CHAPTER 20

FORMERLY

SENATE BILL NO. 28

AS AMENDED BY SENATE AMENDMENT NO. 1 AND HOUSE AMENDMENT NO. 2

AN ACT TO AMEND CHAPTER 1, TITLE 23, DELAWARE CODE RELATING TO PILOTS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section 1. Amend Subsection (a), §101, Chapter 1, Title 23, Delaware Code by striking said subsection in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:

"(a) The Board of Pilot Commissioners for the State shall consist of 7 members, residents of the State, appointed by the Governor, for a term of 5 years, composed as follows: 3 state-licensed pilots and 4 other members, at least two of whom shall be public members and at least one of whom shall be a shipping industry representative. No public member shall be a former pilot, related to a pilot by blood or affinity, nor ever have been employed by any pilot association or individual pilot. No shipping industry representative shall be a former pilot. The Board shall consist of the members presently serving unexpired terms on the Board as it existed prior to January 1, 1993, together with those members necessary to bring the total number of members up to 7. Upon the expiration of the terms of office of those presently serving, the Governor shall appoint new members until such time as the board is composed of members meeting the requirements of this subsection. No member shall serve more than two (2) complete consecutive terms."

Section 2. Amend Subsection (e), §101, Chapter 1, Title 23, Delaware Code by striking the word "Three" and inserting in lieu thereof the word "Four".

Section 3. Amend §102, Chapter 1, Title 23, Delaware Code by inserting in subparagraph (11) thereof the phrase the administration of the apprenticeship program," between the word "examination," and the word "rosters".

Section 4. Amend §102, Chapter 1, Title 23, Delaware Code by striking the period "." at the end of subparagraph 12, substituting in lieu thereof a semicolon ":" and by adding thereto a new subparagraph (13) to read as follows:

"(13) Grant an inactive license to (a) a pilot with health problems documented to the Board's satisfaction, or (b) a pilot on terminal leave, i.e., a pilot on approved time-off prior to and in contemplation of retirement. If a pilot seeks to return to active status after being granted an inactive license pursuant to (a) or (b) of this subsection, the Board shall first impose as a condition of return to active status that the pilot undertake a number of refresher trips, to be determined by the Board."

Section 5. Amend §104, Chapter 1, Title 23, Delaware Code, by striking said section in its entirety, substituting in lieu thereof a new §104 to read as follows:

"§104. Complaint and Hearing Procedures.

(a) Complaints. pertaining to the subject matter of this Chapter shall be filed and processed in accordance with the provisions of §8B10, Title 29, Delaware Code.

(b) The Board shall conduct hearings in accordance with the provisions of Chapter 101, Title 29, Delaware Code."

Section 6. Amend §106, Chapter 1, Title 23, Delaware Code by striking the phrase "pay to the Board" as the same appears therein and inserting in lieu thereof the phrase "pay to the Division of Professional Regulation" and also by striking the phrase "by the Board" as the same appears at the end of said section, inserting in lieu thereof the phrase by the Secretary of Administrative Services."

Section 7. Amend §111, Chapter 1, Title 23, Delaware Code by striking the number "3" as the same appears in the second sentence and inserting in lieu thereof the number "4"; by striking the phrase by the Board" as the same appears therein and inserting in lieu thereof the phrase "by the Secretary of Administrative Services"; and by striking the phrase "pay to the Board" and inserting in lieu thereof the phrase "pay to the Division of Professional Regulation".

Section 8. Amend §112, Chapter 1, Title 23, Delaware Code by striking said section in its entirety and substituting a new §112 to read as follows:

"§112. Classes of Licenses.

Six classes of licenses shall be granted:

(1) First class, to persons capable of piloting ships or vessels of any practical draft of water;

(2) Second class, to persons capable of piloting ships or vessels drawing 45 feet or under;

(3) Third class, to persons capable of piloting ships or vessels drawing 40 feet or under;

(4) Fourth class, to persons capable of piloting ships or vessels drawing 35 feet or under;

(5) Fifth class, to persons capable of piloting ships or vessels drawing 30 feet or under; and

(6) Sixth class, to persons capable of piloting ships or vessels drawing 25 feet or under."

Section 9. Amend §113, Chapter 1, Title 23, Delaware Code by striking the existing section in its entirety and substituting in lieu thereof a new §113 to read as follows:

"§113. Qualifications for Licenses: Limitation on Numbers of Pilots:. Maximum Age of Licensees_l_Neglect of Duties.

(a) No license of the first, second, third, fourth, fifth or sixth class shall be granted to any person unless he or she has heretofore held or does now hold such license under the laws of this State or shall have served an apprenticeship as specified herein and by the Board, nor shall any license be granted until the person applying shall have arrived at the age of 21 years, nor shall any first class license be granted to any person until the number of first class pilots licensed under the laws of this state, excluding those pilots holding inactive licenses issued per §102(13) of this Title, shall have been reduced to less than 42, and thereafter such number shall not be exceeded. The whole number of second, third, fourth, fifth or sixth class licensed pilots, excluding those pilots holding inactive licenses issued per §102(13) of this Title, shall not exceed ten at any one time. Whenever and as often as a vacancy shall occur by reason of the number of first class pilots being reduced to less than 42, a first-class license shall be granted to the senior second-class pilot who is duly qualified under the laws of this state.

(b) No person shall be entitled to a license of the first class until that person has served for at least one year in each of the lower classes.

(c) Any license issued under this Chapter shall become void when the licensee reaches the age of seventy years, and shall not be renewed.

(d) Except as allowed by the Board or its rules, no pilot shall be entitled to a renewal of his or her license if he or she fails to pilot at least fifty-two (52) vessels over the route during the one year term of his or her license.

(e) Any pilot who fails to exercise his or her profession for any consecutive ninety (90) day period is forbidden from piloting vessels. Such pilot may resume piloting vessels only upon certification to the Board that he or she has made such refresher trips over the route as shall be

deemed necessary by the Board to assure that he or she is fully familiar with conditions along the route. Refresher trips shall be made in the company of a first class pilot."

(f) The provisions of subsection (a) and (b) of this Section shall not apply to any person who holds a valid first or second class State license as of April 8, 1993.

Section 10. Amend §114, Chapter 1, Title 23, Delaware Code by striking said section in its entirety and substituting in lieu thereof a new §114 to read as follows:

"§114. Apprenticeship Program.

(a) According to the needs and dictates of commerce and the interests of public safety, the Board shall from time to time solicit applications for and make appointments of apprentice pilots. No person shall be appointed to be an apprentice who does not hold either a baccalaureate degree from either a recognized and duly certified college or university, or from a maritime academy operated by the United States or a state, or a U.S. Coast Guard issued license to serve as third-mate on all oceans or master in near coastal waters aboard vessels of no less than 1600 tons, or a higher class of license. The number of apprentices at any one time shall be under the control and within the discretion of the Board of Pilot Commissioners. Apprenticeship openings, as they occur, shall be advertised for a period of not less than 1 week in a daily paper of general circulation.

(b) No person shall be entitled to a license in any class without first having completed the apprenticeship program enacted by regulation of the Board. The period of apprenticeship shall be four (4) years, excepting those apprentices who, at the time of appointment, held the above-described third-mate's or master's license, whose apprenticeship need be no longer than three (3) years. Apprentices must make a total of at least five hundred (500) trips over the route during their apprenticeship in vessels with first or second class pilots.

(c) The provisions of this section shall apply to all apprentices appointed after the effective date of this Act."

Section 11. Amend §115, Chapter, Title 23, Delaware Code by striking the phrase "paying to the Board of Pilot Commissioners" as the same appears therein and inserting in lieu thereof the phrase "paying to the Division of Professional Regulation" and by striking the phrase by the Board" as the same appears therein and inserting in lieu thereof the phrase by the Secretary of Administrative Services".

Section 12. Amend §116, Chapter 1, Title 23, Delaware Code by striking said section in its entirety.

Section 13. Amend §117, Chapter 1, Title 23, Delaware Code by striking said section in its entirety and substituting in lieu thereof a new §117 to read as follows:

"§117. Piloting Without License: Penalty.

(a) Whoever exercises the profession of pilot in the Bay or River Delaware, the navigable tributaries thereof, including the C&D Canal, or upon any other waters designated as pilotage waters by the Board, without a current license granted under this Chapter or under the laws of Pennsylvania shall be liable for a civil penalty equal to twice the amount of pilotage, as determined in accordance with this Chapter, for each such vessel piloted. Such penalty shall be payable to the State.

(b) Any person who provides pilotage to a vessel in distress shall not be deemed to have violated this section If he or she turns the vessel over to a duly licensed pilot who subsequently offers his or her services.

(c) No tugboat shall undertake to tow any vessel obligated by this Chapter to employ a pilot unless such vessel has a pilot on board who is licensed under this Chapter or by the Commonwealth of Pennsylvania. The master or person in charge of a tugboat which violates this section shall be deemed to be piloting without a license and shall be liable for the civil penalty described in paragraph (a) of this section.

(d) Any master, owner, charterer, operator, consignee, manager, or agent of a vessel required under this Chapter to take a pilot, who hires or allows a person to act as a pilot in violation of paragraph (a) hereof while knowing that the person does not hold a valid license issued under this Chapter or by the Commonwealth of Pennsylvania, shall be jointly and severally liable for the civil penalty described in paragraph (a) of this section.

(e) The State Attorney General on behalf of the Board may bring an action in the courts of this state or any other court of competent jurisdiction to enforce the provisions of this section."

Section 14. Amend §120, Chapter 1, Title 23, Delaware Code by redesignating subparagraphs (4) and (5) of paragraph (a) thereof as subparagraphs (5) and (6) respectively, and by inserting a new subparagraph (4) to read as follows:

"(4) levy a fine not to exceed $1,000;"

Section T5. Amend §121, Chapter 1, Title 23, Delaware Code by striking said section in its entirety and substituting a new §121 to read as follows:

"§121. Receipt of Pilots by Vessels: Penalties for Refusal: Jurisdiction,

(a) Except vessels of less than 100 gross tons, every foreign vessel and every vessel engaged in foreign commerce or trade entering, departing or underway upon the Delaware Bay or River, the navigable tributaries thereof, including the C. & D. Canal, or upon such other waters designated pilotage waters by the Board, shall be obliged to receive and employ a pilot licensed under this Chapter or by the Commonwealth of Pennsylvania;

(b) As used in this section, "vessel engaged in foreign trade" shall be defined as any vessel carrying any cargo loaded in a foreign port, or destined for a foreign port, as well as any vessel in ballast, having discharged its cargo of foreign origin, unless such vessel has specific orders to a port in the United States at which it is to load cargo. Orders to a vessel to proceed to Delaware Bay, to sea, or any other place for orders or instructions shall not be deemed such specific orders.

(c) If the Master of any vessel refuses or neglects to take a pilot, the master, owner, charterer, operator, manager, consignee, or agent of such vessel shall:

(i) forfeit and pay to any such pilot suing for the same a sum equal to the pilotage of such vessel plus attorney fees and costs to be recovered by a suit in the courts of this state or before a Justice of the Peace, or such pilot may pursue his or her remedy therefore by a suit in admiralty in any United States court either in personam or by proceeding in rem, to enforce the lien given him on such ship or vessel, as such pilot may see fit and proper to do; and

(ii) be liable to pay a civil penalty of up to $25,000, payable to the State, which penalty shall be enforceable via an action to be brought by the Attorney General in the courts of this State."

Section 16. Amend §124, Chapter 1, Title 23, Delaware Code by striking said section in its entirety.

Section 17. Amend §125, Chapter 1, Title 23, Delaware Code by striking said section in its entirety.

Section 18. Amend §126, Chapter 1, Title 23, Delaware Code by striking the figure "$800" as the same appears in the second sentence of said section and inserting in lieu thereof the phrase:

the applicable pilotage rate".

Section 19. Amend Subchapter IV, Chapter 1, Title 23, Delaware Code by adding thereto a new §130 to read as follows:

1130. Definitions.

As used in this Chapter:

(a) 'Deep draft vessel' shall mean any vessel which by virtue of its draft is limited in its ability to navigate such that its navigation will be of extraordinary duration or will occasion its pilot extraordinary care or trouble.

(b) 'Piloting' is defined as the work of directing a ship or vessel's movement on the waters of the Bay and River Delaware, all navigable tributaries thereof, the C. & D. Canal, and such other waters as may, from time to time be designated as pilotage waters by the Board.

(c) 'Vessel' is defined as any ship, however powered, barge, or tug and barge, or other craft used or capable of being used in navigation for the transportation of cargo or passengers.

(d) 'Underway' is the condition of any vessel which is not at anchor, aground or attached by one or more lines ashore."

Section 20. Amend §131, of Chapter 1, Title 23, Delaware Code by striking subparagraph (a)(2) in its entirety and substituting in lieu thereof a new subparagraph (a)(2) to read as follows:

"(2) The charges per unit shall be as follows:

Effective January 1, 1993 $4.74 per unit.

Effective January 1, 1994 $5.02 per unit.

Effective January 1, 1995 $5.32 per unit."

Section 21. Amend §131, Chapter 1, Title 23, Delaware Code by striking subparagraph (b)(2) in its entirety and substituting in lieu thereof a new subparagraph (b)(2) to read as follows:

"(2) The charges per unit shall be as follows:

Effective January 1, 1993 $4.74 per unit.

Effective January 1, 1994 $5.02 per unit.

Effective January 1, 1995 $5.32 per unit."

Section 22. Amend §131, Chapter 1, Title 23, Delaware Code by striking paragraph (c) in its entirety and substituting in lieu thereof a new paragraph (c) to read as follows:

"(c) The Board shall establish and enforce charges for additional services, including, but not limited to, provisions for transporting charges and a credit policy, including carrying charges and attorney's fees."

Section 23. Amend §134, Chapter 1, Title 23, Delaware Code by striking said section in its entirety and substituting In lieu thereof a new §134, to read as follows:

"§134. Compensation for Extraordinary Piloting Services.

Any vessel which has suffered any casualty limiting the capabilities of its steering, propulsion or navigational equipment or which is otherwise limited by its speed, draft, or other factor in its ability to navigate such that its navigation will be of extraordinary duration or will occasion its pilot extraordinary care or trouble shall be obliged to receive two (2) licensed pilots and to pay to each the full amount of pilotage required by this Chapter; in the event that such services are provided by a single pilot he or she may charge up to double the pilotage amount calculated in accordance with the rates of this Chapter."

Section 24. Amend §135, Chapter 1, Title 23, Delaware Code by striking the number "15" as the same appears in said section and substituting in lieu thereof the number "100".

Section 25. Amend §136, Chapter 1, Title 23, Delaware Code by striking the number "15" as the same appears in the first sentence of said section and substituting in lieu thereof the number "100".

Section 26. Amend Subchapter IV, Chapter 1, Title 23, Delaware Code by adding thereto a new §138 to read as follows:

"138. Pilotage for Outbound Deep Draft Vessels. '

Outbound deep draft vessels shall be assigned two pilots for the outbound passage, and the vessel's pilotage rate for such passage shall be doubled to account for the use of the two pilots."

Approved May 4, 1993.