Harbours Act, 1996
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Compulsory pilotage. |
60.—(1) Subject to subsection (3), a ship which is being navigated in a pilotage district in circumstances in which pilotage is compulsory for it shall be under the pilotage of— | |
(a) a pilot for the pilotage district the terms of whose pilot's licence or warrant of appointment, as the case may be, entitles him or her to pilot the ship in the circumstances concerned (hereafter in this section referred to as an “appropriately qualified pilot”), or | ||
(b) a person who is bona fide acting as the person in charge of the ship and who holds a pilotage exemption certificate entitling him or her to pilot the ship in the circumstances concerned. | ||
(2) If any ship is not under pilotage as required by subsection (1) after an appropriately qualified pilot has offered to take charge of the ship, the master of the ship shall be guilty of an offence. | ||
(3) (a) If the master of a ship cannot comply with paragraph (a) of subsection (1) because the services of appropriately qualified pilots are, for whatever reason, unavailable he or she may, notwithstanding that subsection, navigate the ship in the pilotage district provided the harbour master for the pilotage district, being satisfied that it is safe in all the circumstances for the ship to be so navigated, authorises such navigation. | ||
(b) If in circumstances to which paragraph (a) applies the master of a ship navigates it in a pilotage district without such navigation being authorised under that paragraph, he or she shall be guilty of an offence. | ||
(4) If the master of a ship navigates it in a pilotage district in circumstances in which pilotage is compulsory for it without notifying the harbour master for the pilotage district that he or she proposes to do so, he or she shall be guilty of an offence. | ||
(5) In this section “ship” does not include a class of ship that, as respects the pilotage district concerned, is exempted from the requirements of this section by bye-laws under section 71 . |