Page images
PDF
EPUB

A

BILL

ΤΟ

Amend the Law relating to Dock Pilotage.

E it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, 5 as follows:

A.D. 1924.

1. (1) Every ship other than an excepted ship Provision desiring to enter, leave, or make use of any river, harbour, as to ships inlet, or dock which is within the jurisdiction of any within a dock or harbour authority, shall, while navigating for 10 any such purpose aforesaid, employ a dock pilot, helmsman, and waterman as hereinafter provided.

(2) If any ship other than an excepted ship, in circumstances in which pilotage is compulsory under this section is not under pilotage as required by this 15 section after a licensed dock pilot, helmsman, or waterman has offered to take charge of the ship, the master of the ship shall be liable in respect of each offence to a fine not exceeding double the amount of the pilotage dues that could be demanded for the conduct of the ship. 20 (3) For the purpose of this Act the following ships are excepted ships :

25

(a) Ships belonging to His Majesty:

(b) All ships deemed to be British ships within the
meaning of section one of the Merchant Shipping
Act, 1894.

harbour

dock, &c.

2. (1) All dock pilots, helmsmen, and watermen Licensing shall be duly licensed (as hereinafter provided) for such of dock work by such dock or harbour authorities.

pilots.

A.D. 1924.

Rates of payment.

Liability of

a master in the case of

a vessel under dock pilotage.

Powers of dock or harbour authority.

Copies of pilotage provisions to be furnished

to pilots.

(2) Not less than two watermen with boat in addition to a helmsman who shall also be a licensed waterman shall be in attendance to undertake and perform any necessary boat work that may be required for the safe manoeuvring of the ship.

3. The rate of payment to be made in respect of the services of a dock pilot, helmsman, or waterman under this Act shall be in accordance with the tariff of the port for the time being in force.

5

4. Notwithstanding anything in any public or local 10 Act the owner or master of a vessel navigating under circumstances in which pilotage is compulsory either under the Pilotage Act, 1913, or under this Act shall be answerable for any loss or damage caused by the vessel or by any fault of the navigation of the vessel in the 15 same manner as he would if pilotage were not compulsory.

5. (1) Subject to the provisions of this Act a dock or harbour authority may license dock pilots, helmsmen, or watermen for the purpose of acting within their 20 jurisdiction, and may do all such things as may be necessary or expedient (including the making of byelaws) for the purpose of carrying into effect their powers and duties.

(2) Arrangements shall be made by all dock or 25 harbour authorities with the pilotage authority in their respective districts established under the Pilotage Act, 1913, in order to prevent any overlapping between the duties of dock pilots under this Act and of licensed pilots under the Pilotage Act, 1913.

30

6. (1) Every dock pilot, helmsman, or waterman licensed by any dock or harbour authority shall be furnished by such authority with a copy of this Act as amended for the time being, and with a copy of any pilotage order for the time being in force in the juris- 35 diction of the dock or harbour authority, and of any byelaws so in force.

(2) A licensed dock pilot, helmsman, or waterman shall produce any copy so furnished to him to the master of any ship, or other person employing him 40 when required to do so, and if he fails without any

reasonable cause to do so, he shall be liable for each A.D. 1924. offence to a fine not exceeding five pounds.

where bond

7. Where any proceedings are taken against a dock Limitation pilot for any neglect or want of skill, and other claims of pilots 5 are made or apprehended in respect of the same neglect liability or want of skill, the court in which the proceedings are is given. taken may determine the amount of the pilot's liability, and, upon payment by the pilot of that amount into court, may distribute that amount rateable among the 10 several claimants, and may stay any proceedings pending in any other court in relation to the same matter and may proceed in such manner and subject to such regulations as to making persons interested parties to the proceedings, and as to the exclusion of any claimants 15 who do not come in within a certain time, and as to requiring security from the pilot, and as to payment of any costs as the court thinks just.

8. (1) Every dock pilot when acting as such shall Obligation be provided with his licence and shall, if requested, on dock 20 produce it to any person by whom he is employed, or to whom he offers his services as pilot.

pilot to produce his licence to

(2) If a dock pilot refuses to produce his licence employer. in accordance with this section, he shall be liable in respect of each offence to a fine not exceeding ten 25 pounds.

licence.

9. If any person not being a dock pilot for a district Penalty on falsely represents himself to be a dock pilot for that fraudulent district, either by means of using a licence which he is use of not entitled to use, or by any other means, he shall be 30 liable in respect of each offence to a fine not exceeding twenty pounds.

is on board.

10. When a ship is navigating in a pilotage district Display of and has on board a dock pilot licensed for that district pilot flag when pilot or a master or a mate holding a dock pilotage certificate 35 for that district, the master of the ship shall cause a pilot flag to be exhibited, and if he fails without reasonable cause to do so, he shall be liable in respect of each offence to a fine not exceeding fifty pounds.

11. A pilot flag or a flag so nearly resembling a Penalty on 40 pilot flag as to deceive, shall not be displayed on any ordinary boat ship or boat not having a licensed dock pilot or a master or a mate holding a dock pilotage certificate on board, pilot flag. displaying

A.D. 1924. and the master of that vessel shall, unless in the case of the display of a flag likely to deceive he proves that he had no intention to deceive, be liable for each offence to a fine not exceeding fifty pounds.

Obligation to display signal for pilot in

certain

circum

stances.

Facilities
to be given
to pilot for
getting on
board.

12. (1) The master of a ship other than an excepted 5 ship shall when navigating in circumstances in which pilotage is compulsory under the Act display a pilot signal, and keep the signal displayed until a dock pilot comes on board.

(2) The master of a ship, whether navigating in 10 circumstances in which pilotage is compulsory or not which is being piloted in a pilotage district by a dock pilot not licensed for the district, shall display a pilot signal and keep the signal displayed until the dock pilot comes on board.

(3) If the master of any ship fails to comply with this section he shall be liable in respect of each offence to a fine not exceeding twenty pounds.

15

13. (1) The master of a ship (other than an excepted ship) which in circumstances in which pilotage 20 is compulsory under this Act is not under pilotage as required in these circumstances shall, if a dock pilot of the district makes a signal for the purpose of offering his services as pilot, by any practicable means consistent with the safety of his ship facilitate the dock pilot getting 25 on board the ship and shall give the charge of piloting the ship to that pilot, or if there are two or more dock pilots offering at the same time to such one of them as may, according to any byelaws for the time being in force in the district, be entitled or required to take charge 30 of the ship.

(2) Where the master of a ship, whether in circumstances in which pilotage is compulsory or not, accepts the services of a dock pilot he shall, by any practicable means consistent with the safety of his ship, facilitate the pilot 35 getting on board the ship.

(3) If the master of any ship fails to comply with the provision of this section, he shall be liable in respect of each offence to a fine not exceeding double the amount of pilotage dues that could be demanded for the conduct 40 of the ship.

14. (1) His Majesty may by Order in Council make rules as to the signals to be used or displayed where the services of a dock pilot are required on any vessel and those signals are in this Act referred to as pilot signals.

5 (2) If a vessel requires the services of a dock pilot the master of the vessel shall use or display the pilot signals.

(3) If a master of a vessel uses or displays or causes or permits any person under his authority to use or 10 display any of the pilot signals for any other purpose than that of summoning a dock pilot, or uses or causes or permits, any person under his authority to use any other signal for a dock pilot he shall be liable in respect of each offence to a fine not exceeding twenty pounds.

[blocks in formation]

A.D. 1924.

Rules as to display of pilot signals.

15. If any dock pilot when piloting a ship by wilful Penalty on breach of duty or by neglect of duty, or by reason of pilot endrunkenness

(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 and
requisite to be done by him for preserving the
ship from loss, destruction, or serious damage,
or for preserving any person to or on board the
ship from danger to life or limb, that dock
pilot shall, in respect of each offence, be guilty
of a misdemeanour.

dangering ship, life or limb.

16. If any person by wilful misrepresentation of Penalty on 30 circumstances upon which the safety of a ship may depend person obtains or endeavours to obtain the charge of that ship, charge of a obtaining that person and every person procuring, abetting, or ship by conniving at the commission of the offence shall, in misrepreaddition to any liability for damages, be liable in respect sentation. 35 of each offence to a fine not exceeding one hundred pounds.

40

17. (1) If a dock pilot either within or without Offences by the district for which he is licensedpilots.

(a) himself keeps or is interested in keeping by an
agent or servant, or any other person, any

« PreviousContinue »