2007 Oregon Code - Chapter 776 :: TITLE 58
TITLE 58
SHIPPING AND
NAVIGATION
Chapter 776. Maritime Pilots and Pilotage
777. Ports Generally
778.
780. Improvement and Use of Navigable Streams
783. Liabilities and Offenses Connected With
Shipping and Navigation; Shipbreaking; Ballast Water
_______________
Chapter 776
Maritime Pilots and Pilotage
2007 EDITION
MARITIME PILOTS AND PILOTAGE
SHIPPING AND NAVIGATION
GENERAL PROVISIONS
776.015 Definitions
776.025 Description
of bar and river pilotage grounds
776.035 Findings
776.045 Deck
officer requirements
776.105 Oregon
Board of Maritime Pilots; term; qualifications; appointment; quorum
776.115 Powers
and duties of board; rules; fees
776.118 Additional
authority of board
776.129 Administrative
law judge for rate hearings; recommendations from other agencies; assessing
costs and expenses of hearing
LICENSING; COMPENSATION; LIABILITY
776.300 Trainee
license; qualifications; assignment for training; rules
776.311 Organizations
licensed to train pilots
776.325 Qualifications
of licensees
776.355 License
fees; rules
776.357 Maximum
maritime pilot license fee
776.365 Pilot
Account; uses
776.375 Disciplinary
proceedings; administrative procedures; judicial review
776.405 License
required; exemptions
776.415 Compensation
of licensees determined by law
776.425 Authority
of licensees generally; compensation
776.435 Refusing
services of licensee; liability for pilotage fee
776.445 Liability
of certain persons for licensees compensation
776.455 Exhibition
of license on boarding vessel
776.510 Declaration
of legislative intent relating to liability of licensees, trainees and
organizations
776.520 Tariffs
limiting liability of licensees, trainees or organizations
776.530 Licensees,
trainees and organizations not liable for certain acts or omissions
776.540 Security
required of licensees and trainees; conditions of bond; limitation of liability
PENALTIES
776.880 Civil
penalties
776.991 Criminal
penalties
776.010 [Repealed by 1957 c.448 §27]
GENERAL PROVISIONS
776.015
Definitions. As used in this
chapter, unless the context requires otherwise:
(1) Board means the Oregon Board of
Maritime Pilots.
(2) Licensee means an individual
licensed under ORS 776.115.
(3) Organization of pilots means any
legal entity or association to which licensees belong as members, or with which
licensees are associated, that is formed for cooperative performance of
functions including, but not limited to, the dispatching of licensees and
trainees, collection of pilotage fees, ownership and operation of pilot boats,
distribution of earnings of licensees and trainees, and education and training
so as to facilitate the rendition of pilotage services by individual licensees
and trainees.
(4) Pilotage, piloting or to pilot
means the actions of a licensee or trainee in assisting the master of a vessel
under ORS 776.405 while the vessel is on, approaching or departing a pilotage
ground, and the associated communication with the vessel.
(5) Trainee means a person the board has
licensed under ORS 776.300 and who has met the requirements of ORS 776.540. [1957
c.448 §1; 1981 c.88 §2; 1983 c.330 §1; 1993 c.741 §110; 1993 c.796 §1; 2001
c.403 §1]
776.020 [Repealed by 1957 c.448 §27]
776.025
Description of bar and river pilotage grounds. Except as may be established by the Oregon
Board of Maritime Pilots under ORS 776.115 (3), bar and river pilotage grounds
shall be as follows:
(1) The Columbia River bar pilotage ground
extends from the uppermost dock or wharf at the
(2) The
(3) The
(4) The
776.030 [Repealed by 1957 c.448 §27]
776.035
Findings. The Legislative
Assembly finds that:
(1) In order to implement the policies
described and inherent in ORS 196.420, 273.553, 465.205, 466.010 and 468B.015
and ORS chapter 274, it is necessary to establish precautionary measures.
(2) Only individuals who have experience
and can demonstrate knowledge of currents, tides, soundings, bearings and
distances of the shoals, rocks, bars, points of landings, lights and fog
signals should direct a large vessel on certain waters of this state. [1991
c.234 §2; 1997 c.16 §2]
776.040 [Repealed by 1957 c.448 §27]
776.045
Deck officer requirements.
(1) All vessels required by ORS 776.405 (1) to engage a licensee under this
chapter shall, at all times while underway upon any of the pilotage grounds
established under ORS 776.025 or 776.115, have at least two licensed deck
officers on the navigation bridge of the vessel, one of whom meets the
requirements of ORS 776.405 (1).
(2) The only duties of the licensed deck
officer required under ORS 776.405 (1) shall be to monitor and direct safe
navigation of the vessel during transit on the waters of this state. [1991
c.234 §4; 1993 c.796 §2]
776.050 [Repealed by 1957 c.448 §27]
776.060 [Repealed by 1957 c.448 §27]
776.070 [Repealed by 1957 c.448 §27]
776.080 [Repealed by 1957 c.448 §27]
776.090 [Repealed by 1957 c.448 §27]
776.100 [Repealed by 1957 c.448 §27]
776.105
(2) Three members of the board shall be
public members, one of whom shall act as chairperson of the board. The public
members of the board may not:
(a) During the preceding five years or
during their terms of office, have any interest in the ownership, operation or
management of any tugs, cargo or passenger vessels or in the carriage of
freight or passengers by vessel;
(b) During the preceding five years or
during their terms of office, have any interest in any association or
organization represented under subsection (4) of this section or principally
comprised of persons engaged in commercial pursuits in the maritime industry as
described in paragraph (a) of this subsection in any capacity; or
(c) Hold or have held a maritime pilot
license issued by any state or federal authority.
(3) Three members shall be licensees under
this chapter. One member shall be a Columbia River bar licensee, one member
shall be a Columbia River licensee and one member shall be a
(a) Have been licensed for more than three
years under this chapter;
(b) Be actively engaged in piloting; and
(c) Be a resident of this state.
(4) Except as provided in subsection (5)
of this section, three members of the board shall, for at least three years
immediately preceding their appointment, have been and during their terms of
office be engaged in the activities of a person, as defined in ORS 174.100,
that operates or represents commercial oceangoing vessels.
(5) The Governor may appoint a past or present
employee or commissioner of a port to serve on the board in lieu of one of the
operators or representatives of a commercial oceangoing vessel under subsection
(4) of this section.
(6)(a) The majority of members shall
constitute a quorum for the transaction of all business if at least one member
of each group, as described in subsections (2), (3) and (4) of this section, is
present.
(b) Notwithstanding paragraph (a) of this
subsection, when the board fixes pilotage fees under ORS 776.115 (5) a quorum
shall consist of seven members.
(c) Notwithstanding paragraph (a) of this
subsection, for purposes of ORS 192.610 to 192.690 a quorum shall consist of
five members.
(7) The commission may appoint a member of
the commission, or a designee, as a nonvoting, ex officio member of the board.
(8)(a) The commission is responsible for
the administrative oversight of the board. The responsibilities of the
commission include, but are not limited to:
(A) Budgeting;
(B) Financial management;
(C) Record keeping;
(D) Staffing;
(E) Purchasing and contracting;
(F) Collecting fees; and
(G) Compliance with rulemaking procedures
set forth in ORS chapter 183.
(b) In consultation with the board, the
commission shall:
(A) Fix the qualifications of and appoint
an administrative officer for the board; and
(B) Subject to the State Personnel
Relations Law, fix the compensation of the administrative officer. [1957 c.448 §3;
1963 c.580 §93; 1967 c.401 §8; 1969 c.314 §102; 1971 c.753 §41; 1981 c.88 §3;
1987 c.414 §89; 1987 c.775 §4; 1993 c.741 §111; 1993 c.796 §3; 2005 c.508 §1;
2007 c.768 §63]
776.110 [Repealed by 1957 c.448 §27]
776.115
Powers and duties of board; rules; fees. The Oregon Board of Maritime Pilots shall:
(1) Fix the manner of calling and fixing
the places of meetings and hold at least one meeting each calendar year.
(2) Provide for efficient and competent
pilotage service on all pilotage grounds, and regulate and limit the number of
licensees and trainees under this chapter, such number of licensees and
trainees to be regulated and limited to the number found by the board to be
required to render efficient and competent pilotage service. The primary
consideration of the board is public safety. If a proposed rule would result in
the significant limitation of competition among licensees or pilot
organizations that exist in this state on January 1, 1991, the board shall
first make a determination that the proposed rule is essential to protect the
safety of the public.
(3) Establish and fix the boundaries of
pilotage grounds not described in ORS 776.025.
(4) In accordance with the applicable
provisions of ORS chapter 183, establish by rule a licensing system for persons
licensed to pilot, for persons licensed as trainees and for pilot organizations
who train persons to pilot, including but not limited to provisions
prescribing:
(a) The form and content of and the times
and procedures for submitting an application for license issuance and renewal.
The pendency of an investigation shall not affect the renewal process.
(b) The term of license of a pilot and the
annual license fee, subject to the maximum annual license fee established
pursuant to ORS 776.357.
(c) The requirements for and the manner of
testing competency of license applicants.
(d) Those actions or circumstances that
constitute failure to achieve or maintain competency or that otherwise
constitute a danger to public health and safety and for which the board may
refuse to issue or renew a license, may suspend or revoke a license or may
reprimand a licensee.
(e) Classes of licenses that specify the
size of vessels the licensee is authorized to be trained to pilot or to pilot
on those river pilotage grounds for which the trainee or pilot is licensed.
(5)(a) Fix, at reasonable and just rates,
pilotage fees, extra fees for vessels in distress, fees for extraordinary
pilotage services, fees for a licensee or trainee being carried to sea
unwillingly and reimbursement for the return to station or for the detention of
a licensee or trainee, except that pilotage fees shall not be less inbound or
outbound on vessels, propelled in whole or in part by their own power, than the
following:
(A) Between
(B) Between
(C) Between
(D) Between Coos Bay and the sea, $2.50
per foot draft and 2 cents per ton.
(b) In fixing fees pursuant to paragraph
(a) of this subsection, the board shall give due regard to the following
factors:
(A) The length and net tonnage of the
vessels to be piloted.
(B) The difficulty and inconvenience of
the particular service and the skill required to render it.
(C) The supply of and demand for pilotage
services.
(D) The public interest in maintaining
efficient, economical and reliable pilotage service.
(E) Other factors relevant to the
determination of reasonable and just rates.
(6) Conduct or authorize the holding of
hearings. In so doing the board or the administrative law judge may subpoena
witnesses, administer oaths, take depositions, fix the fees and mileage of
witnesses and compel the attendance of witnesses and the production of papers,
books, accounts, documents and testimony.
(7) Adopt any rule or make any order, as
set forth in ORS chapter 183, for the effective administration and enforcement
of this chapter.
(8) Establish rates pursuant to subsection
(5) of this section, for a period of not less than two years, that continue in
effect until a subsequent hearing process. Rates may include automatic
adjustment provisions to reflect changing economic conditions. [1957 c.448 §4;
1981 c.88 §5; 1983 c.313 §5; 1987 c.158 §157; 1987 c.775 §3; 1991 c.234 §8;
1993 c.741 §112; 1993 c.796 §4; 2003 c.75 §110; 2003 c.619 §1; 2007 c.621 §1]
776.118
Additional authority of board.
In addition to its authority under ORS 776.115, the Oregon Board of Maritime
Pilots may:
(1) Establish pilotage requirements for
all single boiler or single engine and single screw tank vessels carrying oil
in pilotage grounds;
(2) Review and, if appropriate, reduce
deadweight tonnage specifications for pilotage service for vessels carrying
oil;
(3) Establish regional speed limits, based
on escort vehicle limitations, for all tank vessels in inland navigable waters
and critical approaches to inland navigable waters; and
(4) Establish a program for a near-miss
reporting system. [1991 c.651 §21; 1993 c.796 §5]
776.120 [Repealed by 1957 c.448 §27]
776.125 [1957 c.448 §5; repealed by 1993 c.796 §23]
776.129
Administrative law judge for rate hearings; recommendations from other
agencies; assessing costs and expenses of hearing. (1) When the Oregon Board of Maritime Pilots
establishes rates described in ORS 776.115 (5), the board shall contract with
and compensate the Public Utility Commission of Oregon for the use of
administrative law judges assigned by the commission to conduct the rate
proceeding. Notwithstanding ORS 183.413 to 183.470, an administrative law judge
shall conduct the proceeding in compliance with procedures adopted by the board
by rule. The administrative law judge and the board may receive and consider
recommendations made by the Economic and Community Development Department and
the
(2) The board may defray the costs and
expenses of the hearing by assessing, in its final order, all or a portion of
the costs and expenses of the hearing to a party to the hearing. [1987 c.775 §2;
1989 c.171 §85; 1989 c.293 §1; 1993 c.741 §112a; 1993 c.796 §6; 1999 c.849 §§178,179;
2003 c.75 §63; 2003 c.619 §2; 2007 c.288 §17]
776.130 [Repealed by 1957 c.448 §27]
776.135 [Subsection (1) enacted as part of 1957
c.448 §5; subsection (2) enacted as 1957 c.448 §24; 1971 c.734 §184; 1983 c.313
§1; repealed by 1993 c.796 §23]
776.140 [Repealed by 1957 c.448 §27]
776.145 [1957 c.448 §6; repealed by 1971 c.734 §21]
776.150 [Repealed by 1957 c.448 §27]
776.155 [1957 c.448 §7; repealed by 1971 c.734 §21]
776.160 [Repealed by 1957 c.448 §27]
776.165 [1957 c.448 §8; repealed by 1971 c.734 §21]
776.170 [Repealed by 1957 c.448 §27]
776.175 [1957 c.448 §9; repealed by 1971 c.734 §21]
776.185 [1957 c.448 §10; repealed by 1971 c.734 §21]
776.195 [1957 c.448 §11; repealed by 1971 c.734 §21]
776.205 [1957 c.448 §12; repealed by 1971 c.734 §21]
LICENSING;
COMPENSATION; LIABILITY
776.300
Trainee license; qualifications; assignment for training; rules. (1) No person shall be licensed as a trainee
under this chapter unless the person meets the experience and educational
requirements established by the Oregon Board of Maritime Pilots by rule
including provisions pursuant to a program to carry out ORS 243.305 and 776.115
(2).
(2) The board shall assign trainees to
organizations of pilots licensed under ORS 776.311. Trainees shall be trained
to become licensees by one or more organizations of pilots. The board may adopt
by rule training requirements. [1981 c.88 §7; 1993 c.796 §7]
776.305 [1957 c.448 §13; 1985 c.34 §1; repealed by
1993 c.796 §23]
776.310 [Repealed by 1957 c.448 §27]
776.311
Organizations licensed to train pilots. (1) No organization of pilots shall be licensed to train persons to be
pilots under this chapter unless the organization:
(a) Has members who are licensed to pilot
under ORS 776.325; and
(b) Meets other requirements established
by the Oregon Board of Maritime Pilots.
(2) The board shall license at least one
pilot organization on each pilotage ground.
(3) Organizations of pilots shall train
only persons who are licensed as trainees and have been assigned for training
by the board under ORS 776.300. [1993 c.796 §8b]
776.315 [1957 c.448 §14; 1985 c.32 §1; repealed by
1993 c.796 §23]
776.320 [Amended by 1953 c.140 §2; repealed by 1957
c.448 §27]
776.325
Qualifications of licensees.
(1) No person shall be licensed to pilot under this chapter unless the person:
(a) Was licensed as a trainee or licensee
prior to submitting an application to be licensed to pilot and has met the
training requirements established by the Oregon Board of Maritime Pilots; and
(b) Possesses the requisite skill and the
experience as a navigator and pilot, as demonstrated by satisfactory
performance on such written examinations as the board may prescribe, together
with practical knowledge of the currents, tides, soundings, bearings and
distances of the several shoals, rocks, bars, points of landings, lights and
fog signals of or pertaining to the navigation of the pilotage ground for which
application is made for a license to pilot.
(2) An applicant for a license over any
river pilotage ground must have at least six months continuous experience, as
determined by the board, as a trainee on vessels subject to ORS 776.405
piloting oceangoing vessels over the pilotage ground for which application is
made, prior to making application for a license, and must have had the
necessary experience in handling oceangoing vessels through the bridges, under
varying conditions with and without towboats.
(3) An applicant for a license on bar pilotage
grounds shall satisfy the board that the applicant has means available for
boarding and leaving vessels which the applicant may be called upon to pilot. [1957
c.448 §15; 1973 c.827 §82; 1981 c.88 §8; 1983 c.313 §2; 1985 c.32 §2; 1993
c.796 §8]
776.330 [Repealed by 1957 c.448 §27]
776.335 [1957 c.448 §16; repealed by 1993 c.796 §23]
776.340 [Repealed by 1953 c.297 §2]
776.345 [1957 c.448 §17; 1981 c.88 §13; 1983 c.313 §3;
1985 c.34 §2; repealed by 1993 c.796 §23]
776.350 [Repealed by 1957 c.448 §27]
776.355
License fees; rules. (1)
Except as provided in subsection (2) of this section, each licensee under this
chapter shall pay an annual license fee to the Oregon Board of Maritime Pilots
not to exceed the amount established under ORS 776.115. Subject to prior
approval of the Oregon Department of Administrative Services and a report to
the Emergency Board prior to adopting the fee, the amount of the fee shall be
adjusted by the Oregon Board of Maritime Pilots to finance costs as defined by the
legislatively approved budget, as it may be modified by the Emergency Board.
(2) The board by rule may establish
reduced license fees for those individuals who engage in pilotage activities on
less than a full-time basis. However, in no event shall the fee be less than
$50. [1957 c.448 §22; 1963 c.105 §2; 1973 c.832 §68; 1977 c.40 §2; 1979 c.11 §2;
1981 c.88 §9; 1983 c.313 §4; 1985 c.271 §2; 1989 c.293 §2; 1991 c.466 §1; 1991
c.703 §41; 1993 c.796 §9]
776.357
Maximum maritime pilot license fee. (1) The maximum annual license fee for a maritime pilot is $2,500 for
the biennium beginning July 1, 2007.
(2) The Oregon Board of Maritime Pilots
shall adjust the amount of the maximum annual license fee for a maritime pilot
for each subsequent biennium by a proportional amount equal to the percentage
change in the 24-month period prior to the beginning of the biennium in the
Portland-Salem, OR-WA, Consumer Price Index for All Urban Consumers for All
Items, as published by the Bureau of Labor Statistics of the United States
Department of Labor. [2007 c.621 §2]
Note: 776.357 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 776 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
776.360 [Repealed by 1957 c.448 §27]
776.365
Pilot Account; uses. The
Pilot Account is established in the State Treasury, separate and distinct from
the General Fund. All moneys received by the Oregon Board of Maritime Pilots
under this chapter shall be deposited in the account. All moneys in the account
are continuously appropriated to the board and the board may use the moneys
only for the administration and enforcement of this chapter and for expenses
incurred by the Public Utility Commission in its oversight of the board. [1957
c.448 §23; 1983 c.740 §256; 2007 c.768 §68]
776.370 [Repealed by 1957 c.448 §27]
776.375
Disciplinary proceedings; administrative procedures; judicial review. (1) Where the Oregon Board of Maritime Pilots
proposes to refuse to issue or renew a license to pilot, or proposes to revoke
or suspend a license or proposes to issue a written reprimand, opportunity for
hearing shall be accorded as provided in ORS chapter 183.
(2) Adoption of rules, conduct of
hearings, issuance of orders and judicial review of rules and orders shall be
as provided in ORS chapter 183. Contested case hearings shall be conducted by
an administrative law judge assigned from the Office of Administrative Hearings
established under ORS 183.605. [1971 c.734 §186; 1981 c.88 §14; 1993 c.796 §10;
1999 c.849 §§181,182; 2003 c.75 §64]
776.380 [Repealed by 1957 c.448 §27]
776.390 [Repealed by 1957 c.448 §27]
776.400 [Repealed by 1957 c.448 §27]
776.405
License required; exemptions.
(1)(a) Except as set forth in paragraph (b) of this subsection, no person shall
pilot any vessel upon any of the pilotage grounds established under ORS 776.025
or 776.115 without being a licensee under this chapter or a trainee under the
onboard supervision of a licensee under this chapter.
(b) Paragraph (a) of this subsection does
not apply to:
(A) The master of a vessel under fishery,
recreational or coastwise indorsement provided under 46 U.S.C. chapter 121;
(B) A vessel registered with the State
Marine Board or a similar licensing agency of another state; or
(C) The master of a foreign registered
fishing or recreational vessel, exempted by the Oregon Board of Maritime
Pilots, of not more than 100 feet in length or 250 gross tons international.
(2) A licensee under this chapter is at
all times the servant of the vessel being piloted and its owners and operators.
[1957 c.448 §25(1); 1973 c.650 §1; 1983 c.330 §3; 1985 c.34 §3; 1991 c.234 §3;
1993 c.796 §11; 2001 c.104 §296]
776.410 [Amended by 1955 c.558 §1; repealed by 1957
c.448 §27]
776.415
Compensation of licensees determined by law. No licensee shall demand or receive any greater, lesser or different
compensation for piloting a vessel upon any of the pilotage grounds than is
allowed by law. [1957 c.448 §25(2); 1993 c.796 §12]
776.420 [Amended by 1953 c.141 §2; 1953 c.142 §2;
1955 c.698 §1; repealed by 1957 c.448 §27]
776.425
Authority of licensees generally; compensation. Within the scope of the license, a licensee
may pilot any vessel and demand and receive therefor the compensation allowed
by law. [1957 c.448 §20(1); 1973 c.650 §2; 1985 c.32 §3; 1993 c.796 §13]
776.430 [Repealed by 1957 c.448 §27]
776.435
Refusing services of licensee; liability for pilotage fee. The master or person in charge of any vessel
may refuse to accept the services of any particular licensee and shall call for
another licensee, in which case the vessel and the owners, operators and agents
of the vessel are liable only for the services of the licensee employed. [1957
c.448 §20(2); 1983 c.330 §2; 1991 c.234 §5; 1993 c.796 §14]
776.440 [Repealed by 1957 c.448 §27]
776.445
Liability of certain persons for licensees compensation. In addition to the lien of the licensee upon
the vessel for any sum due for piloting, the master, owner and consignee or
agent are jointly and severally liable to the licensee therefor. [1957 c.448 §21;
1993 c.796 §15]
776.450 [Repealed by 1957 c.448 §27]
776.455
Exhibition of license on boarding vessel. On boarding a vessel and if required by the master thereof, a licensee
shall exhibit the license before the licensee is authorized to perform a
piloting assignment. [1957 c.448 §19; 1993 c.796 §16]
776.460 [Repealed by 1957 c.448 §27]
776.465 [1957 c.448 §18; repealed by 1993 c.796 §23]
776.470 [Repealed by 1957 c.448 §27]
776.480 [Repealed by 1957 c.448 §27]
776.490 [Repealed by 1957 c.448 §27]
776.500 [Repealed by 1957 c.448 §27]
776.510
Declaration of legislative intent relating to liability of licensees, trainees
and organizations. (1) The
stimulation and preservation of maritime commerce on the bar and river pilotage
grounds of this state are declared to be affected with the public interest and
the limitation and regulation of liability of licensees, trainees and organizations
of pilots are necessary to such stimulation and preservation of maritime
commerce and are deemed to be in the public interest.
(2) To accomplish the stimulation and
preservation of maritime commerce it is necessary to establish an optional rate
system whereby vessels and persons engaging the services of a licensee have the
option of:
(a) Agreeing not to assert any personal
liability against any licensee, trainee and organization of pilots to which the
licensee or trainee belongs, and to defend, indemnify and save harmless the
licensee, trainee and organization of pilots against all claims and demands
arising from acts or omissions of the licensee, trainee or organization of
pilots which relate, directly or indirectly, to pilotage of the vessel; or
(b) Directing licensees in writing and in
sufficient time for insurance to be procured by them, on a trip basis,
insuring such licensees, trainees and organizations of pilots to which they
belong against all claims or demands arising from or relating to, directly or
indirectly, pilotage of the vessel, the premium or cost of such insurance to be
included in the charges for pilotage services and paid on demand by the vessel.
(3) The Legislative Assembly hereby
declares that to effect the ends and purposes listed in this section, and to
maintain pilotage fees at reasonable levels on the bar and river pilotage
grounds of this state, ORS 776.520, 776.530 and 776.540 are adopted. [1959
c.404 §2; 1983 c.330 §4; 1993 c.796 §17]
776.520
Tariffs limiting liability of licensees, trainees or organizations. Licensees and trainees are authorized to
limit their liability and the liability of any organization of pilots to which
they belong by tariffs approved by the Oregon Board of Maritime Pilots
containing substantially the terms and provisions of the following form:
______________________________________________________________________________
The provisions of ORS 776.510 and 776.540
hereby are incorporated into and made a part of this tariff. By reason of the
option granted by ORS 776.510, the rates and charges named in this tariff do
not include the cost of marine insurance insuring the licensee, trainee and any
organization of pilots to which the licensee or trainee belongs, the vessel,
its owners, agents or operators from the consequences of negligence or errors
in judgment of the licensees, trainees or organizations of pilots.
However, upon reasonable notice to the
licensees in writing from the vessel, its master, owners, agents or operators,
the licensees parties hereto will procure such insurance on a trip basis in
an amount equal to the value of the vessel and its cargo, or such other amount
as may be agreed upon between the licensees and the vessel, its master, owners,
agents or operators, insuring the licensees and the organizations of pilots to
which they belong against all claims or demands arising from or based upon,
directly or indirectly, pilotage of the vessel. The premium for such insurance
shall be assessed in addition to the rates and charges specified herein.
The election of the vessel, its master,
owners, agents or operators not to request licensees parties hereto to procure
such insurance and thereby to elect to have the licensees parties hereto
perform services on the rates and charges specified herein shall constitute a
binding and irrevocable agreement on the part of the vessel, its master,
owners, agents or operators to the terms and conditions of the following:
It is understood and agreed, and is the
essence of the contract under which services of the licensee are tendered to
and accepted by the vessel, its master, operators and owners, that:
(1) The services rendered hereunder are
rendered by a licensee;
(2) The services of any individual
licensee have been voluntarily accepted and are voluntarily rendered pursuant
to the election authorized by ORS 776.510;
(3) Such services are advisory in nature
only, the master of the vessel remaining at all times in full command of the
vessel and empowered to relieve the licensee of duties;
(4) The services of the licensee and, if
applicable, trainee are accepted on the express understanding that when the
licensee and trainee go aboard the vessel the licensee and trainee become the
servants of the vessel and its owners and operators. Except as to such personal
liability and rights over as may arise by reason of the willful misconduct or
gross negligence of the licensee or trainee, the master, owners and operators
of the vessel expressly covenant and agree:
(a) Not to assert directly or indirectly,
any personal liability against the licensee, trainee, any organization of
pilots to which the licensee or trainee belongs, and any members of such
organization;
(b) Not to respond in damage (including
any rights over) arising out of or connected with, directly or indirectly, any
damage, loss or expense sustained by the vessel, its master, owners, operators
and crew, and any third parties (including cargo), even though resulting from
acts or omissions of any organization of pilots to which the licensee or trainee
belongs, from acts or omissions of its members, or any acts or omissions of the
licensee or trainee; and
(c) To defend, indemnify and hold harmless
the licensee, trainee, any organization of pilots to which the licensee or
trainee belongs, and any members of such organization, from any claims
whatsoever for damages, loss or expense arising out of, or connected with any
acts or omissions of the licensee, trainee or organization of pilots which
relate, directly or indirectly, to pilotage of the vessel;
(5) The master, owners and operators of
the vessel shall not be liable to indemnify and hold harmless the licensee,
trainee and any organization of pilots to an extent greater than the amount to
which the liability of the vessel, its owners and operators, is limited by
reason of contract, bill of lading or statute, including but not limited to,
the Limitation of Liability Act (46 U.S.C. 181-189), the Harter Act (46 U.S.C.
190-195), the Carriage of Goods by Sea Act (46 U.S.C. 1300-1315), and the
Federal Water Pollution Control Act (33 U.S.C. 1321); and
(6) The fees charged for the services
rendered by the licensee and trainee have been computed and are assessed in
accordance with and based upon the above stipulations.
______________________________________________________________________________
[1959 c.404 §3;
1973 c.650 §3; 1983 c.330 §5; 1993 c.796 §18]
776.530
Licensees, trainees and organizations not liable for certain acts or omissions. An organization of pilots shall not be
liable for any claims arising from acts or omissions of a licensee, trainee or
organization of pilots which relate, directly or indirectly, to pilotage of a
vessel. A licensee or trainee shall not be liable either directly or as a
member or associate of an organization of pilots for any claims arising from
acts or omissions of any other licensee, trainee or any organization of pilots
which relate, directly or indirectly, to pilotage of a vessel. This section
does not apply to acts or omissions relating to the ownership and operation of
pilot boats or the transportation of licensees and trainees to and from the
vessel being piloted. [1983 c.330 §8; 1993 c.796 §19]
776.540
Security required of licensees and trainees; conditions of bond; limitation of
liability. (1) Each licensee
and trainee shall procure and furnish to the Oregon Board of Maritime Pilots a
security in the sum of $250 as a surety bond or an irrevocable letter of
credit, in a form approved by the board and underwritten by a surety company
authorized to engage in business in the State of Oregon or issued by an insured
institution, as defined in ORS 706.008, or as a cash deposit in a form approved
by the board. The cash deposit, letter of credit or bond shall be conditioned
so as to pay the sum to any person, firm, corporation or other legal entity who
or which shall suffer any loss or damage by reason of any negligent act or
omission of the licensee or trainee which relates, directly or indirectly, to
pilotage of the vessel. No licensee or trainee shall be liable for any such act
or omission beyond the amount of the security. However, this limitation of
liability shall not apply:
(a) To willful misconduct on the part of
the licensee or trainee;
(b) To the extent to which insurance is
procured pursuant to the option granted by ORS 776.510 and 776.520; or
(c) To acts or omissions relating to the
ownership and operation of pilot boats or the transportation of licensees and
trainees to and from the vessel being piloted.
(2) When any suit or action is brought in
any court against a licensee or trainee for any such act or omission in respect
of which liability is limited as provided by this section and other claims are
made or anticipated in respect of the same act or omission, upon payment by the
licensee or trainee of the amount of the security into the court in which such
suit or action is brought, the court shall distribute that amount rateably
among the several claimants and shall dismiss the proceedings as to the
licensee or trainee. [1983 c.330 §7; 1985 c.29 §1; 1991 c.331 §138; 1993 c.796 §20;
1997 c.631 §553]
PENALTIES
776.880
Civil penalties. (1) In
addition to any other penalty provided by law, any licensee or trainee who
commits any act for which the Oregon Board of Maritime Pilots could revoke,
suspend or refuse to issue or renew a license is subject to a civil penalty in
an amount determined by the board of not more than $250 for each offense.
(2) Any person who violates the provisions
of ORS 776.405 (1)(a) is subject to a civil penalty in an amount as determined
by the board of not less than $5,000 and not more than $50,000.
(3) Civil penalties under this section
shall be imposed as provided in ORS 183.745.
(4) All amounts recovered under this
section are subject to ORS 776.365. [1981 c.88 §11; 1991 c.234 §6; 1991 c.734 §102;
1993 c.796 §21]
776.990 [Repealed by 1957 c.448 §27]
776.991
Criminal penalties. (1)
Except as provided in subsection (2) of this section, any person violating any
of the provisions of this chapter is punishable, upon conviction, by a fine not
to exceed $500, or by imprisonment in the county jail not to exceed six months,
or both.
(2) Any person violating the provisions of
ORS 776.405 (1)(a) is punishable, upon conviction, by a fine of not less than
$5,000 nor more than $50,000, or by imprisonment in the county jail not to
exceed six months, or both. [1957 c.448 §26; 1991 c.234 §7]
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