PILOTAGE ACT

ARRANGEMENT OF SECTIONS

PART I
Preliminary

   1   Short title

   2   Interpretation

 

PART II
The Authority

   3   Functions and powers of Authority

   4   The Register

   5   Certificate of competence and licensing of pilots

   6   Authority to issue exemption certificates to ships' masters

   7   Registration and assignment and allowances of apprentice pilots

   8   The Authority not liable for loss caused by pilot or apprentice

   9   Authority to receive pilotage charges

   10   No clearance if unpaid pilotage charges

   11   Pilotage fund

   12   Pilots' benefit fund

 

PART III
Discipline

   13   Disciplinary powers

   14   Disciplinary Committees

   15   Powers of a Disciplinary Committee

   16   Pilot's right to be represented

   17   Appeals to a Judge in Chambers against certain penalties imposed by the Committee

   18   Appeal to Court of Appeal

   19   Surrender of licence and identification card to Authority

   20   Penalty to be noted in register of pilots

 

PART IV
General Powers and Duties of the Authority

   21   Investigations into accidents

   22   Pilot to report any accident

   23   Formal enquiry

   24   Authority's power to summon and examine witness, etc

   25   Regulations

 

PART V
Compulsory Pilotage

   26   Obligations when pilotage is necessary

   27   Authority may impose fine

   28   Assignment of pilot and master's right to object

   29   Liability of owner or master in the case of a ship in a pilotage area

   30   Display of pilot signal when pilot is on board ship

   31   Display of pilot signal when no pilot is on board

   32   Obligation to display request signal for pilot

 

Bonding of Pilots

   33   Bonds required to be given by pilot and limitation of pilot's liability to extent thereof

   34   Court to determine extent of pilot's liability

 

Offences by Pilots

   35   Demanding or receiving pilotage charges

   36   Penalty on pilot endangering ship, life or limb

   37   Power of master to relieve pilot

   38   Penalty on persons obtaining charge of a ship by misrepresentation

   39   Offences by pilots

 

General

   40   Declaration as to draught of ship, etc

   41   Copies of pilotage provisions to be furnished to pilots

   42   Obligation on pilot to produce his licence or identification card

   43   Penalty for fraudulent use of licence

   44   Convictions of pilots to be noted in register

   45   Protection of members

 

THE PILOTAGE ACT

[Date of Commencement: 2nd June, 1975]

Act 24 of 1975.

PART I
Preliminary

1   Short title

   This Act may be cited as the Pilotage Act.

2   Interpretation

   (1) In this Act, unless the context otherwise requires-

   "apprentice" means an apprentice pilot registered as such under this Act;

   "Authority" means the Port Authority established under section 4 of the Port Authority Act;

   "certificate of competence" means a certificate issued by the Authority under subsection (1) of section 5;

   "chairman" means the chairman of the Authority and includes any person for the time being performing the functions of the chairman;

   "coastal pilotage" means pilotage of a ship bound directly from any port in the Island to any other port in the Island between the limits of the pilotage area of the port of departure and the limits of the pilotage area of the port of destination;

   "consignee" means a person to whom goods of a ship are consigned and who has accepted responsibility for the payment of the pilotage charge due on that ship;

   "Disciplinary Committee" and "Committee" means a Disciplinary Committee appointed pursuant to section 14;

   "excepted ships" means-

   (a)   commissioned ships belonging to the Government of Jamaica or to any other Government;

   (b)   ships of less than fifty tons maximum gross registered tonnage;

   (c)   vessels actually engaged in any pilotage area in-

         (i)   laying or picking up submarine cables or navigation marks;

         (ii)   salvage operations;

         (iii)   surveying;

         (iv)   dredging;

   (d)   a coasting ship as defined in section 172 of the Customs Act engaged solely in the coasting trade as therein defined, except when towing another ship;

   (e)   tugs operating exclusively within the port limits;

   (f)   vessels owned, hired or operated by the Port Authority engaged in the business of the port;

   (g)   ships of a maximum gross registered tonnage of under five hundred tons as respects any pilotage area in relation to which the master has obtained from the Authority an exemption certificate;

   (h)   vessels, operating exclusively within the port limits, which may, subject to such terms and conditions as the Authority may stipulate be approved by the Authority;

   (i)   such other ships as may be prescribed;

   "exemption certificate" means a certificate of exemption from pilotage granted under section 6

   "functions" includes duties and powers;

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