| Passed by the Senate March 11, 2005 YEAS 46 ________________________________________ President of the Senate Passed by the House April 5, 2005 YEAS 94 ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5207 as passed by the Senate and the House of Representatives on the dates hereon set forth. ________________________________________ Secretary | |
| Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
| State of Washington | 59th Legislature | 2005 Regular Session |
READ FIRST TIME 02/25/05.
AN ACT Relating to liability limitations for providing pilotage services; and amending RCW 88.16.115 and 88.16.118.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 88.16.115 and 1981 c 196 s 1 are each amended to read
as follows:
The preservation of human life and property associated with
maritime commerce on the pilotage waters of this state is declared to
be in the public interest, and the limitation and regulation of the
liability of pilots licensed by the state of Washington, and of any
county-wide port district located partly or entirely within the Grays
Harbor pilotage district as defined by RCW 88.16.050(2) authorized to
provide pilotage services, is necessary to such preservation and is
deemed to be in the public interest.
Sec. 2 RCW 88.16.118 and 1984 c 69 s 1 are each amended to read
as follows:
A ship's pilot licensed to act as such by the state of Washington,
and any county-wide port district located partly or entirely within the
Grays Harbor pilotage district as defined by RCW 88.16.050(2)
authorized to provide pilotage services, shall not be liable for
damages in excess of the amount of five thousand dollars for damages or
loss occasioned by ((the)) a pilot's errors, omissions, fault, or
neglect in the performance of pilotage services, except as may arise by
reason of the willful misconduct or gross negligence of ((the)) a
pilot.
When a pilot boards a vessel, that pilot becomes a servant of the
vessel and its owner and operator. Nothing in this section exempts the
vessel, its owner or operator from liability for damage or loss
occasioned by that ship to a person or property on the ground that (1)
the ship was piloted by a Washington state licensed pilot, or (2) the
damage or loss was occasioned by the error, omission, fault, or neglect
of a Washington state licensed pilot.