Harbours Act, 1996

Right of a pilot to supersede unauthorised person.

61.—(1) A pilot for a pilotage district may supersede as the pilot of a ship which is being navigated in the pilotage district any unauthorised person who has been engaged to pilot it.

(2) If the master of a ship navigates it in a pilotage district under the pilotage of an unauthorised person without first 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.

(3) If an unauthorised person pilots a ship in a pilotage district knowing that a pilot for the pilotage district has offered to pilot it, he or she shall be guilty of an offence.

(4) If the master of a ship which is navigating in a pilotage district knowingly engages or continues to engage an unauthorised person to pilot the ship after a pilot for the pilotage district has offered to pilot it, he or she shall be guilty of an offence.

(5) For the purposes of this section—

(a) a person is an unauthorised person if he or she is neither a pilot for the pilotage district concerned nor the holder of a pilotage exemption certificate, the terms of whose pilot's licence, warrant of appointment or certificate as aforesaid, as the case may be, entitles him or her to act as a pilot in the circumstances concerned,

(b) any person (other than the master or one of the crew of a ship) who is on the bridge of the ship or in any other position from which the ship is navigated (whether on board or elsewhere) shall be deemed to be piloting the ship unless he or she proves otherwise.

(6) 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 .