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COMMITTEE REPORT
April 19, 2005
S. 353
S. Printed 4/19/05--S.
Read the first time January 26, 2005.
To whom was referred a Bill (S. 353) to amend Chapter 15, Title 54, Code of Laws of South Carolina, 1976, relating to pilots and pilotage, so as to revise the jurisdiction of the commissioners of, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended,
by striking SECTION 1 and inserting:
/SECTION 1. Chapter 15, Title 54 of the 1976 Code, as last amended by Act 9 of 1995, is amended to read:
Section 54-15-10. The commissioners of pilotage for the ports of Georgetown, Little River in Horry County, and Port Royal must be appointed by the Governor, upon the recommendation of a majority of the legislative delegation of the county in which the port is located, and shall serve for two years and until their successors are appointed and qualify. Vacancies must be filled in the manner of the original appointment for the unexpired term.
Beginning February 1, 1995, at the expiration of the terms of the members of the Georgetown Pilotage Commission, the terms of the commissioners appointed initially thereafter shall be staggered, two shall serve for three years, two shall serve for two years, and two shall serve for one year. Provided, however, that at the expiration of these terms, commissioners shall be appointed to two-year terms.
In Georgetown County, appointments made pursuant to this section are governed by the provisions of Act 515 of 1996.
Subject to Section 8501 of Title 46 of the United States Code, the South Carolina Commissioners of Pilotage for the Upper Coastal Area shall have jurisdiction over and shall regulate pilotage for the bars and harbors of South Carolina beginning at Little River, which is a boundary between South Carolina and North Carolina, to Cape Romain; the South Carolina Commissioners of Pilotage for the Lower Coastal Areas shall have jurisdiction over and shall regulate pilotage from Cape Romain to the South Carolina side of the Savannah River, which is a boundary between South Carolina and Georgia. Any bars, harbors or ports that lie on or within these boundaries shall be subject to the aforementioned regulatory jurisdiction, but in consideration of the physical exigencies of each port, the commissioners having jurisdiction shall promulgate separate regulations for such respective ports.
Section 54-15-20. The commissioners of pilotage of Little River consist of three persons, two of whom are or have been seafaring men and one of whom is a full branch pilot of the port of Little River.
The commissioners of pilotage of Georgetown consist of six persons appointed as provided by Section 54-15-10, two of whom are or have been seafaring men. The director of the port of Georgetown is a member ex officio.
The commissioners of pilotage of Port Royal consist of five persons. They have jurisdiction over St. Helena, Port Royal, Calibogue Sound, and the South Carolina side of the Savannah River.
The South Carolina Commissioners of Pilotage for the Upper Coastal Area must be appointed by the Governor, upon the recommendation of a majority of the legislative delegation of Georgetown County and shall serve for three years and until their successors are appointed and qualify. Vacancies must be filled in the manner of the original appointment for the unexpired term.
The South Carolina Commissioners of Pilot age for Upper Coastal Area shall consist of six persons appointed as provided by this chapter, one of whom is the Chairman of the South Carolina State Ports Authority or a board member designated by the chairman, ex officio, one of whom is the president of the International Longshoremen's Association Local or his designee, ex officio, one of whom is a pilot licensed for the Port of Georgetown under Section 54-15-90, appointed by the Governor upon the recommendation of the licensed pilots, the remaining three members are appointed by the Governor upon the recommendation of the Georgetown County Legislative Delegation from lists of nominations for the offices submitted to the delegation from the Chamber of Commerce and the Propeller Club of the Port of Georgetown. The terms of office of the commissioners are for three years and until their successors are appointed except of the members first appointed, one shall serve for one year, one shall serve for two years, and one shall serve for three years. The member representative of the pilots licensed under Section 54-15-90 shall serve a three-year term. In the event of a vacancy, however caused, a successor must be appointed in the manner of the original appointment to fill the unexpired term. The above appointments must be made as each term of the present commissioners expires.
Section 54-15-30. The board of South Carolina Commissioners of Pilotage for the port of Georgetown Upper Coastal Area shall, from time to time, elect annually from among its body a chairman and a secretary. Such The officers shall serve until their successors have been duly elected by the board of commissioners of pilotage. But no branch or licensed pilot for the port of Georgetown shall be elected or serve as chairman of such board.
Section 54-15-40. There is created the South Carolina Commissioners of Pilotage for the Port of Charleston Lower Coastal Area composed of six eight members one of whom is the chairman of the South Carolina State Ports Authority, ex officio, or a board member designated by the chairman, one of whom is the president of the International Longshoremen's Association Local 1422 or his designee, ex officio, and one of whom is a pilot licensed for the port of Charleston under Sections 54-15-90, 54-15-120, and 54-15-130, and one of whom is recommended by the Beaufort County Legislative Delegation from its maritime community and one by the Jasper County Legislative Delegation from its maritime community to be appointed by the Governor. The remaining members are appointed by the Governor upon the recommendation of the Charleston County Legislative Delegation from lists of nominations for the offices submitted to the delegation by the Greater Charleston Chamber of Commerce, the Maritime Association of the Port of Charleston, and the Propeller Club of the Port of Charleston. The terms of office of the commissioners are for three years and until their successors are appointed and qualified, except that of the members first appointed, one shall serve for one year, one shall serve for two years, and one shall serve for three years. The member representative of the pilots licensed under Sections 54-15-120 and 54-15-130 has a three-year term. In the event of a vacancy, however caused, a successor must be appointed in the manner of the original appointment for the unexpired term. The above appointments must be made as each term of the present commissioners expires.
Section 54-15-50. The South Carolina Commissioners of Pilotage for the ports of Georgetown and Little River Upper Coastal Area and surrounding jurisdiction shall, from time to time, organize a board of examination for the port to which they belong, to consist of three nautical men, at least one of whom shall be a full branch pilot of the port to which they belong. Each such board shall examine all applicants as to their competency to work or manage vessels and, generally, to discharge the duties of a pilot. No license or branch shall be granted to any person unless he receives a certificate of competency signed by a majority of such examining board.
Section 54-15-60. (A) The South Carolina Commissioners of Pilotage for the port of Charleston Lower Coastal Area and surrounding jurisdiction shall organize a board of examiners for the port commission of three nautical men, at least one of whom must be licensed for the port under Sections 54-15-120 and 54-15-130. No one is eligible for examination by the board of examiners until he satisfactorily completes his apprenticeship for the port.
(B) The board of examiners shall examine eligible applicants as to their competency to work or manage vessels and generally to discharge the duties of a pilot. Examinations for license are oral, written, and by demonstration and include the following requisites:
(1) rules of the road;
(2) use of a compass;
(3) set of currents;
(4) boarding of vessels in heavy weather;
(5) bearings of noted objects, numbers, shapes, and colors of buoys;
(6) use of the sextant;
(7) other matters the commissioners of pilotage for the port include in the examination.
(C) No license or branch may be granted to a person unless he has received a certificate of his competency signed by a majority of the board of examiners.
Section 54-15-70. The commissioners of pilotage for the port of Port Royal shall, from time to time, organize a board of examiners for the port of Port Royal, to consist of three nautical men, at least one of whom shall be a full branch pilot of the port. No one shall be eligible for examination by the board of examiners until he has satisfactorily completed his apprenticeship and has been recommended by a majority of the full branch pilots. The board of examiners shall examine all such eligible and recommended applicants as to their competency to work or manage vessels and generally to discharge the duties of a pilot. All examinations for license shall be oral and written and by demonstration and shall include among other things the following requisites: The rules of the road, the use of compass, the set of currents, the boarding of vessels in heavy weather, bearings of noted objects, numbers, shapes and colors of buoys, and such other matters as the commissioners of pilotage for the port of Port Royal shall require to be included in such examination. No license or branch shall be granted to any person unless he has received a certificate of his competency signed by the majority of the board of examiners.
Section 54-15-80. The commissioners of pilotage for each port area shall set by regulation a fee calculated to defray the expenses of examination, licensing, and issuing any certification under Chapter 15 of Title 54.
Section 54-15-90. Apprentices for ports other than Charleston, which are governed by Sections 54-15-100 and 54-15-120, the Upper Coastal Area must be taken by full branch pilots only with the approval of the respective boards of South Carolina Commissioners of Pilotage Upper Coastal Area and shall serve two years in Georgetown and one year in Port Royal before receiving an initial short branch license. An apprentice must be taken on board vessels of every description so that the apprentice may become completely competent to discharge required duties. After holding an initial short branch license for one year, an apprentice shall receive a second branch license, which the apprentice must hold in service for one year, at the end of which the apprentice may receive a full branch or license. The South Carolina Commissioners of Pilotage for the ports of Georgetown and Port Royal jointly Upper Coastal Area shall establish in regulation the tonnage and draft restrictions for each short branch license.
Section 54-15-100. Apprentices for the Port of Charleston Lower Coastal Area are taken only by pilots licensed under Sections 54-15-120 and 54-15-130 for the port and must be approved and certified by the South Carolina Commissioners of Pilotage for the port Lower Coastal Area. They must not be under eighteen years of age, must be a graduate of an accredited four-year college or shall hold an unlimited ocean third mate's license, must have 20-20 visual acuity uncorrected or corrected by contact lens, must have good color vision evidenced by ability to distinguish colors by means of a test accepted by the United States Coast Guard, must have good natural hearing, and must have other physical and mental qualifications required by the South Carolina Commissioners of Pilotage for the port Lower Coastal Area. Satisfactory certificates of the requirements of this section must be filed with the South Carolina Commissioners of Pilotage for the port Lower Coastal Area before the applicant may be accepted as an apprentice.
Section 54-15-110. The respective boards of pilot commissioners shall give to the applicants approved by them either a limited license or branch or a full license or branch, according as to the application and discovered fitness of the applicant shall be, signed by a majority of the commissioners or by its chairman, as the majority of the board may direct, requiring of each applicant, before the delivery to him of such the license or branch, to swear and subscribe the following oath, to be administered by the chairman of the South Carolina Commissioners of Pilotage for the respective area:
'I, A B, do solemnly swear (or affirm) that I will well and faithfully, according to the best of my skill and knowledge, execute and discharge the business and duty of a licensed pilot (or apprentice, as the case may be) for the bar and harbor of Charleston (Port Royal or Georgetown routes within the area as the case may be); that I will, at all times, wind, weather, and health permitting, use my best endeavors to repair on board of all ships and vessels that I shall see and conceive to be bound for, coming into, or going out of the port or harbor of Charleston (Port Royal or Georgetown as the case may be), unless I am well assured that some other licensed pilot is then on board any such ship or vessel; and I do further swear (or affirm) that I will from time to time, and at all times, make the best dispatch in my power to convey safely over the bar of Charleston (Port Royal or Georgetown routes within the area as the case may be), every vessel committed to my care in coming in or going out of the same; that I will, from time to time and at all times, truly observe, follow and fulfill, to the best of my skill, ability and knowledge, all such orders and directions as I shall or may receive from the commissioners of pilotage relative to all matters and things that may appertain to the duty of a pilot. So help me God.'
Any pilot previously licensed by the South Carolina Commissioners of Pilotage at Port Royal shall retain this licensure over the specific routes for which that pilot was licensed, subject to the regulations promulgated by the commissioners for that port.
Section 54-15-120. (A) An apprentice in the port of Charleston Lower Coastal Area shall serve three years before being eligible to take an examination for the initial short branch license. During an apprenticeship licensed pilots shall take an apprentice on board all types of vessels, so that the apprentice may become thoroughly competent for the discharge of piloting duties. An apprentice successively shall hold a:
(1) first branch license with a tonnage restriction in service six months before being eligible to take an examination for the second branch license;
(2) second branch license with no tonnage restriction in service six months before being eligible for the third branch license;
(3) the third branch license in service one year before being eligible to take an examination for the fourth branch license;
(4) fourth branch license in service one year before being eligible to take an examination for a full license or branch.
The South Carolina Commissioners of Pilotage for the port of Charleston Lower Coastal Area shall establish in regulation the tonnages and draft restrictions for each short branch license.
(B) In determining qualifications for apprentices, the South Carolina Commissioners of Pilotage may consider previous maritime experience in the port as defined by regulation. No apprentice, however, may be granted a license until the number of pilots falls below the number set by the South Carolina Commissioners of Pilotage for the port through regulations promulgated in accordance with the Administrative Procedures Act.
(C) If two or more apprentices are eligible to offer for examination at the same time, the seniority of securing a license must be determined by the proficiency of the respective apprentices, established at the examination.
(D) In accordance with regulations promulgated by the South Carolina Commissioners of Pilotage for the port, apprentices for the port may be granted emergency or temporary licenses if necessary.
Section 54-15-130. The number of pilots for the bar and harbor of Charleston may not exceed the number set by the commissioners of pilotage for the port of Charleston shall not be less than the number established by the South Carolina Commissioners of Pilotage for the Upper and Lower Coastal Areas for the specific routes through regulations promulgated in accordance with the Administrative Procedures Act. The number of pilots for the port of Port Royal is limited to twelve and for the bar and harbor of Georgetown to three, with power to the commissioners of pilotage to increase the number for the port of Port Royal to fifteen and for Georgetown to five, if in their judgment the commerce of either port requires the increase. The number of pilots for the other ports must be fixed by the commissioners of pilotage at the ports. However, the limit in number does not exclude a pilot who holds a regularly issued license. The board shall make no distinction in the selection of pilots on account of race, color, or previous condition.
Section 54-15-140. The South Carolina Commissioners of Pilotage for the port to which they belong Upper and Lower Coastal Areas shall promulgate regulations in accordance with the Administrative Procedures Act for the administration of pilotage within that port the ports of their respective areas. The regulations must include, but are not limited to:
(1) the selection, training, and licensure of apprentice pilots;
(2) the licensure and registration of pilots;
(3) license and registration fees;
(4) safe vessel movement;
(5) reports of marine casualties and other dangerous situations;
(6) discipline, including investigations and the suspension and revocation of pilot licenses;
(7) pilotage charges and fees;
(8) geographic areas of commissioners' jurisdiction specific pilotage routes;
(9) other matters affecting the safe and efficient administration of pilotage.
Section 54-15-150. The South Carolina Commissioners of Pilotage for each port shall register all licensed pilots for their respective ports with such the necessary data to be shown on such the register as the commissioners may deem necessary and appropriate and keep such the register up to date, making such those changes or alterations as may take place from time to time.
Section 54-15-160. The pilot ground of the bar of Charleston shall extend from the bar thirty miles eastward, southward and northward. Pilot boats shall normally cruise in an area designated by the South Carolina Commissioners of Pilotage for the Lower Coastal Area.
Section 54-15-170. All boats used in the pilotage for the port and harbor of Charleston shall be entirely and absolutely subject to the inspection, direction and approval of the South Carolina Commissioners of Pilotage for the port of Charleston Lower Coastal Area.
Section 54-15-190. All boats used for pilotage at Charleston, Port Royal, and Georgetown shall be used exclusively for pilotage, except that the South Carolina Commissioners of Pilotage for the port of Charleston may grant temporary permission for such those other uses as they deem appropriate. To establish their identity, all pilot boats shall fly the international code flag P by day and regulation pilot boat lights by night.
Section 54-15-210. Except for reasons of health, satisfactory evidence of which shall be furnished to the South Carolina Commissioners of Pilotage when requested, no licensed pilot or apprentice shall discontinue to act as such nor absent himself at any time from the port and harbor to which he may belong for any period of time whatsoever without first obtaining the permission of the group of pilots with whom he is associated or some duly authorized official of that group, and no such permitted discontinuance or absence for a period of more than one month shall be valid without additionally obtaining in advance the written authorization of the South Carolina Commissioners of Pilotage. Any pilot or apprentice neglecting or refusing to comply with such this requirement as to his presence and performance of duties in the port to which he belongs, may have, respectively, his license or his apprenticeship, as the case may be, either suspended or revoked by the South Carolina Commissioners of Pilotage, depending on their judgment of the circumstances.
Section 54-15-220. Every pilot cruising or standing out to sea shall offer his services first to the vessel nearest the bar unless specifically ordered to the contrary by the duly authorized official of the group of licensed pilots on duty at the time and except when he sees a more distant vessel in distress, in which event he shall aid such the vessel in distress, if practicable. Any pilot neglecting or refusing to comply with such this requirement as to his services may have his license suspended or revoked by the South Carolina Commissioners of Pilotage, depending on their judgment of the circumstances. But However, nothing herein contained shall extend, or be construed to extend, to vessels of the description mentioned in Section 54-15-260, all of which vessels it shall be the duty of every such pilot to avoid as much as possible, whenever they are known to or justly suspected by him as such.
Section 54-15-230. A licensed pilot, if required by the master or commander of a vessel, shall remain on board while such the vessel is at anchor. Any pilot neglecting or refusing to comply with such a request to remain on board may have his license suspended or revoked by the South Carolina Commissioners of Pilotage, depending on their judgment of the circumstances.
Section 54-15-240. Every master of an outward bound vessel who shall engage a pilot for an appointed time of departure shall have his vessel in readiness for sailing at such this time and every master of a vessel who shall detain a pilot beyond the time appointed so that he cannot proceed to sea although wind and weather should permit, shall pay for such this detention in accordance with the published schedule of rates and fees provided for under the provisions of Section 54-15-290.
Section 54-15-250. If any master or commander of a vessel shall carry off any of the pilots he shall allow every such that pilot the daily rate specified under the provisions of Section 54-15-290 for each and every day during his absence and supply him with provisions and other necessaries necessities in the same manner as is usual for the maintenance and accommodation of masters of vessels. The master, as well as the owner, consignee, and security of such the vessel, shall be liable for such this sum. But However, no pilot who is carried off as aforesaid shall be entitled to any of the sums aforesaid if such the vessel shall have laid to for the space of sixteen hours after having crossed the bar and no pilot boat shall have appeared at the time to receive such the pilot on board. The master, owner or consignee shall defray the expenses of such the pilot back to the port to which he may belong.
Section 54-15-260. In case of war no pilot shall bring in or furnish supplies to any armed vessel belonging to an enemy at war with the United States or carry out any armed vessel to such that enemy, without being ordered to do so by the constituted authorities of the United States. And every Every pilot herein in any wise offending violating this section shall forfeit his license and be disqualified forever from acting as a pilot. And if If at any time the President of the United States or the Governor of the State shall prohibit the furnishing with supplies, or the bringing in or the carrying out of any vessel belonging to any nation or state or to a subject of any nation or state, every pilot shall comply with every such prohibition, on pain of incurring the same penalty and punishment as for like offenses in time of war.
Section 54-15-270. All vessels entering into the pilotage area of a port for the purpose of entering such the port, except United States vessels engaged in coastwise trade having on board a pilot licensed by the United States Coast Guard for that area and United States vessels under one hundred net registered tons, are required to receive on board for entering into, departing from, or shifting within the port, an amply licensed pilot offering to board.
Section 54-15-280. No person shall be authorized or permitted to conduct and pilot any vessel, except those excepted in Section 54-15-270, over the bar, into, out of or within the harbor of any port, unless such the person shall be a then currently licensed pilot and no branch pilot shall be authorized to so pilot any vessel with a deeper draft of water than his branch. Any person so prohibited from pilotage who shall presume to pilot vessels in violation of such this prohibition, shall be entitled to no fee, gratuity or reward for so doing, shall pay the regular pilotage to the group of associated licensed pilots in the port and shall be subject to a fine of five hundred dollars or imprisonment for not more than thirty days. The foregoing This prohibition shall not prevent any person from assisting any vessel in distress provided such the person shall deliver up the vessel to the first licensed pilot who shall offer to board.
Section 54-15-290. All rates and fees for all pilotage services for each port shall be fixed by the commissioners of pilotage for such the port and the South Carolina Commissioners of Pilotage shall require the pilots to have printed and made available to all interested parties a published schedule of rates and fees.
Section 54-15-300. The board of pilotage commissioners on the occasion of any marine disaster to any vessel in charge of a licensed pilot shall make a careful examination of the cause of such disaster, by immediately summoning before it the pilot in charge of the vessel and obtaining such testimony as may be in its power. The result of such investigation shall be placed upon record, copies of which shall be furnished, when desired, at the expense of the applicant. The marine reports of the daily papers, or private information, shall be deemed sufficient cause for such investigation by the board of commissioners.
(A) On the occasion of any marine disaster or if the South Carolina Commissioners of Pilotage having jurisdiction has reason to believe that a pilot has violated a provision of this chapter or a regulation promulgated under this chapter or if a person files a written complaint with the commissioners having jurisdiction alleging that a pilot has become unfit to practice, the commissioners of pilotage may initiate an investigation.
(B) In conducting the investigation, the Commissioners of Pilotage having jurisdiction may subpoena witnesses, compel their attendance, take evidence, and require the production of any matter which is relevant to the investigation including, but not limited to, the existence, description, nature, custody, condition, and location of books, documents, or other tangible items and the identity and location of persons having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of material evidence. Upon failure to obey a subpoena or to answer questions propounded by the South Carolina Commissioners of Pilotage having jurisdiction, the Department on behalf of the Commissioners may apply to the Administrative Law Court for an order requiring the person to comply.
Section 54-15-310. The boards of commissioners of pilotage may, for any cause or charge to them satisfactorily proven, order and direct any pilot for the port to which they belong to deliver up his license or licenses and to take out a new license or licenses. But no pilot who shall satisfy them of the groundlessness of such cause or the falsity of such charge brought against him shall be required to pay an additional fee for his new license.
(A) The results of an investigation must be presented to the South Carolina Commissioners of Pilotage having jurisdiction. The commissioners, in accordance with the Administrative Procedures Act, may take disciplinary action authorized by Section 40-1-120. The commissioners may designate a hearing officer or hearing panel to conduct hearings or take other action as may be necessary under this section.
(B) For the purpose of a disciplinary proceeding in accordance with the Administrative Procedures Act, the South Carolina Commissioners of Pilotage for the respective area may administer oaths and issue subpoenas for the attendance and testimony of witnesses and the production and examination of books, papers, and records on behalf of the commissioners, upon request, on behalf of a party to the case. Upon failure to obey a subpoena or to answer questions propounded by the commissioners its hearing officer or panel, the South Carolina Commissioners of Pilotage having jurisdiction may apply to the Administrative Law Court for an order requiring the person to comply with the subpoena.
Section 54-15-320. A majority of each of the boards of commissioners of pilotage may take away the license of a pilot for a given time or declare his license null and void, as the nature of the case may demand (a) upon charge of any dereliction of duty made and proven against him, (b) if he be found guilty of using abusive or insulting language or of threatening conduct, while on his business as a pilot or (c) if charges of intoxication or conduct unbecoming a pilot, either when on or off duty, be proved against him to the satisfaction of a majority of the commissioners. But any pilot against whom any charge shall be made shall be entitled to a hearing before the board of commissioners and to make any proper defense to such charge. Any decision by the board to suspend, revoke, or otherwise restrict the license of a pilot shall be subject to review by an Administrative Law Judge as provided under Article 5 of Chapter 23 of Title 1.
(A) Upon a determination by the South Carolina Commissioners of Pilotage for the respective area that one or more of the grounds for discipline exists, the Commissioners of Pilotage having jurisdiction may:
(1) issue a public reprimand;
(2) impose a fine not to exceed five hundred dollars;
(3) place a licensee on probation or restrict or suspend the individual's license for a definite or indefinite time and prescribe conditions to be met during probation, restriction, or suspension including, but not limited to, satisfactory completion of additional education or of a supervisory period;
(4) revoke the license permanently or for a period specified by the South Carolina Commissioners of Pilotage for the respective area before the pilot shall be eligible to re-apply.
(B) A decision by the commissioners of pilotage having jurisdiction to discipline a licensee as authorized under this section must be by a majority vote of the total membership of the Commissioners of Pilotage serving at the time the vote is taken.
(C) A final order of the South Carolina Commissioners of Pilotage having jurisdiction disciplining a licensee under this section is public information.
(D) Upon a determination by the commissioners of pilotage having jurisdiction that discipline is not appropriate, the commissioners of pilotage may issue a nondisciplinary letter of caution.
Section 54-15-330. If any pilot has forfeited or been deprived of his license or is no longer entitled to the use thereof by virtue of any provision of this chapter, the commissioners of pilotage of the port to which he may belong may call on him for the surrender of his license. And if he shall refuse to give up such license to the commissioners of pilotage on demand, they shall give notice for one week in the public daily papers that such person has no longer a right to act as a pilot until he be reinstated by the commissioners of pilotage.
A person aggrieved by a final action of the South Carolina Commissioners of Pilotage for the respective area may appeal the decision to the Administrative Law Court in accordance with the Administrative Procedures Act and the rules of the Administrative Law Court. Service of a petition requesting a review does not stay the South Carolina Commissioners of Pilotage having jurisdiction decision pending completion of the appellate process.
Section 54-15-340. Each and every fine, forfeiture and penalty, for each and every offense under this chapter, shall be prosecuted, sued for and recovered in any court of competent jurisdiction for the use of the State. The penalties imposed in such provisions may in every case be recovered, although the board of pilotage commissioners may not think proper to deprive any licensed pilot liable thereto or in default of his license in any instance herein authorized.
(A) In an order issued in resolution of a disciplinary proceeding before the South Carolina Commissioners of Pilotage having jurisdiction, a pilot found in violation of this chapter may be directed to pay a sum not to exceed the reasonable costs of investigation, inspection and prosecution of the case in addition to other sanctions.
(B) A certified copy of the actual costs, or a good faith estimate of costs where actual costs are not available is prima facie evidence of reasonable costs.
(C) Failure to make timely payment in accordance with the order results in the collection of costs in accordance with Title 40, Chapter 1.
(D) The South Carolina Commissioners of Pilotage having jurisdiction may conditionally renew or reinstate for a maximum of one year the license of an individual who demonstrates financial hardship and who enters into a formal agreement to reimburse the commissioners of pilotage within that one year period for the unpaid costs.
(E) All costs and fines imposed pursuant to this chapter are due and payable immediately upon imposition or at the time indicated by final order of the commissioners of pilotage. Unless the costs and fines are paid within sixty days after the order becomes final, the order becomes a judgment and may be collected in any manner provided in Title 40, Chapter 1. The South Carolina Commissioners of Pilotage may collect costs and attorneys' fees incurred in executing the judgment. Interest at the legal rate accrues on the amount due from the date imposed until the date paid.
Section 54-15-350. A licensed ship's pilot is not liable for damages in excess of five thousand dollars for damages or loss occasioned by the pilot's errors, omissions, fault, or neglect in the performance of pilotage services, except for wilful misconduct or reckless disregard for safety by the pilot.
Section 54-15-360. When a pilot boards a vessel he becomes a servant of the vessel and its owner and operator. Nothing in this chapter exempts the vessel, its owner, or operator from liability for damage or loss occasioned by the ship to a person or property on the ground that (1) the ship was piloted by a pilot licensed by the State, or (2) the damage or loss was occasioned by the error, omission, fault, or neglect of a pilot licensed by the State." /
Renumber sections to conform.
Amend title to conform.
W. GREG RYBERG for Committee.
TO AMEND CHAPTER 15, TITLE 54, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PILOTS AND PILOTAGE, SO AS TO REVISE THE JURISDICTION OF THE COMMISSIONERS OF PILOTAGE FOR CHARLESTON AND GEORGETOWN AND PROVIDE THAT THESE ARE THE ONLY COMMISSIONERS OF PILOTAGE IN THIS STATE, AND TO FURTHER PROVIDE FOR THE MANNER IN WHICH COMMISSIONERS ARE SELECTED AND OPERATE AND PILOTS ARE LICENSED, TRAINED, AND REGULATED.
SECTION 1. Chapter 15, Title 54 of the 1976 Code, as last amended by Act 9 of 1995, is amended to read:
Section 54-15-10. The commissioners of pilotage for the ports of Georgetown, Little River in Horry County, and Port Royal must be appointed by the Governor, upon the recommendation of a majority of the legislative delegation of the county in which the port is located, and shall serve for two years and until their successors are appointed and qualify. Vacancies must be filled in the manner of the original appointment for the unexpired term.
Beginning February 1, 1995, at the expiration of the terms of the members of the Georgetown Pilotage Commission, the terms of the commissioners appointed initially thereafter shall be staggered, two shall serve for three years, two shall serve for two years, and two shall serve for one year. Provided, however, that at the expiration of these terms, commissioners shall be appointed to two-year terms.
In Georgetown County, appointments made pursuant to this section are governed by the provisions of Act 515 of 1996.
Subject to Section 8501 of Title 46 of the United States Code, the commissioners of pilotage for the port of Georgetown shall have jurisdiction over and shall regulate pilotage for the bars and harbors of South Carolina beginning at Little River, which divides South Carolina from North Carolina, to Cape Romain. The commissioners of pilotage for the port of Charleston shall have jurisdiction over and shall regulate pilotage from Cape Romain to the Savannah River, which divides South Carolina and Georgia. Any bars, harbors, or ports that lie on or within these boundaries, other than the ports of Charleston or Georgetown, shall be subject to this regulatory jurisdiction, but in consideration of the physical exigencies of each port, the commissioners having jurisdiction shall promulgate separate regulations for these respective ports.
Section 54-15-20. The commissioners of pilotage of Little River consist of three persons, two of whom are or have been seafaring men and one of whom is a full branch pilot of the port of Little River .
The commissioners of pilotage of for Georgetown consist of six persons appointed as provided by Section 54-15-10, two of whom are or have been seafaring men. ,one of whom is the chairman of the South Carolina State Ports Authority or a board member designated by the chairman, to serve ex-officio; one of whom is the president of the International Longshoremen's Association Local or his designee, to serve ex-officio; one of whom is a pilot licensed for the Port of Georgetown under Section 54-15-90, appointed by the Governor upon the recommendation of the licensed pilots. The remaining three members must be appointed by the Governor upon the recommendation of the Georgetown legislative delegation from lists of nominations for the offices submitted to the delegation from the Chamber of Commerce and the Propeller Club of the Port of Georgetown. The terms of office of the commissioners who do not serve ex-officio are for three years and until their successors are appointed and qualify, except of the members first appointed, one shall serve for one year, one shall serve for two years, and one shall serve for three years. The member representative of the pilots licensed under Section 54-14-90 shall serve a three-year term. In the event of a vacancy, however caused, a successor must be appointed in the manner of the original appointment to fill the unexpired term. The above appointments must be made as each term of the present commissioners expires. The director of the port of Georgetown is a member ex officio.
The commissioners of pilotage of Port Royal consist of five persons. They have jurisdiction over St. Helena, Port Royal, Calibogue Sound, and the South Carolina side of the Savannah River.
Section 54-15-30. The board of commissioners of pilotage for the port of Georgetown shall, from time to time, elect annually from among its body a chairman and a secretary. Such The officers shall serve until their successors have been duly elected and qualify by the board of commissioners of pilotage. But However, no branch or licensed pilot for the port of Georgetown shall be elected or serve as chairman of such board.
Section 54-15-40. There is created the Commissioners of Pilotage for the Port of Charleston composed of six members one of whom is the chairman of the South Carolina State Ports Authority, or a board member designated by the chairman, to serve ex officio, one of whom is the president of the International Longshoremen's Association Local 1422 or his designee, to serve ex officio, and one of whom is a pilot licensed for the port of Charleston under Sections 54-15-120 and 54-15-130, and for the Port of Georgetown under Section 54-15-90, appointed by the Governor. The remaining members are appointed by the Governor upon the recommendation of the Charleston County Legislative Delegation from lists of nominations for the offices submitted to the delegation by the Greater Charleston Chamber of Commerce, the Maritime Association of the port of Charleston, and the Propeller Club of the port of Charleston. The terms of office of the commissioners who do not serve ex officio are for three years and until their successors are appointed and qualified qualify, except that of the members first appointed, one shall serve for one year, one shall serve for two years, and one shall serve for three years. The member representative of the pilots licensed under Sections 54-15-90, 54-15-120, and 54-15-130 has a three-year term. In the event of a vacancy, however caused, a successor must be appointed in the manner of the original appointment for the unexpired term. The above appointments must be made as each term of the present commissioners expires.
Section 54-15-50. The commissioners of pilotage for the ports of Georgetown and Little River its surrounding jurisdiction shall, from time to time, organize a board of examination for the port to which they belong, to consist of three nautical men, at least one of whom shall be a full branch pilot of the port to which they belong. Each such board shall examine all applicants as to their competency to work or manage vessels and, generally, to discharge the duties of a pilot. No license or branch shall be granted to any person unless he receives a certificate of competency signed by a majority of such the examining board.
Section 54-15-60. (A) The commissioners of pilotage for the port of Charleston and its surrounding jurisdiction shall organize a board of examiners for the port of three nautical men, at least one of whom must be licensed for the port under Sections 54-15-120 and 54-15-130. No one is eligible for examination by the board of examiners until he satisfactorily completes his apprenticeship for the port.
(B) The board of examiners shall examine eligible applicants as to their competency to work or manage vessels and generally to discharge the duties of a pilot. Examinations for license are oral, written, and by demonstration and include the following requisites:
(1) rules of the road;
(2) use of a compass;
(3) set of currents;
(4) boarding of vessels in heavy weather;
(5) bearings of noted objects, numbers, shapes, and colors of buoys;
(6) use of the sextant;
(7) other matters the commissioners of pilotage for the port include in the examination.
(C) No license or branch may be granted to a person unless he has received a certificate of his competency signed by a majority of the board of examiners.
Section 54-15-70. The commissioners of pilotage for the port of Port Royal shall, from time to time, organize a board of examiners for the port of Port Royal, to consist of three nautical men, at least one of whom shall be a full branch pilot of the port. No one shall be eligible for examination by the board of examiners until he has satisfactorily completed his apprenticeship and has been recommended by a majority of the full branch pilots. The board of examiners shall examine all such eligible and recommended applicants as to their competency to work or manage vessels and generally to discharge the duties of a pilot. All examinations for license shall be oral and written and by demonstration and shall include among other things the following requisites: The rules of the road, the use of compass, the set of currents, the boarding of vessels in heavy weather, bearings of noted objects, numbers, shapes and colors of buoys, and such other matters as the commissioners of pilotage for the port of Port Royal shall require to be included in such examination. No license or branch shall be granted to any person unless he has received a certificate of his competency signed by the majority of the board of examiners.
Section 54-15-80. The commissioners of pilotage for each port jurisdiction shall set by regulation a fee calculated to defray the expenses of examination, licensing, and issuing any certification under Chapter 15 of Title 54.
Section 54-15-90. Apprentices for ports other than Charleston, which are governed by Sections 54-15-100 and 54-15-120, Georgetown must be taken by full branch pilots only with the approval of the respective boards of commissioners of pilotage and shall serve two years in Georgetown and one year in Port Royal before receiving an initial short branch license. An apprentice must be taken on board vessels of every description so that the apprentice may become completely competent to discharge required duties. After holding an initial short branch license for one year, an apprentice shall receive a second branch license, which the apprentice must hold in service for one year, at the end of which the apprentice may receive a full branch or license. The commissioners of pilotage for the ports of Georgetown and Port Royal jointly shall establish in regulation the tonnage and draft restrictions for each short branch license."
Section 54-15-100. Apprentices for the Port of Charleston are taken only by pilots licensed under Sections 54-15-120 and 54-15-130 for the port and must be approved and certified by the commissioners of pilotage for the port. They must not be under eighteen years of age, must be a graduate of an accredited four-year college or shall hold an unlimited ocean third mate's license, must have 20-20 visual acuity uncorrected or corrected by contact lens, must have good color vision evidenced by ability to distinguish colors by means of a test accepted by the United States Coast Guard, must have good natural hearing, and must have other physical and mental qualifications required by the commissioners of pilotage for the port. Satisfactory certificates of the requirements of this section must be filed with the commissioners of pilotage for the port before the applicant may be accepted as an apprentice.
Section 54-15-110. The respective boards of pilot commissioners shall give to the applicants approved by them either a limited license or branch or a full license or branch, according as to the application and discovered fitness of the applicant shall be, signed by a majority of the commissioners or by its chairman, as the majority of the board may direct, requiring of each applicant, before the delivery to him of such the license or branch, to swear and subscribe the following oath, to be administered by the chairman of the commissioners of pilotage:
'I, A B, do solemnly swear (or affirm) that I will well and faithfully, according to the best of my skill and knowledge, execute and discharge the business and duty of a licensed pilot (or apprentice, as the case may be) for the bar and harbor of Charleston (Port Royal or Georgetown as the case may be); that I will, at all times, wind, weather and health permitting, use my best endeavors to repair on board of all ships and vessels that I shall see and conceive to be bound for, coming into or going out of the port or harbor of Charleston (Port Royal or Georgetown as the case may be), unless I am well assured that some other licensed pilot is then on board any such ship or vessel; and I do further swear (or affirm) that I will from time to time, and at all times, make the best dispatch in my power to convey safely over the bar of Charleston (Port Royal or Georgetown as the case may be) every vessel committed to my care in coming in or going out of the same; that I will, from time to time and at all times, truly observe, follow and fulfill, to the best of my skill, ability and knowledge, all such orders and directions as I shall or may receive from the commissioners of pilotage relative to all matters and things that may appertain to the duty of a pilot. So help me God.'
Any pilot previously licensed by the commissioners of pilotage at Port Royal shall retain this licensure over the specific routes for which that pilot was licensed, subject to the regulations promulgated by the commissioners for that port.
Section 54-15-120. (A) An apprentice in the port of at Charleston shall serve three years before being eligible to take an examination for the initial short branch license. During an apprenticeship licensed pilots shall take an apprentice on board all types of vessels, so that the apprentice may become thoroughly competent for the discharge of piloting duties. An apprentice successively shall hold a:
(1) first branch license with a tonnage restriction in service six months before being eligible to take an examination for the second branch license;
(2) second branch license with no tonnage restriction in service six months before being eligible for the third branch license;
(3) the third branch license in service one year before being eligible to take an examination for the fourth branch license;
(4) fourth branch license in service one year before being eligible to take an examination for a full license or branch.
The commissioners of pilotage for the port of Charleston shall establish in regulation the tonnages and draft restrictions for each short branch license.
(B) In determining qualifications for apprentices the commissioners of pilotage may consider previous maritime experience in the port as defined by regulation. No apprentice, however, may be granted a license until the number of pilots falls below the number set by the commissioners of pilotage for the port through regulations promulgated in accordance with the Administrative Procedures Act.
(C) If two or more apprentices are eligible to offer for examination at the same time, the seniority of securing a license must be determined by the proficiency of the respective apprentices, established at the examination.
(D) In accordance with regulations promulgated by the commissioners of pilotage for the port, apprentices for the port may be granted emergency or temporary licenses if necessary.
Section 54-15-130. The number of pilots for the bar and harbor of Charleston and Georgetown may not exceed the number set by the commissioners of pilotage for the port of Charleston and Georgetown through regulations promulgated in accordance with the Administrative Procedures Act. The number of pilots for the port of Port Royal is limited to twelve and for the bar and harbor of Georgetown to three, with power to the commissioners of pilotage to increase the number for the port of Port Royal to fifteen and for Georgetown to five, if in their judgment the commerce of either port requires the increase. The number of pilots for the other ports must be fixed by the commissioners of pilotage at the ports. However, the limit in number does not exclude a pilot who holds a regularly issued license. The board shall make no distinction in the selection of pilots on account of race, color, or previous condition.
Section 54-15-140. The commissioners of pilotage for the port to which they belong Charleston and Georgetown shall promulgate regulations in accordance with the Administrative Procedures Act for the administration of pilotage within that port the ports of their respective jurisdictions. The regulations must include, but are not limited to:
(1) the selection, training, and licensure of apprentice pilots;
(2) the licensure and registration of pilots;
(3) license and registration fees;
(4) safe vessel movement;
(5) reports of marine casualties and other dangerous situations;
(6) discipline, including investigations and the suspension and revocation of pilot licenses;
(7) pilotage charges and fees;
(8) geographic areas of commissioners' jurisdiction;
(9) other matters affecting the safe and efficient administration of pilotage.
Section 54-15-150. The commissioners of pilotage for each port shall register all licensed pilots for their respective ports with such the necessary data to be shown on such the register as the commissioners may deem necessary and appropriate and keep such the register up to date, making such those changes or alterations as may take place from time to time.
Section 54-15-160. The pilot ground of the bar of Charleston shall extend from the bar thirty miles eastward, southward and northward. Pilot boats shall normally cruise in an area designated by the commissioners of pilotage.
Section 54-15-170. All boats used in the pilotage for the port and harbor of Charleston shall be entirely and absolutely subject to the inspection, direction and approval of the commissioners of pilotage for the port of Charleston.
Section 54-15-190. All boats used for pilotage at Charleston and Georgetown shall be used exclusively for pilotage, except that the commissioners of pilotage for the port of Charleston may grant temporary permission for such those other uses as they deem appropriate. To establish their identity, all pilot boats shall fly the international code flag P by day and regulation pilot boat lights by night.
Section 54-15-210. Except for reasons of health, satisfactory evidence of which shall be furnished to the commissioners of pilotage when requested, no licensed pilot or apprentice shall discontinue to act as such nor absent himself at any time from the port and harbor to which he may belong for any period of time whatsoever without first obtaining the permission of the group of pilots with whom he is associated or some duly authorized official of that group, and no such permitted discontinuance or absence for a period of more than one month shall be valid without additionally obtaining in advance the written authorization of the commissioners of pilotage. Any pilot or apprentice neglecting or refusing to comply with such this requirement as to his presence and performance of duties in the port to which he belongs, may have, respectively, his license or his apprenticeship, as the case may be, either suspended or revoked by the commissioners of pilotage, depending on their judgment of the circumstances.
Section 54-15-220. Every pilot cruising or standing out to sea shall offer his services first to the vessel nearest the bar unless specifically ordered to the contrary by the duly authorized official of the group of licensed pilots on duty at the time and except when he sees a more distant vessel in distress, in which event he shall aid such the vessel in distress, if practicable. Any pilot neglecting or refusing to comply with such this requirement as to his services may have his license suspended or revoked by the commissioners of pilotage, depending on their judgment of the circumstances. But However, nothing herein contained shall extend, or be construed to extend, to vessels of the description mentioned in Section 54-15-260, all of which vessels it shall be the duty of every such pilot to avoid as much as possible, whenever they are known to or justly suspected by him as such.
Section 54-15-230. A licensed pilot, if required by the master or commander of a vessel, shall remain on board while such the vessel is at anchor. Any pilot neglecting or refusing to comply with such a request to remain on board may have his license suspended or revoked by the commissioners of pilotage, depending on their judgment of the circumstances.
Section 54-15-240. Every master of an outward bound vessel who shall engage a pilot for an appointed time of departure shall have his vessel in readiness for sailing at such this time and every master of a vessel who shall detain a pilot beyond the time appointed so that he cannot proceed to sea although wind and weather should permit, shall pay for such this detention in accordance with the published schedule of rates and fees provided for under the provisions of Section 54-15-290.
Section 54-15-250. If any master or commander of a vessel shall carry off any of the pilots he shall allow every such that pilot the daily rate specified under the provisions of Section 54-15-290 for each and every day during his absence and supply him with provisions and other necessaries necessities in the same manner as is usual for the maintenance and accommodation of masters of vessels. The master, as well as the owner, consignee and security of such the vessel, shall be liable for such this sum. But However, no pilot who is carried off as aforesaid shall be entitled to any of the sums aforesaid if such the vessel shall have laid to for the space of sixteen hours after having crossed the bar and no pilot boat shall have appeared at the time to receive such the pilot on board. The master, owner or consignee shall defray the expenses of such the pilot back to the port to which he may belong.
Section 54-15-260. In case of war no pilot shall bring in or furnish supplies to any armed vessel belonging to an enemy at war with the United States or carry out any armed vessel to such that enemy, without being ordered to do so by the constituted authorities of the United States. And every Every pilot herein in any wise offending violating this section shall forfeit his license and be disqualified forever from acting as a pilot. And if If at any time the President of the United States or the Governor of the State shall prohibit the furnishing with supplies, or the bringing in or the carrying out of any vessel belonging to any nation or state or to a subject of any nation or state, every pilot shall comply with every such prohibition, on pain of incurring the same penalty and punishment as for like offenses in time of war.
Section 54-15-270. All vessels entering into the pilotage area of a port for the purpose of entering such the port, except United States vessels engaged in coastwise trade having on board a pilot licensed by the United States Coast Guard for that area and United States vessels under one hundred net registered tons, are required to receive on board for entering into, departing from, or shifting within the port, an amply licensed pilot offering to board.
Section 54-15-280. No person shall be authorized or permitted to conduct and pilot any vessel, except those excepted in Section 54-15-270, over the bar, into, out of or within the harbor of any port, unless such the person shall be a then currently licensed pilot and no branch pilot shall be authorized to so pilot any vessel with a deeper draft of water than his branch. Any person so prohibited from pilotage who shall presume to pilot vessels in violation of such this prohibition, shall be entitled to no fee, gratuity or reward for so doing, shall pay the regular pilotage to the group of associated licensed pilots in the port and shall be subject to a fine of five hundred dollars or imprisonment for not more than thirty days. The foregoing This prohibition shall not prevent any person from assisting any vessel in distress provided such the person shall deliver up the vessel to the first licensed pilot who shall offer to board.
Section 54-15-290. All rates and fees for all pilotage services for each port shall be fixed by the commissioners of pilotage for such the port and the commissioners shall require the pilots to have printed and made available to all interested parties a published schedule of rates and fees.
Section 54-15-300. The board of pilotage commissioners on the occasion of any marine disaster to any vessel in charge of a licensed pilot shall make a careful examination of the cause of such the disaster, by immediately summoning before it the pilot in charge of the vessel and obtaining such that testimony as may be in its power. The result of such the investigation shall be placed upon record, copies of which shall be furnished, when desired, at the expense of the applicant. The marine reports of the daily papers, or private information, shall be deemed are sufficient cause for such the investigation by the board of commissioners.
Section 54-15-310. The boards of commissioners of pilotage may, for any cause or charge to them satisfactorily proven, order and direct any pilot for the port to which they belong to deliver up his license or licenses and to take out a new license or licenses. But However, no pilot who shall satisfy them of the groundlessness of such the cause or the falsity of such the charge brought against him shall be required to pay an additional fee for his new license.
Section 54-15-320. A majority of each of the boards of commissioners of pilotage may take away the license of a pilot for a given time or declare his license null and void, as the nature of the case may demand (a) upon charge of any dereliction of duty made and proven against him, (b) if he be is found guilty of using abusive or insulting language or of threatening conduct, while on his business as a pilot or (c) if charges of intoxication or conduct unbecoming a pilot, either when on or off duty, be are proved against him to the satisfaction of a majority of the commissioners. But However, any pilot against whom any charge shall be made shall be is entitled to a hearing before the board of commissioners and to make any proper defense to such the charge. Any decision by the board to suspend, revoke, or otherwise restrict the license of a pilot shall be subject to review by an Administrative Law Judge as provided under Article 5 of Chapter 23 of Title 1.
Section 54-15-330. If any pilot has forfeited or been deprived of his license or is no longer entitled to the use thereof of by virtue of any provision of this chapter, the commissioners of pilotage of the port to which he may belong may call on him for the surrender of his license. And if If he shall refuse to give up such the license to the commissioners of pilotage on demand, they shall give notice for one week in the public daily papers that such this person has no longer a right to act as a pilot until he be is reinstated by the commissioners of pilotage.
Section 54-15-340. Each and every fine, forfeiture and penalty, for each and every offense under this chapter, shall be prosecuted, sued for and recovered in any court of competent jurisdiction for the use of the State. The penalties imposed in such these provisions may in every case be recovered, although the board of pilotage commissioners may not think proper to deprive any licensed pilot liable thereto or in default of his license in any instance herein authorized waive any of these civil fines or penalties at its discretion.
Section 54-15-350. A licensed ship's pilot is not liable for damages in excess of five thousand dollars for damages or loss occasioned by the pilot's errors, omissions, fault, or neglect in the performance of pilotage services, except for wilful misconduct or reckless disregard for safety by the pilot.
Section 54-15-360. When a pilot boards a vessel he becomes a servant of the vessel and its owner and operator. Nothing in this chapter exempts the vessel, its owner, or operator from liability for damage or loss occasioned by the ship to a person or property on the ground that (1) the ship was piloted by a pilot licensed by the State, or (2) the damage or loss was occasioned by the error, omission, fault, or neglect of a pilot licensed by the State. "
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on Tuesday, June 23, 2009 at 2:25 P.M.