ASSEMBLY, No. 1040

 

STATE OF NEW JERSEY

 

Introduced Pending Technical Review by Legislative Counsel

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Assemblyman DORIA

 

 

An Act concerning pilotage of certain vessels, providing for the licensing of docking masters and amending R.S.12:8-8, 12:8-13, 12:8-16, 12:8-35 and 12:8-47.

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. R.S.12:8-8 is amended to read as follows:

    12:8-8. Whenever the services of a pilot by way of Sandy Hook is required to pilot a vessel sailing from any other port in the United States bound [in or over the bar of Sandy Hook] into or out of the Port of New York or the ports of New Jersey by way of the bar of Sandy Hook or by way of Sands Point or Execution Rocks, or operating in the waters within the Port of New York or ports of New Jersey or into any bays, rivers, harbors, or ports of the waters of this State between Sandy Hook, in the county of Monmouth and the city of Atlantic City, in the county of Atlantic, written application for the pilot must first be made by the master, owner or consignee of the vessel to the commissioners. The commissioners shall thereupon designate the pilots so to be employed in rotation, according to the designated number of boats in service, beginning with the lowest number, so that the company of every boat in the service shall in their turn have the right to avail of such employment. The commissioners shall enforce this regulation by proper by-laws.

(cf: P.L.1991, c.76, s.1)

 

     2. R.S.12:8-13 is amended to read:

    12:8-13. The commissioners, or a majority of them, may permit, at their discretion, any person to act as a branch pilot as hereinafter provided for, off the bar of Sandy Hook, or of the river Raritan, or of the harbor of [Jersey City, Newark or Perth Amboy] the ports of New Jersey or, entering or departing from these ports or the Port of New York, by way of the bar at Sandy Hook, or by way of Sands Point or Execution Rocks, or operating in the waters within the Port of New York or ports of New Jersey, or into any bays, rivers, harbors, or ports of the waters of this State between Sandy Hook, in the county of Monmouth and the city of Atlantic City, in the county of Atlantic, after having examined [such] that person in the manner hereinafter mentioned and made [such] the inquiries respecting [him and his] the person and the person's qualifications as [to] the commissioners [shall appear] find necessary and expedient.

(cf: R.S.12:8-13)

 

    3. R.S.12:8-16 is amended to read as follows:

    12:8-16. Whenever a person shall produce to the Governor, or, in case of his absence from the seat of government, to the Secretary of State, a certificate of appointment from the commissioners, or a majority of them, the Governor or the Secretary of State, as the case may be, shall administer to such person the following oath:

    "I, A.B., do solemnly swear (or affirm), that I will well and faithfully, and according to the best of my skill and knowledge, execute and discharge the business and duty of a ........ branch pilot for [the bar, Jersey City, Newark, and Perth Amboy and harbor of Sandy Hook,]the Port of New York or ports of New Jersey, entering or departing by way of the bar at Sandy Hook, by way of Sands Point or Execution Rocks, or operating in the waters within the Port of New York or the ports of New Jersey, and any bays, rivers, harbors, or ports of the waters of this State between Sandy Hook, in the county of Monmouth and the city of Atlantic City, in the county of Atlantic, and that I will at all times use my best endeavors to repair on board all ships and vessels that I shall see and conceive to be bound for, or coming into, or going out of the harbor and bodies of water aforesaid, unless I am well assured that some other licensed pilot is then on board the same; 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 bring safely [over the bar at Sandy Hook] into or out of the Port of New York or ports of New Jersey, by way of the bar at Sandy Hook, or by way of Sands Point or Execution Rocks, and through the waters within the Port of New York or ports of New Jersey, and into any bays, rivers, harbors, or ports of the waters of this State between Sandy Hook, in the county of Monmouth and the city of Atlantic City, in the county of Atlantic, every vessel committed to my care in coming in or going out; and 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 or things that may appertain to the duty of a pilot."

    The Secretary of State shall charge a fee of $25.00 for administering the oath.

(cf: P.L.1991, c.76, s.3)

 

    4. R.S.12:8-35 is amended to read as follows:

    12:8-35. [All masters of foreign vessels and vessels from a foreign port, and all vessels sailing under register, bound in or over the bar of Sandy Hook] Every vessel except those exempt by the laws of the United States or any yacht or other non-commercial vessel of less than 100 feet in length, entering or departing from the Port of New York or ports of New Jersey by way of the bar at Sandy Hook or by way of Sands Point or Execution Rocks, or operating in the waters within the Port of New York or ports of New Jersey, or into any bays, rivers, harbors or ports of the waters of this State between Sandy Hook, in the county of Monmouth and the city of Atlantic City, in the county of Atlantic, shall take a [licensed] pilot licensed under the laws of this State or of the state of New York, or in case of refusal to take such pilot, the master, owner or consignee shall pay the pilotage as if one had been employed, and such pilotage shall be paid to the pilot first speaking or offering his services as pilot to such vessel. The pilotage authorized to be collected whenever a pilot is refused by a vessel may be sued for and recovered in the name of the pilot tendering these services in a court of competent jurisdiction. That pilotage, when paid or recovered, shall belong to and may be retained by this pilot for the pilot's own benefit and use.

    A vessel shall utilize the services of a docking master, in addition to the pilot required under this section, when a vessel is docking or undocking, with one or more tugboats or towboats in attendance. License as a qualified docking master is a limited license for the purpose of docking or undocking in harbor areas covered by this section and does not entitle the holder of such limited license to enter or depart the Port of New York or ports of New Jersey by way of the bar at Sandy Hook or by way of Sands Point or Execution Rocks.

(cf: P.L.1991, c.76, s.4)

 

    5. R.S.12:8-47 is amended to read as follows:

    12:8-47. Any person not holding a license as a pilot under the laws of this [state] State or of the state of New York, who shall pilot or offer to pilot a vessel, [not exempted by the laws of this state from pilotage] except those exempt by the laws of the United States or any yacht or other non-commercial vessel of less than 100 feet in length, [to or] entering or departing from the Port of New York or ports of [Jersey City, Newark or Perth Amboy] New Jersey, by way of [Sandy Hook or Kill von Kull] the bar at Sandy Hook, or by way of Sands Point or Execution Rocks, or operating in the waters within the Port of New York or ports of New Jersey, or into any bays, rivers, harbors or ports of the waters of this State between Sandy Hook, in the county of Monmouth and the city of Atlantic City, in the county of Atlantic, or any person on board a steam tug or towboat who shall tow a vessel not having a [licensed] pilot licensed under the laws of this State or of the state of New York on board to or from the Port of New York or ports of New Jersey by way of the bar at Sandy Hook or by way of Sands Point or Execution Rocks, shall be guilty of a [misdemeanor and punished by a fine not exceeding one hundred dollars or imprisonment not exceeding sixty days] disorderly persons offense.

    [All persons employing a person, not holding a license, to act as pilot, shall forfeit to the pilots suing therefor in behalf of themselves and the commissioners, the sum of one hundred dollars.]

(cf: R.S.12:8-47)

 

    6. (New section) For the purposes of this 1994 amendatory and supplementary act, "qualified docking master" means a ship docking specialist meeting the requirements set forth in subsection a. or b. of section 7 of this 1994 amendatory and supplementary act who is certified as a docking master licensed by the commissioners and certified by a tugboat company actively engaged in the business of docking and undocking vessels in the Port of New York or ports of New Jersey.

 

    7. (New section) In order to be certified as a docking master licensed by the commissioners, an individual shall:

    a. (1) Hold a valid first class pilot's license issued by the United States Coast Guard for the waters upon which the individual is engaged to render docking master service;

    (2) Hold a valid United States Coast Guard unlimited tonnage federal pilot license for the waters worked upon;

    (3) Hold a valid United States Coast Guard Masters license;

    (4) Demonstrate not less than 10 years of experience in the maritime industry working on vessels in a deck department, not less than half of which are served in a Master or Mate capacity while holding a Master or Mate license. Credited maritime college time shall count for licensed graduates as part of the 10 years of experience; and

    (5) Complete, prior to being allowed to perform docking master assignments independently, during a period of not more than two years and within the Port of New York or ports of New Jersey, the following training:

    (a) Observing not less than 200 dockings or undockings from the bridge of a ship, while not serving as a member of the crew, but having the sole duty of observing; and

    (b) Performing not less than 25 dockings or undockings under observation of a qualified docking master; or

    b. Have been, not later than June 30th, 1994, performing the services of a docking master and possess, in the opinion of the tugboat company, qualifications equivalent to meeting the requirements of subsection a. of this section.

 

    8. (New section) All incidents or accidents involving qualified docking masters in the course of docking or undocking a vessel shall be reported to the commissioners who may suspend or revoke a docking master's license as a qualified docking master in the manner provided for the suspension or revocation of pilot licenses in R.S.12:8-19 through R.S.12:8-21 inclusive.

 

    9. (New section) Each tugboat company currently providing docking service in the Port of New York or ports of New Jersey shall, not later than June 30th of each year, submit to the commissioners and to the Pilot Commissioners of the state of New York a list, duly certified, signed and notarized by an officer of the company, containing the names and qualifications of individuals who meet the requirements of subsection a. or b. of section 7 of this 1994 amendatory and supplementary act to serve as docking masters.

 

    10. (New section) No provision of this 1994 amendatory and supplementary act shall be construed as prohibiting a pilot licensed under the laws of this State or the state of New York from docking or undocking a vessel, with or without the assistance of tugs or towboats, at the request of a vessel's master.

 

    11. (New section) Upon the retirement or resignation of those docking masters licensed by the commissioners on or before December 31, 1994, all future docking masters licensed by the commissioners to replace those docking masters retiring or resigning shall be licensed only after designation and certification by the commissioners. Subsequent candidates shall be selected from the Sandy Hook Pilots.

 

    12. This act shall take effect immediately.

 

 

                                                STATEMENT

 

    The bill expands the specific locations in the waters encompassing the Port of New York and the ports of New Jersey in which vessels would be required to operate with licensed pilots and specifies that the pilots must be licensed under the laws of this State and the state of New York. The provisions of the bill apply to the waters by way of the bar at Sandy Hook or by way of Sands Point or Execution Rocks and the waters within the Port of New York and the ports of New Jersey.

    The bill also provides that the fee charged by a licensed pilot for piloting a vessel, known as "the pilotage," may be recovered by the pilot tendering the service if the vessel refuses to pay it. This pilotage, when paid or recovered, shall belong to and may be retained by the pilot for the pilot's own benefit and use.

    The bill provides for the licensing of qualified docking masters according to standards set forth in the bill and to state that a license as a qualified docking master is a limited license which does not entitle the holder to enter or depart the Port of New York or the ports of New Jersey by way of the bar at Sandy Hook or by way of Sands Point or Execution Rocks.

    The bill further provides an exception to the requirement for a pilot licensed under the laws of New Jersey or New York when a vessel is docking or undocking. The bill provides that a vessel shall utilize the services of a docking master in addition to the required licensed pilot, when a vessel is docking or undocking, with one or more tugboats or towboats in attendance.

    The bill updates the penalty last revised in 1898 for vessels operating without a properly licensed pilot in these waters, making this violation a disorderly persons offense. A disorderly persons offense is punishable by a maximum fine of $1,000, 6 months in jail or both.

    The bill provides that tugboat companies shall submit a list of those qualified docking masters to the commissioners of pilotage of this State and New York. The bill provides that incidents or accidents involving qualified docking masters are to be reported to the commissioners of pilotage who may suspend or revoke a docking master's license. The bill further requires that upon the retirement or resignation of those docking masters licensed by the commissioners on or before December 31, 1994, all future docking masters licensed by the commissioners to replace those masters shall be licensed only after designation and certification by the commissioners, and that subsequent candidates shall be selected from the Sandy Hook Pilots.

    Additionally, the bill stipulates certain procedures for dealing with incidents or accidents involving docking masters and the replacement of those docking masters retiring or resigning on or before December 31, 1994.

    

              

Changes requirements for taking of pilots on vessels operating in waters encompassing Port of New York and ports of New Jersey and requires the licensing of docking masters.