Part 5APilotage

Part 5A—Pilotage 33—Licensing of pilots (1) The CE may license persons qualified in accordance with the regulations as pilots. (1a) A licence remains in force for the period specified in the regulations and may be renewed in accordance with the regulations. (2) A licence may be granted under this section on such conditions as the CE thinks fit. (3) The CE may, by notice in writing to the holder of a licence under this Part, vary or revoke a condition of the licence. (4) A person who holds a licence under this Part must not contravene or fail to comply with a condition of the licence. (5) The CE may, by notice in writing to a licensed pilot, cancel the licence if satisfied that the pilot— (a) has been guilty of incompetence or breach of duty; or (b) has breached a condition of licence; or (c) has suffered mental or physical incapacity rendering the pilot incapable of satisfactorily performing the duties of a pilot. (6) On cancellation of a licence under this section, the former licensee must return the licence to the CE. 34—Pilotage exemption certificate (1) The CE may issue a pilotage exemption certificate to the master of a vessel in accordance with the regulations. (1a) A pilotage exemption certificate remains in force for the period specified in the regulations and may be renewed in accordance with the regulations. (2) A pilotage exemption certificate may be granted on such conditions as the CE thinks fit. (3) The CE may, by notice in writing to the holder of a pilotage exemption certificate under this Part, vary or revoke a condition of the certificate. (4) A person who holds a pilotage exemption certificate under this Part must not contravene or fail to comply with a condition of the certificate. (4a) A pilotage exemption certificate lapses if the holder does not continue to have the periodic experience in the navigation of vessels required by the regulations. (5) The CE may, by notice in writing to the holder of a pilotage exemption certificate, cancel the certificate if there are, in the CE's opinion, proper reasons for doing so. (6) On cancellation of a pilotage exemption certificate under this section, the former holder of the certificate must return the certificate to the CE. 35—Compulsory pilotage (1) A vessel 35 metres or more in length must not be navigated within a prescribed area unless— (a) the vessel is navigated under the control or at the direction of a licensed pilot; or (b) the master of the vessel holds a pilotage exemption certificate under this Part. (2) If a vessel is navigated in contravention of this section, the owner and the master are each guilty of an offence. (4) The CE may, subject to such conditions as the CE thinks fit, exempt a vessel from the requirements of this section. (5) In this section— prescribed area means— (a) a harbor prescribed by the regulations for the purposes of this section; and (b) any other area of this jurisdiction prescribed by the regulations for the purposes of this section. 36—Duties and immunities of pilots (1) The duty of a pilot is to pilot the vessel subject to the authority of the master, and the fact that a vessel is under pilotage does not relieve the master from responsibility for the navigation of the vessel. (2) No civil liability attaches to a pilot or to a pilot's employer for negligence by the pilot in relation to the pilotage of the vessel (but this subsection does not relieve from liability that may attach to a person as owner of a vessel). (3) The liability of the owner or master of a ship for damage resulting from a fault in the navigation of the ship is unaffected by the fact that the vessel is under pilotage or that the pilotage is compulsory.