WSR 97-01-108
PROPOSED RULES
BOARD OF
PILOTAGE COMMISSIONERS
[Filed December 18, 1996, 1:04 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 96-21-122.
Title of Rule: Duties of pilots.
Purpose: To provide clear direction for pilots to perform their duties by adopting reporting procedures, forms, and definitions relating to pilot incidents, near-miss occurrences, and navigational safety concerns.
Other Identifying Information: WAC 296-116-200.
Statutory Authority for Adoption: Chapter 88.16 RCW.
Statute Being Implemented: Chapter 88.16 RCW.
Summary: Pilot reporting forms and procedures are proposed that will be required under duties of pilots relating to incidents, near-miss occurrences, and navigational safety concerns.
Reasons Supporting Proposal: Clarification of reporting procedures is necessary.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Pilotage Commission, 1008 Western Avenue, Seattle, WA, (206) 515-3904.
Name of Proponent: Washington State Board of Pilotage Commissioners, governmental.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Reporting forms have been adopted by the board and are currently in use.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The proposed rule clarifies the duties of a pilot relating to reporting requirements and definitions of a pilot incident, a near-miss occurrence, and a navigational safety concern.
Forms have been adopted and are in use which are described in the proposed rule.
Proposal Changes the Following Existing Rules: An incident and a near-miss occurrence are defined and reporting procedures for each are described.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The rule applies to state licensed pilots and will impose no economic impact on private industry.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.
Hearing Location: Marine Exchange Conference Center, 2701 1st Avenue, Suite 110, Seattle, WA 98121, on February 13, 1997, at 9:00 a.m.
Assistance for Persons with Disabilities: Contact Peggy Larson by February 10, 1997, (206) 515-3904.
Submit Written Comments to: Mr. Larry Vognild, Chairman, FAX (206) 515-3969, by February 6, 1997.
Date of Intended Adoption: February 13, 1997.
December 18, 1996
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.
Completion of these forms does not replace or relieve a pilot from
any other reporting requirements under federal, state or local law. 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.]