sec.101Immunity for pilots and general employers

### sec.101 Immunity for pilots and general employers A conducting pilot is not civilly liable for damage or loss caused by an act or omission of the conducting pilot. A supervising pilot is not civilly liable for damage or loss caused by an act or omission of the conducting pilot or the supervising pilot. The general employer of a conducting pilot or supervising pilot is not civilly liable for damage or loss caused by an act or omission of the conducting pilot or supervising pilot. Subsections (1) to (3) do not affect— any liability of a conducting pilot or supervising pilot’s general employer for not appointing a qualified and competent person as a pilot; and any liability of a ship’s master and owner. In this section— conducting pilot means a pilot who has the conduct of a ship as its pilot. general employer , of a conducting pilot or supervising pilot, means— the responsible pilotage entity for the compulsory pilotage area in which the pilot is acting to supply pilotage services; or if the responsible pilotage entity for a compulsory pilotage area has entered into a written agreement with another entity for the other entity to supply pilotage services in the pilotage area and the pilot is acting in the supply of the services—each party to the agreement. supervising pilot means a person who is licensed under a regulation as a pilot and who is on board a ship to train a conducting pilot or assess a conducting pilot’s competence as a pilot. s 101 sub 2001 No. 36 s 12 amd 2001 No. 79 s 73 ; 2002 No. 29 s 16 sch 1 ; 2013 No. 40 s 21 (sec.101-ssec.1) A conducting pilot is not civilly liable for damage or loss caused by an act or omission of the conducting pilot. (sec.101-ssec.2) A supervising pilot is not civilly liable for damage or loss caused by an act or omission of the conducting pilot or the supervising pilot. (sec.101-ssec.3) The general employer of a conducting pilot or supervising pilot is not civilly liable for damage or loss caused by an act or omission of the conducting pilot or supervising pilot. (sec.101-ssec.4) Subsections (1) to (3) do not affect— any liability of a conducting pilot or supervising pilot’s general employer for not appointing a qualified and competent person as a pilot; and any liability of a ship’s master and owner. (sec.101-ssec.5) In this section— conducting pilot means a pilot who has the conduct of a ship as its pilot. general employer , of a conducting pilot or supervising pilot, means— the responsible pilotage entity for the compulsory pilotage area in which the pilot is acting to supply pilotage services; or if the responsible pilotage entity for a compulsory pilotage area has entered into a written agreement with another entity for the other entity to supply pilotage services in the pilotage area and the pilot is acting in the supply of the services—each party to the agreement. supervising pilot means a person who is licensed under a regulation as a pilot and who is on board a ship to train a conducting pilot or assess a conducting pilot’s competence as a pilot. - (a) any liability of a conducting pilot or supervising pilot’s general employer for not appointing a qualified and competent person as a pilot; and - (b) any liability of a ship’s master and owner. - (a) the responsible pilotage entity for the compulsory pilotage area in which the pilot is acting to supply pilotage services; or - (b) if the responsible pilotage entity for a compulsory pilotage area has entered into a written agreement with another entity for the other entity to supply pilotage services in the pilotage area and the pilot is acting in the supply of the services—each party to the agreement.