WSR 97-06-106
PERMANENT RULES
BOARD OF
PILOTAGE COMMISSIONERS
[Filed March 5, 1997, 8:33 a.m.]
Date of Adoption: February 13, 1997.
Purpose: To clarify the duties of a pilot relating to reporting procedures, forms, and definitions of a pilot incident and near-miss occurrence. To also provide for voluntary reporting of navigational safety concerns.
Citation of Existing Rules Affected by this Order: Amending WAC 296-116-200.
Statutory Authority for Adoption: Chapter 88.16 RCW.
Adopted under notice filed as WSR 97-01-108 on December 18, 1996.
Changes Other than Editing from Proposed to Adopted Version: Additionally provides notification to the vessel master when such a report is filed by a state pilot.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, amended 1, repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 1, repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 1, repealed 0.
Effective Date of Rule: Thirty-one days after filing.
February 14, 1997
Peggy Larson
Administrator
AMENDATORY SECTION (Amending Order 73-6, filed 5/11/73)
WAC 296-116-200 Duties of pilots. (1) In any case where a vessel
in the charge of a state licensed pilot ((shall go aground, collide with
another vessel, or dock, or shall meet with any casualty, or be injured
or damaged in any way)) is involved in an incident or near-miss
occurrence, the said pilot shall((, within ten days thereafter,)) make
((written)) a report ((thereof)) to ((said)) the board((, and)) in the
following required manner:
(a) Pilots report of incident. A state licensed pilot involved in an incident shall notify the board by telephoning or radioing the Marine Exchange of Puget Sound as soon as the situation is stabilized or within one hour of reaching shore. The pilot shall also complete the board required Pilot's Report of Incident form and file it with the board as soon as possible after the incident, but in no event more than ten days afterwards. An incident includes an actual or apparent collision, allision or grounding, as well as a navigational occurrence which results in actual or apparent personal injury or property damage or environmental damage.
(b) Pilot's report of marine safety occurrence. A state licensed pilot involved in a near-miss occurrence shall complete the board required Pilot's Report of Marine Safety Occurrence form and file it with the board as soon as possible after the near-miss occurrence, but in no event more than ten days afterwards. A near-miss occurrence is where a pilot successfully takes action of a nonroutine nature to avoid a collision with another vessel, structure or aid to navigation, to avoid a grounding of the vessel or to avoid causing damages to the environment. Information relating to near-miss occurrences provided by a pilot on this form shall not be used for imposing any sanctions or penalties against said pilot. A state licensed pilot may also use this form on a voluntary basis for reporting out of the ordinary occurrences or concerns for navigational safety encountered or observed during the course of piloting a vessel.
(c) Completion of these forms does not replace or relieve a pilot
from any other reporting requirements under federal, state or local law.
If circumstances permit, a pilot will notify the vessel master of his/her
intent to file a report of incident or marine safety occurrence with the
board. The board shall forward a copy of any form received to the
respective shipper or its board representative. The board of pilotage
commissioners may ((thereupon)), ((either)) with or without a complaint
being made against ((the said)) a pilot, investigate the matter reported
upon. ((In any case of apparent damage being sustained or caused by a
vessel under his charge, the pilot shall file his written report as soon
as possible after returning to shore. It is important that the board be
promptly advised of the facts in all cases of accident, without delay.))
(2) Pilots will report to the pilot office and to the aids to navigation officer of the U.S. Coast Guard, all changes in lights, range lights, buoys, and any dangers to navigation that my come to their knowledge.
(3) Any pilot who shall fail, neglect or refuse to make a report to the board of pilotage commissioners as required by the pilotage laws of the state, or by these rules and regulations, for a period of ten days after the date when the said report is required to be made, shall be subject to having his license suspended at the discretion of the board, and if he fails to report for a period of thirty days the board may, at its discretion, revoke his license.
(4) Pilots when so notified in writing shall report in person to the board, at any meeting specified in such notice.
(5) Any pilot summoned to testify before the pilotage board shall appear in accordance with such summons and shall make answer, under oath, to any question put to him which deals with any matter connected with the pilot service, or of the pilotage waters over which he is licensed to act. He shall be entitled to have his attorney or advisor present during any such appearance and testimony.
(6) Any pilot who shall absent himself from his pilotage duties or district for a period of sixty days without permission of the board of pilotage commissioners shall be liable to suspension or to the forfeiture of his license.
(7) A pilot on boarding a ship, if required by the master thereof, shall exhibit his license, or photostatic copy thereof.
(8) When a pilot licensed under this act is employed on an enrolled ship, the same rules and regulations shall apply as pertain to registered ships.
(9) Any state licensed pilot assigned to pilot a vessel entering,
leaving, or shifting berths under its own power in any of the waters
subject to the provisions of chapter 88.16 RCW shall before assuming
pilotage obligations for such vessel obtain assurance from the master
that the vessel meets all requirements for safe navigation and
maneuvering. In addition, the pilot shall obtain assurance that the
ship's officers will maintain navigation procedures by all navigational
aids available to insure that the vessel's position is known at all
times. If the pilot in his professional judgment considers the vessel
to be incapable of safe navigation and maneuvering due to performance
limitations, he shall refuse to assume the obligations of pilotage for
such vessel until such limitations have been corrected and shall promptly
notify the pilot's control station and the chairman of the board of
pilotage commissioners of such action.
[Order 73-6, 296-116-200, filed 5/11/73; Order 2-68, 296-116-200, filed 11/1/68; 20, effective 11/25/58.]