H-678 _______________________________________________
HOUSE BILL NO. 818
_______________________________________________
State of Washington 50th Legislature 1987 Regular Session
By Representatives Sayan, Grimm, Belcher, Meyers and H. Sommers
Read first time 2/11/87 and referred to Committee on Transportation.
AN ACT Relating to vessel pilotage; amending RCW 43.22.505, 44.40.070, 88.16.005, 88.16.035, 88.16.040, 88.16.061, 88.16.070, 88.16.090, 88.16.100, 88.16.103, 88.16.105, 88.16.107, 88.16.110, 88.16.120, 88.16.130, 88.16.150, 88.16.155, and 88.16.190; repealing RCW 88.16.010 and 88.16.020; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 2, chapter 123, Laws of 1975 1st ex. sess. and RCW 43.22.505 are each amended to read as follows:
The department of labor and industries is specifically authorized to print, reprint, and distribute subject matter including but not limited to the following:
(1) The provisions of Title 51 RCW;
(2) The provisions of Title 49 RCW;
(3) The provisions of chapter 7.68 RCW;
(4) The provisions of chapter 88.16 RCW;
(5) The provisions of chapter 19.28 RCW;
(6) The provisions of chapter 43.22 RCW;
(7) The provisions of chapter 41.56 RCW;
(8) The provisions of chapter 49.66 RCW;
(9) The provisions of chapter 70.79 RCW;
(10) The provisions of chapter 70.74 RCW;
(11) The provisions of chapter 70.87 RCW;
(12) The provisions of all other statutes administered by the department or such statutes as have a relationship to the functions and obligations of the department; and
(13) The
rules and regulations of the department of labor and industries, the state
apprenticeship council, the ((state board of pilotage commissioners)) department
of transportation and the board of boiler rules promulgated pursuant to the
statutory provisions cited above.
Sec. 2. Section 1, chapter 201, Laws of 1973 1st ex. sess. as last amended by section 3, chapter 192, Laws of 1979 ex. sess. and RCW 44.40.070 are each amended to read as follows:
Prior to
October 1st of each even-numbered year all state agencies whose major programs
consist of transportation activities, including the department of
transportation, the utilities and transportation commission, the urban arterial
board, the Washington state patrol, the department of licensing, the traffic
safety commission, and the county road administration board, ((and
the board of pilotage commissioners,)) shall adopt or revise, after
consultation with the legislative transportation committee, a comprehensive
six-year program and financial plan for all transportation activities under
each agency's jurisdiction.
The comprehensive six-year program and financial plan shall state the general objectives and needs of each agency's major transportation programs, including workload and performance estimates.
Sec. 3. Section 1, chapter 337, Laws of 1977 ex. sess. and RCW 88.16.005 are each amended to read as follows:
The legislature finds and declares that it is the policy of the state of Washington to prevent the loss of human lives, loss of property and vessels, and to protect the marine environment of the state of Washington through the sound application of compulsory pilotage provisions in certain of the state waters.
The legislature further finds and declares that it is a policy of the state of Washington to have pilots experienced in the handling of vessels aboard vessels in certain of the state waters with prescribed qualifications and licenses issued by the state.
It is the
intent of the legislature to ensure against the loss of lives, loss or damage
to property and vessels, and to protect the marine environment ((through the
establishment of a board of pilotage commissioners representing the interests
of the people of the state of Washington)).
It is the further intent of the legislature not to place in jeopardy Washington's position as an able competitor for waterborne commerce from other ports and nations of the world, but rather to continue to develop and encourage such commerce.
Sec. 4. Section 4, chapter 337, Laws of 1977 ex. sess. and RCW 88.16.035 are each amended to read as follows:
The ((board
of pilotage commissioners)) department of transportation shall:
(1) Adopt
rules, pursuant to chapter 34.04 RCW as now existing or hereafter amended,
necessary for the enforcement and administration of this chapter((. Rules
in effect on September 21, 1977, with the exception of those rules pertaining
to pilot qualifications shall remain in force and effect until amended,
repealed, or replaced by the board, except that such rules as are inconsistent
with the provisions of RCW 88.16.005, 88.16.010, 88.16.020, 88.16.035,
88.16.050, 88.16.070, 88.16.090, 88.16.103, 88.16.105, 88.16.150 and 88.16.155
are hereby repealed));
(2) License pilot applicants meeting the qualifications and passing the examination as provided for in RCW 88.16.090 as now or hereafter amended and to establish additional training requirements as required to maintain a competent pilotage service;
(3) Maintain a register of pilots, records of pilot accidents and other history pertinent to pilotage, along with a roster of vessels, agents, owners, operators, and masters necessary for the maintenance of a roster of persons interested in and concerned with pilotage and maritime safety;
(4) ((To))
Annually fix the pilotage tariffs for pilotage services performed aboard
vessels as required by this chapter: PROVIDED, That the ((board)) department
may fix extra compensation for extra services to vessels in distress, for
awaiting vessels, or for being carried to sea on vessels against the will of
the pilot, and for such other services as may be determined by the ((board))
department;
(5) ((To))
File annually with the governor, the secretary of the senate, and the
chief clerk of the house of representatives a report which includes, but is not
limited to, the following: The number, names, addresses, ages, pilot license
number, and years of service as a Washington licensed pilot of any person
licensed by the ((board)) department as a Washington state pilot;
((the names, employment, and other information of the members of the board;))
the total number of pilotage assignments by pilotage district, including
information concerning the various types and sizes of vessels and the total
annual tonnage; the annual earnings of individual pilots before and after
deduction for expenses of pilot organizations, including extra compensation as
a separate category; the annual expenses of private pilot associations,
including personnel employed and capital expenditures; the status of pilotage
tariffs, extra compensation, and travel; the retirement contributions paid to
pilots and the disposition thereof; the number of accidents, groundings,
mishaps, or other incidents which are reported to or investigated by the ((board))
department, including the vessel name, location of incident, pilot's
name, and disposition of the case together with information received before the
((board)) department acted from all persons concerned, including
the United States coast guard; the disposition and listing of all complaints
filed by any person against any pilot or by any pilot against any other person
or organization; the names, qualifications, time scheduled for examinations,
and the district of persons desiring to apply for Washington state pilotage
licenses; summaries of dispatch records, quarterly reports from pilots, and the
bylaws and operating rules of pilotage organizations; the names, sizes in
deadweight tons, surcharges, if any, port of call, name of the pilot, and names
and horsepower of tug boats for any and all oil tankers subject to the
provisions of RCW 88.16.170 through 88.16.190 together with the names of any
and all vessels for which the United States coast guard requires special
handling pursuant to their authority under the Ports and Waterways Safety Act
of 1972; the expenses of the ((board)) department under this chapter;
and any and all other information which the ((board)) department
deems appropriate to include;
(6) Publish
a manual which includes the pilotage act and other statutes of Washington state
and the federal government which affect pilotage, including the rules of the ((board))
department, together with such additional information as may be
informative for pilots, agents, owners, operators, and masters. Such manual
shall be distributed without cost to all pilots and governmental agencies upon
request. All other copies shall be sold for a five dollar fee with proceeds to
be credited to the pilotage account;
(7) Provide for the maintenance of efficient and competent pilotage service on all waters covered by this chapter; and do such other things as are reasonable, necessary, and expedient to insure proper and safe pilotage upon the waters covered by this chapter and facilitate the efficient administration of this chapter.
Sec. 5. Section 14, chapter 18, Laws of 1935 as amended by section 9, chapter 15, Laws of 1967 and RCW 88.16.040 are each amended to read as follows:
((Any
member of the board)) The department of transportation shall have
power to administer oaths in any matter ((before the board)) for
consideration or inquiry and to issue subpoenas requiring witnesses to appear
before the ((board)) department. Such subpoenas shall be signed
by ((a member of the board)) the secretary of transportation and
issued in the name of the state of Washington and be served and returned, and
mileage and witness fees shall be paid in like manner and effect as in a civil
action. A witness wilfully disobeying such subpoena served upon him shall be
proceeded against upon complaint of the ((board)) department to
the prosecuting attorney of the county where his attendance was demanded as for
a contempt of the authority of the superior court of said county.
Sec. 6. Section 11, chapter 15, Laws of 1967 and RCW 88.16.061 are each amended to read as follows:
The account
in the general fund designated in RCW 43.79.330(((17)))(7) as the
"Puget Sound pilotage account" is hereby redesignated as the
"pilotage account".
Sec. 7. Section 4, chapter 18, Laws of 1935 as last amended by section 6, chapter 337, Laws of 1977 ex. sess. and RCW 88.16.070 are each amended to read as follows:
All vessels
under enrollment and all United States and Canadian vessels engaged exclusively
in the coasting trade on the west coast of the continental United States
(including Alaska) and/or British Columbia shall be exempt from the provisions
of this chapter unless a pilot licensed under this chapter be actually employed,
in which case the pilotage rates provided for in this chapter shall apply.
Every vessel not so exempt, shall while navigating the Puget Sound and Grays
Harbor and Willapa Bay pilotage districts, employ a pilot licensed under the
provisions of this chapter and shall be liable for and pay pilotage rates in
accordance with the pilotage rates herein established or which may hereafter be
established under the provisions of this chapter: PROVIDED, That any vessel
inbound to or outbound from Canadian ports is exempt from the provisions of
this section, if said vessel actually employs a pilot licensed by the Pacific
pilotage authority (the pilot licensing authority for the western district of
Canada), and if it is communicating with the vessel traffic system and has
appropriate navigational charts, and if said vessel uses only those waters east
of the international boundary line which are west of a line which begins at the
southwestern edge of Point Roberts then to Alden Point (Patos Island), then to
Skipjack Island light, then to Turn Point (Stuart Island), then to Kellet Bluff
(Henry Island), then to Lime Kiln (San Juan Island) then to the intersection of
one hundred twenty-three degrees seven minutes west longitude and forty-eight
degrees twenty-five minutes north latitude then to the international boundary.
The ((board)) department of transportation shall correspond with
the Pacific pilotage authority from time to time to ensure the provisions of
this section are enforced. If any exempted vessel does not comply with these
provisions it shall be deemed to be in violation of this section and subject to
the penalties provided in RCW 88.16.150 as now or hereafter amended and liable
to pilotage fees as determined by the ((board)) department of
transportation. The ((board)) department shall investigate
any accident on the waters covered by this chapter involving a Canadian pilot
and shall include the results in its annual report.
Sec. 8. Section 8, chapter 18, Laws of 1935 as last amended by section 1, chapter 122, Laws of 1986 and RCW 88.16.090 are each amended to read as follows:
(1) No person may pilot any vessel subject to the provisions of this chapter on waters covered by this chapter unless such a person is appointed and licensed to pilot such vessels on said waters under and pursuant to the provisions of this chapter.
(2) No
person is eligible to be appointed a pilot unless such a person is a citizen of
the United States, over the age of twenty-five years and under the age of
seventy years and a resident of the state of Washington at the time of
appointment, nor unless the pilot applicant holds as a minimum, a United
States government license as a master of freight and towing vessels not more
than one thousand gross tons (inspected vessel), such license to have been held
by the applicant for a period of at least two years prior to taking the
Washington state pilotage examination and a first class United States
endorsement without restrictions on that license to pilot in the pilotage
districts for which the pilot applicant desires to be licensed, nor unless the
pilot applicant meets such other qualifications as may be required by the ((board))
department of transportation.
(3) Pilots
shall be licensed hereunder for a term of five years from and after the date of
the issuance of their respective state licenses. Such licenses shall
thereafter be renewed as of course, unless the ((board)) department
shall withhold same for good cause. Each pilot shall pay to the state treasurer
an annual license fee established by the ((board of pilotage commissioners))
department pursuant to chapter 34.04 RCW, but not to exceed one thousand
five hundred dollars, to be placed in the state treasury to the credit of the
pilotage account. The ((board)) department may assess partially
active or inactive pilots a reduced fee.
(4) Pilot
applicants shall be required to pass a written and oral examination
administered and graded by the ((board)) department which shall
test such applicants on this chapter, the rules of the ((board)) department,
local harbor ordinances, and such other matters as may be required to
compliment the United States examinations and qualifications.
(5) On and
after September 21, 1977, the ((board)) department shall have developed
five examinations and grading sheets for the Puget Sound pilotage district, and
two for each other pilotage district, for the testing and grading of pilot
applicants. The examinations shall be administered to pilot applicants on a
random basis and shall be updated as required to reflect changes in law, rules,
policies, or procedures. The ((board)) department may appoint a
special independent examination committee or may contract with a firm knowledgeable
and experienced in the development of professional tests for development of
said examinations. Active licensed state pilots may be consulted for the
general development of examinations but shall have no knowledge of the specific
questions. ((The pilot members of the board may participate in the grading
of examinations. If the board does appoint a special examination development
committee it is authorized to pay the members of said committee the same
compensation and travel expenses as received by members of the board.))
When grading examinations the ((board)) department shall
carefully follow the grading sheet prepared for that examination. The ((board))
department shall develop a "sample examination" which would
tend to indicate to an applicant the general types of questions on pilot
examinations, but such sample questions shall not appear on any actual
examinations. Any person who wilfully gives advance knowledge of information
contained on a pilot examination is guilty of a gross misdemeanor.
(6) All
pilots and applicants are subject to an annual physical examination by a
physician chosen by the ((board)) department. The physician
shall examine the applicant's heart, blood pressure, circulatory system, lungs
and respiratory system, eyesight, hearing, and such other items as may be
prescribed by the ((board)) department. After consultation with
a physician and the United States coast guard, the ((board)) department
shall establish minimum health standards to ensure that pilots licensed by the
state are able to perform their duties.
(7) The ((board))
department shall prescribe, pursuant to chapter 34.04 RCW, a number of
familiarization trips, between a minimum number of twenty-five and a maximum of
one hundred, which pilot applicants must make in the pilotage district for
which they desire to be licensed. Familiarization trips any particular
applicant must make are to be based upon the applicant's vessel handling
experience.
(8) The ((board))
department shall prescribe, pursuant to chapter 34.04 RCW, such
reporting requirements and review procedures as may be necessary to assure the
accuracy and validity of license and service claims, and records of
familiarization trips of pilot candidates. Willful misrepresentation of such
required information by a pilot candidate shall result in disqualification of
the candidate.
Sec. 9. Section 13, chapter 18, Laws of 1935 as last amended by section 1, chapter 121, Laws of 1986 and RCW 88.16.100 are each amended to read as follows:
(1) The ((board))
department of transportation shall have power on its own motion or, in
its discretion, upon the written request of any interested party, to
investigate the performance of pilotage services subject to this chapter and to
issue a fine in an amount not to exceed five thousand dollars and suspend,
withhold, or revoke the license of any pilot for misconduct, incompetency,
inattention to duty, intoxication, or failure to perform his duties under this
chapter, or violation of any of the rules or regulations provided by the ((board))
department for the government of pilots.
(2) In all
instances where a pilot licensed under this chapter performs pilot services on
a vessel exempt under RCW 88.16.070, the ((board)) department may
investigate whether the services were performed in a professional manner
consistent with sound maritime practices. If the ((board)) department
finds that the pilotage services were performed in a negligent manner so as to
endanger life, limb, or property, the ((board)) department shall
impose a fine of not more than five thousand dollars upon the offending pilot.
(3) When
the ((board)) department determines that reasonable cause exists
to impose a fine or suspend, revoke, or withhold any pilot's license it shall
forthwith prepare and personally serve upon such pilot a notice advising him of
the ((board's)) department's intended action, the specific
grounds therefor, and the right to request a hearing to challenge the ((board's))
department's action. The pilot shall have thirty days from the date on
which notice is served to request a full hearing before an administrative law
judge on the issue of the fine or suspension, revocation, or withholding of his
pilot's license. The ((board's)) department's proposed fine or suspension,
revocation, or withholding of a license shall become final upon the expiration
of thirty days from the date notice is served, unless a hearing has been
requested prior to that time. When a hearing is requested the ((board))
department shall request the appointment of an administrative law judge
under chapter 34.12 RCW who has sufficient experience and familiarity with
pilotage matters to be able to conduct a fair and impartial hearing. The
hearing shall be governed by the provisions of Title 34 RCW. All final
decisions of the administrative law judge shall be subject to review by the
superior court of the state of Washington for Thurston county or by the
superior court of the county in which the pilot maintains his residence or
principal place of business, to which court any case with all the papers and
proceedings therein shall be immediately certified by the administrative law
judge if requested to do so by any party to the proceedings at any time within
thirty days after the date of any such final decision. No appeal may be taken
after the expiration of thirty days after the date of final decision. Any case
so certified to the superior court shall be tried de novo and after
certification of the record to said superior court the proceedings shall be had
as in a civil action. Moneys collected from fines under this section shall be
deposited in the pilotage account.
Sec. 10. Section 9, chapter 337, Laws of 1977 ex. sess. as amended by section 2, chapter 122, Laws of 1986 and RCW 88.16.103 are each amended to read as follows:
(1) Pilots, after completion of an assignment or assignments which are seven hours or longer in duration, shall receive a mandatory rest period of seven hours.
(2) A pilot
shall refuse a pilotage assignment if the pilot is physically or mentally
fatigued or if the pilot has a reasonable belief that the assignment cannot be
carried out in a competent and safe manner. Upon refusing an assignment as
herein provided a pilot shall submit a written explanation to the ((board))
department of transportation within forty-eight hours. If the ((board))
department finds that the pilot's written explanation is without merit,
or reasonable cause did not exist for the assignment refusal, such pilot may be
subject to the provisions of RCW 88.16.100.
(3) The owner or operator of a vessel may decline the assignment of a particular pilot to the vessel.
(4)
The ((board)) department shall quarterly review the dispatch
records of pilot organizations or pilot's quarterly reports to ensure the
provisions of this section are enforced. The ((board)) department
may prescribe rules for rest periods pursuant to chapter 34.04 RCW.
Sec. 11. Section 10, chapter 337, Laws of 1977 ex. sess. and RCW 88.16.105 are each amended to read as follows:
The ((board))
department of transportation shall prescribe, pursuant to chapter 34.04
RCW, rules governing the size of vessels which a newly licensed pilot may be
assigned to pilot on the waters of this state. Such rules shall be only for
the first two year period in which pilots are actually employed.
Sec. 12. Section 15, chapter 337, Laws of 1977 ex. sess. and RCW 88.16.107 are each amended to read as follows:
Any pilot
licensed pursuant to this chapter may appear or testify before the legislature
or ((board of pilotage commissioners)) the department of
transportation and no person shall place any sanction against said pilot
for having testified or appeared.
Sec. 13. Section 7, chapter 18, Laws of 1935 and RCW 88.16.110 are each amended to read as follows:
Every pilot
licensed under this chapter shall file with the ((board)) department
of transportation not later than the tenth day of January, April, July and
October of each year a report for the preceding quarter. Said report shall contain
an account of all moneys received for pilotage by him or by any other person
for him or on his account or for his benefit. Said report shall state the name
of each vessel piloted, the amount charged to and/or collected from each
vessel, the port of registry of such vessel, its dead weight tonnage, whether
it was inward or outward bound, whether the amount so received, collected or
charged is in full payment of pilotage and such other information as the ((board))
department shall by regulation prescribe.
Sec. 14. Section 6, chapter 18, Laws of 1935 as last amended by section 13, chapter 337, Laws of 1977 ex. sess. and RCW 88.16.120 are each amended to read as follows:
No pilot
shall charge, collect or receive and no person, firm, corporation or
association shall pay for pilotage or other services performed hereunder any
greater, less or different amount, directly or indirectly, than the rates or
charges herein established or which may be hereafter fixed by the ((board))
department of transportation pursuant to this chapter. Any pilot,
person, firm, corporation or association violating the provisions of this
section shall be guilty of a misdemeanor and shall be punished pursuant to RCW
88.16.150 as now or hereafter amended, said prosecution to be conducted by the
prosecuting attorney of any county wherein the offense or any part thereof was
committed.
Sec. 15. Section 11, chapter 18, Laws of 1935 as last amended by section 14, chapter 337, Laws of 1977 ex. sess. and RCW 88.16.130 are each amended to read as follows:
Any person
not holding a license as pilot under the provisions of this chapter who pilots
any vessel subject to the provisions of this chapter on waters covered by this
chapter shall pay to the ((board)) department of transportation
the pilotage rates payable under the provisions of this chapter. Any master or
owner of a vessel required to employ a pilot licensed under the provisions of
this chapter who refuses to do so when such a pilot is available shall be
punished pursuant to RCW 88.16.150 as now or hereafter amended and shall be
imprisoned in the county jail of the county wherein he is so convicted until
said fine and the costs of his prosecution are paid.
Sec. 16. Section 10, chapter 18, Laws of 1935 as last amended by section 8, chapter 337, Laws of 1977 ex. sess. and RCW 88.16.150 are each amended to read as follows:
(1) In all
cases where no other penalty is prescribed in this chapter, any violation of
this chapter or of any rule or regulation of the ((board)) department
of transportation shall be punished as a gross misdemeanor, and all
violations may be prosecuted in any court of competent jurisdiction in any
county where the offense or any part thereof was committed. In any case where
the offense was committed upon a ship, boat or vessel, and there is doubt as to
the proper county, the same may be prosecuted in any county through any part of
which the ship, boat or vessel passed, during the trip upon which the offense
was committed. All fines collected for any violation of this chapter or any
rule or regulation of the ((board)) department of transportation
shall within thirty days be paid by the official collecting the same to the
state treasurer and shall be credited to the pilotage account: PROVIDED, That
all fees, fines, forfeitures and penalties collected or assessed by a justice
court because of the violation of a state law shall be remitted as provided in
chapter 3.62 RCW as now exists or is later amended.
(2)
Notwithstanding any other penalty imposed by this section, any person who shall
violate the provisions of this chapter, shall be liable to a maximum civil
penalty of five thousand dollars. The ((board)) department of
transportation may request the prosecuting attorney of the county in which
any violation of this chapter occurs to bring an action for imposing the civil
penalties provided for in this subsection.
Moneys collected from civil penalties shall be deposited in the pilotage account.
(3) Any master of a vessel who shall knowingly fail to inform the pilot dispatched to said vessel or any agent, owner, or operator, who shall knowingly fail to inform the pilot dispatcher, or any dispatcher who shall knowingly fail to inform the pilot actually dispatched to said vessel of any special directions mandated by the coast guard captain of the port under authority of the Ports and Waterways Safety Act of 1972, as amended, for the handling of such vessel shall be guilty of a gross misdemeanor.
Sec. 17. Section 11, chapter 337, Laws of 1977 ex. sess. and RCW 88.16.155 are each amended to read as follows:
(1) The
master of any vessel which employs a Washington licensed pilot shall certify on
a form prescribed by the ((board of pilotage commissioners)) department
of transportation that the vessel complies with:
(a) Such
provisions of the United States coast guard regulations governing the safety
and navigation of vessels in United States waters, as codified in Title 33 of
the code of federal regulations, as the ((board)) department of
transportation may prescribe; and
(b) The
provisions of current international agreements governing the safety, radio
equipment, and pollution of vessels and other matters as ratified by the United
States Senate and prescribed by the ((board)) department of
transportation.
(2) The
master of any vessel which employs a Washington licensed pilot shall be
prepared to produce, and any Washington licensed pilot employed by a vessel
shall request to see, certificates of the vessel which certify and indicate
that the vessel complies with subsection (1) of this section and the rules of
the ((board)) department promulgated pursuant to subsection (1)
of this section.
(3) If the
master of a vessel which employs a Washington licensed pilot cannot certify
that the vessel complies with subsection (1) of this section and the rules of
the ((board)) department adopted pursuant to subsection (1) of
this section, the master shall certify that:
(a) The vessel will comply with subsection (1) of this section before the time the vessel is scheduled to leave the waters of Washington state; and
(b) The coast guard captain of the port was notified of the noncomplying items when they were determined; and
(c) The coast guard captain of the port has authorized the vessel to proceed under such conditions as prescribed by the coast guard pursuant to its authority under federal statutes and regulations.
(4) After
the ((board)) department of transportation has prescribed the
form required under subsection (1) of this section, no Washington licensed pilot
shall offer pilotage services to any vessel on which the master has failed to
make a certification required by this section. If the master fails to make a
certification the pilot shall:
(a) Disembark from the vessel as soon as practicable; and
(b) Immediately inform the port captain of the conditions and circumstances by the best possible means; and
(c) Forward
a written report to the ((board)) department no later than
twenty-four hours after disembarking from the vessel.
(5) Any
Washington licensed pilot who offers pilotage services to a vessel on which the
master has failed to make a certification required by this section or the rules
of the ((board)) department adopted under this section shall be
subject to RCW 88.16.150, as now or hereafter amended, and RCW 88.16.100, as
now or hereafter amended.
(6) The ((board))
department shall revise the requirements enumerated in this section as
necessary to reflect changes in coast guard regulations, federal statutes, and
international agreements. All actions of the ((board)) department
under this section shall comply with chapters 34.04 and 42.30 RCW. The ((board))
department shall prescribe the time of and method for retention of forms
which have been signed by the master of a vessel in accordance with the
provisions of this section.
(7) This
section shall not apply to the movement of dead ships. The ((board)) department
shall prescribe pursuant to chapter 34.04 RCW, after consultation with the
coast guard and interested persons, for the movement of dead ships and the
certification process thereon.
Sec. 18. Section 3, chapter 125, Laws of 1975 1st ex. sess. and RCW 88.16.190 are each amended to read as follows:
(1) Any oil tanker, whether enrolled or registered, of greater than one hundred and twenty-five thousand deadweight tons shall be prohibited from proceeding beyond a point east of a line extending from Discovery Island light south to New Dungeness light.
(2) An oil tanker, whether enrolled or registered, of forty to one hundred and twenty-five thousand deadweight tons may proceed beyond the points enumerated in subsection (1) if such tanker possesses all of the following standard safety features:
(a) Shaft horsepower in the ratio of one horsepower to each two and one-half deadweight tons; and
(b) Twin screws; and
(c) Double bottoms, underneath all oil and liquid cargo compartments; and
(d) Two radars in working order and operating, one of which must be collision avoidance radar; and
(e) Such
other navigational position location systems as may be prescribed from time to
time by the ((board of pilotage commissioners)) department of transportation:
PROVIDED, That, if such forty to one hundred and twenty-five thousand deadweight ton tanker is in ballast or is under escort of a tug or tugs with an aggregate shaft horsepower equivalent to five percent of the deadweight tons of that tanker, subsection (2) of this section shall not apply: PROVIDED FURTHER, That additional tug shaft horsepower equivalencies may be required under certain conditions as established by rule and regulation of the Washington utilities and transportation commission pursuant to chapter 34.04 RCW: PROVIDED FURTHER, That a tanker of less than forty thousand deadweight tons is not subject to the provisions of RCW 88.16.170 through 88.16.190.
NEW SECTION. Sec. 19. The following acts or parts of acts are each repealed:
(1) Section 1, chapter 18, Laws of 1935, section 58, chapter 292, Laws of 1971 ex. sess., section 73, chapter 151, Laws of 1977 ex. sess., section 2, chapter 337, Laws of 1977 ex. sess., section 1, chapter 207, Laws of 1979 ex. sess. and RCW 88.16.010; and
(2) Section 2, chapter 18, Laws of 1935, section 1, chapter 184, Laws of 1941, section 1, chapter 15, Laws of 1967, section 178, chapter 34, Laws of 1975-'76 2nd ex. sess., section 74, chapter 151, Laws of 1977 ex. sess., section 3, chapter 337, Laws of 1977 ex. sess., section 111, chapter 287, Laws of 1984 and RCW 88.16.020.
NEW SECTION. Sec. 20. This act shall not be construed as affecting any existing right acquired or liability or obligation incurred under the sections amended or repealed in this act or under any rule, regulation, or order adopted under those sections, nor as affecting any proceeding instituted under those sections. All rules and all pending business before the board of pilotage commissioners shall be continued and acted upon by the department of transportation.