows:

"Chapter 24. Exemptions From Civil Liability For Rendering Vessel Traffic Information Services.

§2401. Definitions.

As used in this chapter:

(a) The term "sponsors and operators" shall mean The Pilots' Association for the Bay and River Delaware and the Ports of Philadelphia Maritime Exchange.

(b) The term "watch officer" means any river pilot, licensed as such by any state or any person otherwise certified by the sponsors and operators and who is maintaining a vessel traffic watch at any designated vessel information traffic station serving the water within the Delaware River and Bay and their tributaries and approaches, including the Chesapeake and Delaware Canal or any other water within the territorial limits of the State.

§2402. Limitation of liability of watch officers and vessel traffic

information service entities.

(a) Qualified Staff. The liability of any watch officer who renders
informational and/or communications assistance to vessels entering, leaving, or transiting the Delaware River and Bay and their tributaries and approaches, including the Chesapeake and Delaware Canal or any other water within the territorial limits of the State for damages caused by or related to such assistance shall be limited to acts or omissions of such watch officer which can be shown to have been the result of gross negligence, reckless, willful, wanton and/or intentional acts of misconduct on the part of such watch officer.

(b) Sponsors and Operators. The liability of The Pilots' Association for the Bay and River Delaware and the Ports of Philadelphia Maritime Exchange, which sponsor and operate the vessel traffic information service for damages caused by or related to such sponsorship or operation shall be limited to acts or omissions which can be shown to have been the result of gross negligence, reckless, willful, wanton and/or intentional acts of misconduct on part of such sponsors and operators."

Approved June 16, 1991