Pilotage (Jersey) Law 1965

Jersey Law 13/1965 “PILOTAGE (JERSEY) LAW, 1965”, CONFIRMÉ PAR Ordre de Sa Majesté en Conseil en date du 3 août 1965. ____________ ARRANGEMENT OF ARTICLES ____________ Article 1. Interpretation 2. Categories of pilots 3. Master pilots 4. Licensing of pilots not to involve any liability 5. Form of licence and production and return thereof to Committee 6. Suspension or revocation of a pilot’s licence 7. Appeal by pilot against action of Committee in suspending etc. pilot’s licence 8. Limitation of pilot’s liability where bond is given 9. Regulations 10. Compulsory pilotage 11. Pilotage zone 12. Duty to maintain pilotage service 13. Pilot boats 14. Duty of pilots to produce licence etc., and to obtain certificate of service 15. Pilot signals 16. Pilot flags 17. Extent of pilotage 18. Duty of pilot to report collisions, groundings and loss of anchor etc. 19. Liability of owner or master in the case of a vessel under pilotage 20. Receiving or offering improper rates of pilotage 21. Breach or neglect of duty etc. 22. False representation and performing unlawful pilotage services 23. Miscellaneous offences 24. Failure to obey orders 25. Consultation with pilots 26. Short title and commencement PILOTAGE (JERSEY) LAW, 1965. ____________ A LAW to provide for the establishment of a pilotage service in the territorial waters of the Island, sanctioned by Order of Her Majesty in Council of the 3rd day of AUGUST, 1965. ____________ ( Registered on the 3 rd day of September , 1965). ____________ STATES OF JERSEY. ____________ The 4th day of February, 1965. ____________ T HE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law : - ARTICLE 1 INTERPRETATION (1) In this Law, unless the context otherwise requires – “the Committee” means the Harbours and Airport Committee ; “enactment” includes any enactment of the United Kingdom ; “excepted ship” has the meaning assigned thereto by Article 10 ; “general pilot”, “special pilot” and “reserve pilot” mean respectively a person holding a licence of the first, second and third categories granted under this Law ; “the Harbour Master” means the Harbour Master appointed in pursuance of Article 2 of the Harbours (Administration) (Jersey) Law, 1961 ; 1 “master pilot” has the meaning assigned thereto by Article 3 ; “pilot” means a general pilot, a special pilot or a reserve pilot ; “pilotage dues” has the meaning assigned thereto by Article 9 ; “pilotage zone” has the meaning assigned thereto by Article 11. (2) References in this Law to any other enactment include references to that enactment as amended by or under any subsequent enactment. ARTICLE 2 CATEGORIES OF PILOTS (1) For the purposes of this Law there shall be three categories of pilots, licensed as such by the Committee, namely – ( a ) first category, that is to say, pilots for the general pilotage service in the territorial waters of the Island (in this Law referred to as “general pilots”) ; ( b ) second category, that is to say, pilots for the special pilotage of ships under their command, engaged in the service of such owner and navigating within such parts of the territorial waters of the Island, as may be specified in the licence (in this Law referred to as “special pilots”) ; ( c ) third category, that is to say, pilots for the general pilotage service in the territorial waters of the Island to perform such duties where authorized by the Committee to do so (in this Law referred to as “reserve pilots”). (2) Every pilot shall furnish security, of such nature and in such sum as may be determined by the Committee, for the payment of any damages to which he may become liable by reason of any breach or neglect of duty, and where any such security has not been given or ceases to be effective, the licence granted to the pilot by whom it is required to be given shall be of no effect. ARTICLE 3 MASTER PILOTS (1) The Committee shall appoint two master pilots from amongst the general pilots to ensure that the duties of the general pilots are duly and properly performed and to ensure that effect is given to the lawful orders and directions of the Committee and the Harbour Master. (2) Where the Committee is of the opinion that a master pilot has been guilty of any dereliction of duty it may appoint a general pilot in his place. (3) The general pilots, in the performance of their duties, shall obey and execute all lawful orders and directions of the master pilots. ARTICLE 4 LICENSING OF PILOTS NOT TO INVOLVE ANY LIABILITY The grant or renewal of a licence to a pilot by the Committee under the powers vested in it by this Law does not impose any liability on the Committee for any loss occasioned by any act or default of the pilot. ARTICLE 5 FORM OF LICENCE AND PRODUCTION AND RETURN THEREOF TO COMMITTEE (1) A licence shall be in such form as the Committee may from time to time determine. (2) A pilot shall, when so required by the Committee or the Harbour Master, produce his licence for inspection and, where his licence is suspended or revoked, shall deliver up his licence to the Committee. (3) On the death of a pilot, the person into whose hands the licence comes shall, without delay, deliver it up to the Committee. (4) If any pilot or other person fails to comply with any of the provisions of this Article, he shall be liable in respect of each offence to a fine not exceeding ten pounds. ARTICLE 6 SUSPENSION OR REVOCATION OF A PILOT’S LICENCE The Committee may suspend or revoke any pilot’s licence if it appears to the Committee, after giving the holder thereof an opportunity of being heard, that he has been guilty of any offence under this Law or any regulations made thereunder, or of any other misconduct affecting his capability as a pilot, or that he has failed in or neglected his duty as a pilot, or that he is no longer a fit and proper person to act as pilot, and a licence, if so revoked, shall cease to have effect and, if so suspended, shall cease to have effect for the period for which it is suspended. ARTICLE 7 APPEAL BY PILOT AGAINST ACTION OF COMMITTEE IN SUSPENDING ETC. PILOT’S LICENCE (1) Any pilot aggrieved by the suspension or revocation of his licence by the Committee, or by the refusal or failure of the Committee to renew his licence, may appeal to the Inferior Number of the Royal Court, either in term or in vacation. (2) The Inferior Number of the Royal Court may confirm or reverse the suspension, revocation or non-renewal of the licence, or make such order in the case as may seem just, and the decision of the Court shall be final and without further appeal, but without prejudice to the right of the Court to refer the matter to the Superior Number of the Royal Court. ARTICLE 8 LIMITATION OF PILOT’S LIABILITY WHERE BOND IS GIVEN (1) A pilot, who has given a bond in conformity with any regulations made for the purpose under this Law, shall not be liable for neglect or want of skill beyond the amount of the bond and the amount payable to him on account of pilotage in respect of the voyage in which he was engaged when he became so liable. (2) Where any proceedings are taken against a pilot for any neglect or want of skill in respect of which his liability is limited as provided by this Article, and other claims are made or apprehended in respect of the same neglect or want of skill, the court in which the proceedings are taken may determine the amount of the pilot’s liability, and, on payment by the pilot of that amount into court, may distribute that amount rateably among the several claimants, and may stay any proceedings pending in any other court in relation to the same matter, and may thereafter proceed in such manner as the court thinks fit. ARTICLE 9 REGULATIONS (1) The States may make regulations generally for the purpose of carrying this Law into effect and in particular for – ( a ) determining the qualifications in respect of age, physical fitness, length of service, local knowledge, skill, character and otherwise to be required from persons applying to be licensed as pilots, providing for the examination of such persons, and the method by which such examination shall be conducted and fixing the term for which a licence is to be in force and the conditions under which a licence may be renewed; ( b ) fixing the limit (if any) on the number of general and special pilots to be licensed; ( c ) providing for the good government of pilots and for ensuring their good conduct and constant attendance to and effectual performance of their duties, whether at sea or on shore; ( d ) fixing the fees to be payable on the examination for a licence and on the grant, renewal or alteration of any licence; ( e ) fixing the rates of payment and allowances to be made in respect of the services of a pilot (in this Law referred to as “pilotage dues”) and defining the circumstances and conditions under which pilotage dues may be payable on different scales and providing for the collection, distribution and recovery of pilotage dues; ( f ) providing for bonds (the amount of which shall not exceed one hundred pounds) to be given by pilots for the purpose of the provisions of this Law limiting pilots’ liability; ( g ) providing for the establishment of a fund for the payment of pensions or other benefits to pilots, their widows or children, the payment of contributions by pilots and ship-owners towards such a fund and generally for the administration of, and participation in, such a fund. (2) Any regulations made under this Article may make provision for the recovery of monetary penalties in respect of a contravention of, or failure to comply with, any of the provisions of the regulations, so, however, that such penalties shall not exceed fifty pounds for each offence, or where the offence consists of continuing any such contravention or failure after conviction thereof, fifty pounds together with a further twenty pounds for each day on which it is so continued. ARTICLE 10 COMPULSORY PILOTAGE (1) Subject to the provisions of paragraph (2) of Article 17 of this Law, every ship (other than an excepted ship) while navigating in any part of the pilotage zone for the purposes of entering, leaving or making use of any port in the Island shall be either – ( a ) under the pilotage of a general pilot or a reserve pilot; or ( b ) under the pilotage of the master of the ship being a special pilot authorized by his licence to have pilotage charge of a ship when navigating in that part of the pilotage zone: Provided that a ship, while being moved within a harbour, shall not, for the purposes of this paragraph, be deemed to be making use of a port. (2) If any ship (other than an excepted ship) in circumstances in which pilotage is compulsory under this Article, is not under pilotage as required by this Article, after a pilot has offered to take charge of the ship, the master of that ship shall be liable to pay to the pilot the pilotage dues that could have been demanded for the conduct of the ship and shall, in addition, be liable to a fine not exceeding double the amount of those dues. (3) For the purposes of this Law, the following are deemed to be excepted ships – ( a ) ships belonging to or employed in the service of Her Majesty or the Armed Forces of Her Majesty; ( b ) ships belonging to or used by the general lighthouse authorities or by any department of Her Majesty’s Government of the United Kingdom; ( c ) ships belonging to the States of Jersey; ( d ) ships of war belonging to any foreign government; ( e ) ships affiliated to a recognized yacht club when not used for commercial purposes; ( f ) ships of less than fifty tons gross tonnage; ( g ) tugs, dredgers, sludge vessels, barges and other similar craft hired by the States of Jersey, or belonging to or hired by any contractor to the States of Jersey, while employed within the territorial waters of the Island. ARTICLE 11 PILOTAGE ZONE For the purposes of this Law, the pilotage zone shall be – ( a ) the waters lying within a radius of one nautical mile of Sorel Point; ( b ) the waters lying within a radius of one and a half nautical miles of Mont Orgueil Castle; ( c ) the waters lying within an area bounded by an imaginary line drawn through Corbière Lighthouse in transit with Pinnacle Rock, L’Etacq bearing 358° (True) and Seymour Tower open to the South of La Froquie (42) and bearing 078° (True). ARTICLE 12 DUTY TO MAINTAIN PILOTAGE SERVICE (1) It shall be the duty of the general pilots to maintain a constant, regular and effective pilotage service for inward bound and outward bound ships. (2) Without prejudice to the generality of the foregoing paragraph, a pilot boat, under the command of a master pilot, with a sufficient crew of general pilots and at least one apprentice pilot, shall at all times be readily available to afford pilotage service for ships destined for a port in the Island. (3) The pilot boat on station shall observe all rules established by the appropriate Minister of the Crown in relation to pilotage signals during the day and during the night. (4) The master pilot in command of the pilot boat – ( a ) shall be responsible for the organisation and discipline of the crew; ( b ) shall not, except with the consent of the Committee or the Harbour Master, permit any person other than a pilot or a member of the crew to be on board the boat; and ( c ) shall keep a log book in a form approved by the Committee and shall produce such log book, at the end of each month, to the Harbour Master for examination by him, and, if the Harbour Master thinks fit, for report thereon to the Committee. (5) Where by reason of absence from the Island, sickness or any other cause, a master pilot is unable to be in command of the pilot boat, his duties shall be performed by the general pilot on board who is senior in the pilotage service. (6) No pilot shall absent himself from duty, except by reason of sickness or other unavoidable cause, without the leave, previously obtained, of the Committee or the Harbour Master. ARTICLE 13 PILOT BOATS (1) It shall be the duty of the general pilots to keep and maintain two seaworthy pilot boats for performing the pilotage service. (2) Both pilot boats shall be painted in the same colour and shall carry such indications of their service as may be determined by the Committee. ARTICLE 14 DUTY OF PILOTS TO PRODUCE LICENCE ETC., AND TO OBTAIN CERTIFICATE OF SERVICE (1) A pilot, on boarding a ship for the purpose of taking pilotage charge shall, if required so to do by the master or other officer in charge of the ship, produce his licence and a copy of this Law and of any regulations made thereunder. (2) Before a pilot leaves a ship piloted by him he shall obtain from the master of the ship, and the master shall give to him a certificate, in a form approved by the Committee containing particulars of the services rendered by the pilot. ARTICLE 15 PILOT SIGNALS (1) The master of a ship (other than an excepted ship) shall, when the services of a pilot are required, display a pilot signal, that is to say a signal prescribed under rules made under section 45 of the Pilotage Act, 1913 (of the United Kingdom) and shall keep such signal displayed until a pilot comes on board. (2) If the master of a ship uses or displays, or causes or permits any person under his authority to use or display, any pilot signal for any purpose than that of summoning a pilot, or uses or causes or permits any person under his authority to use any other signal for a pilot, he shall be liable in respect of each offence to a fine not exceeding twenty pounds. ARTICLE 16 PILOT FLAGS (1) Where a ship is under pilotage, the master of the ship shall cause to be exhibited a pilot flag, that is to say, either a flag of large dimensions, in good condition and of two colours, the upper horizontal half of which shall be white, and the lower horizontal half red, or the Code flag H of the International Code of Signals. (2) A pilot flag, or a flag so nearly resembling a pilot flag as to be likely to deceive, shall not be displayed on any ship which is not under pilotage, and if any such flag is displayed on any such ship, the master of the ship, shall unless in the case of a flag likely to deceive he proves that he had no intention to deceive, be liable to a fine not exceeding fifty pounds. ARTICLE 17 EXTENT OF PILOTAGE (1) The pilotage inwards of a ship shall cease when the ship is moored to the quay or safely anchored in the roads or harbour, as the case may be. (2) The pilotage outwards of a ship shall cease when the ship leaves the pilotage zone or when the master of the ship considers that the ship, being within the territorial waters of the Island, is on a safe course to sea and for this purpose the delivery of the certificate by the master in pursuance of paragraph (2) of Article 14 of this Law shall be evidence that the master considered that the ship was on a safe course. ARTICLE 18 DUTY OF PILOT TO REPORT COLLISIONS, GROUNDINGS AND LOSS OF ANCHOR ETC Every pilot shall report without delay to the Harbour Master – ( a ) any displacement of, or any damage caused to, any buoys, marks or beacons or any damage caused to, or irregular working of, any lights or light houses; ( b ) any damage or injury caused to or by any ship under his pilotage charge ; and ( c ) any occasion when a ship under his pilotage charge touches any fixed or floating object or loses an anchor. ARTICLE 19 LIABILITY OF OWNER OR MASTER IN THE CASE OF A VESSEL UNDER PILOTAGE The owner or master of a vessel navigating under circumstances in which pilotage is compulsory shall be answerable for any loss or damage caused by the vessel or by any fault of the navigation of the vessel in the same manner as he would if pilotage were not compulsory. ARTICLE 20 RECEIVING OR OFFERING IMPROPER RATES OF PILOTAGE (1) A pilot shall not demand or receive, and a master shall not offer or pay to any pilot, dues in respect of pilotage services at any other rates, greater or less, than the rates which may be demanded under regulations made under this Law. (2) If a master or a pilot acts in contravention of the provisions of this Article, he shall be liable, in respect of each offence, to a fine not exceeding twenty-five pounds. ARTICLE 21 BREACH OR NEGLECT OF DUTY ETC If any pilot, when piloting a ship, by wilful breach of duty or by neglect of duty, or by reason of drunkenness – ( a ) does any act tending to the immediate loss, destruction or serious damage of the ship, or tending immediately to endanger the life or limb of any person on board the ship ; or ( b ) refuses or omits to do any lawful act proper and requisite to be done by him for preserving the ship from loss, destruction or serious damage, or for preserving any person belonging to or on board the ship from danger to life or limb ; he shall, in addition to any liability for damages, be liable in respect of each offence to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding two years. ARTICLE 22 FALSE REPRESENTATION AND PERFORMING UNLAWFUL PILOTAGE SERVICES If any person – ( a ) not being a pilot, falsely represents himself to be a pilot or takes pilotage charge of ships in the territorial waters of the Island ; or ( b ) being a pilot, falsely represents himself to hold a licence of a category other than that of the licence actually held by him or takes pilotage charge of ships when not authorized by such licence to do so or acts in contravention of or fails to comply with any conditions of such licence; he shall, in addition to any liability for damages, be liable in respect of each offence to a fine not exceeding five hundred pounds. ARTICLE 23 MISCELLANEOUS OFFENCES (1) If any pilot – ( a ) himself keeps, or is interested in keeping by any agent, servant or other person, any premises licensed for the sale of intoxicating liquors, or sells or is interested in selling any intoxicating liquors, tobacco, or any other goods liable to duty on landing in the Island ; ( b ) is in any way directly or indirectly concerned in any corrupt practices relating to ships, their tackle, furniture, cargoes, crews or passengers, or to persons in distress at sea or by shipwreck, or to their monies, goods or chattels ; ( c ) lends his licence ; ( d ) acts as pilot whilst suspended ; ( e ) acts as pilot when in a state of intoxication ; ( f ) employs or causes to be employed, on board any ship which he is piloting, any boat, anchor, cable or other store, matter or thing beyond what is necessary for the service for that ship, with intent to enhance the expenses of pilotage for his own gain or the gain of any other person ; ( g ) refuses or wilfully delays, when not prevented by illness or other reasonable cause, to pilot any ship in the territorial waters of the Island, on the signal for a pilot being made by that ship, or on being required to do so by the master, owner, agent or consignee thereof, or by the Harbour Master ; ( h ) unnecessarily cuts or slips or causes to be cut or slipped, any cable belonging to any ship ; ( j ) refuses, other than on reasonable grounds of danger to the ship, when requested by the master, to conduct the ship which he is piloting into any port or place within the territorial waters of the Island ; or ( k ) quits the ship which he is piloting, before the service for which he was engaged has been performed and without the consent of the master of the ship ; he shall, in addition to any liability for damages, be liable in respect of each offence to a fine not exceeding one hundred pounds. (2) If any person procures, aids, abets or connives at the commission of any offence under this Article, he shall, in addition to any liability for damages, be liable to a fine not exceeding one hundred pounds. ARTICLE 24 FAILURE TO OBEY ORDERS If any pilot disobeys any lawful orders or directions of the Committee or the Harbour Master, he shall, in addition to any other action which may be taken against him, be liable in respect of each offence to a fine not exceeding fifty pounds. ARTICLE 25 CONSULTATION WITH PILOTS (1) The Committee shall nominate not less than two, and not more than four, pilots with whom the Committee shall consult before any regulations are made under Article 9 of this Law. (2) Any such nomination may be terminated at any time by the Committee should it so think fit. ARTICLE 26 SHORT TITLE AND COMMENCEMENT This Law may be cited as the Pilotage (Jersey) Law, 1965, and shall come into force on the day on which the first regulations made under this Law come into force. A.D. LE BROCQ, Greffier of the States. 1 Tome 1961–1962, page 164.