2007 California Harbors and Navigation Code Article 1. Issuance Of License

CA Codes (hnc:1170-1179)

1170.  The board shall appoint and license the number of pilots
which is sufficient to carry out the purposes of this division.



1170.1.  In determining the number of pilots needed, pursuant to
Section 1170, the board shall take into consideration the findings
and declarations in Sections 1100 and 1101, the results of an audit
made pursuant to, and the factors specified in, Section 1203, the
industry's current economic trends, fluctuations in the number of
vessel calls, the size of vessels, and whether the need for pilotage
is increasing or decreasing.



1170.2.  Before changing the number of pilots which may be licensed
pursuant to this division, the board shall conduct a hearing pursuant
to Article 9 (commencing with Section 11120) of Chapter 1 of Part 1
of Division 3 of Title 2 of the Government Code.



1170.3.  (a) The board shall adopt, by regulation, a pilot's
conflict-of-interest code, which shall include, but need not be
limited to, a provision specifying that a pilot shall not have any
interest in, or derive any income from, any tugboat in operation on
Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun.
This requirement of divestiture does not apply to the ownership of
barges and vessels similar to barges.
   (b) The conflict-of-interest code shall not prohibit the ownership
of stock in any corporation registered on a national securities
exchange or on the National Market System of the NASDAQ Stock Market,
pursuant to Section 78f of Title 15 of the United States Code, which
may own tugboats in operation on Monterey Bay and the Bays of San
Francisco, San Pablo, and Suisun.



1171.  (a)  The board shall have the sole authority to determine the
qualifications for obtaining a license as a pilot or inland pilot
pursuant to this division, determine who shall have such a license,
and issue the license.
   (b) All persons possessing a valid state pilot's license on
January 1, 1985, are hereby licensed as if the license was granted by
the board.


1171.5.  (a) The board shall adopt, by regulation, licensing
standards that equal or exceed standards for obtaining federal
endorsements and that conform with and support the state policy
specified in Sections 1100 and 1101.
   (b) The board shall adopt reasonable rules and regulations that
require pilots to be qualified to perform all pilot duties.
   (c) The board shall adopt, by regulation, training standards and a
training program for pilots, inland pilots, and pilot trainees.  In
the case of pilot trainees, the training program shall be for a
minimum of one year and a maximum of three years.  In the case of
pilots and inland pilots, the board shall specify the type, nature,
duration, and frequency of the training required and the identity of
the pilots or inland pilots who are required to undergo training in
the next 12-month period.  Pursuant to Section 1182, the license of a
pilot or inland pilot may be revoked or suspended if he or she fails
to complete the training required by this subdivision during the
period specified.  The board shall also require that an evaluation of
the pilot's or inland pilot's performance be prepared by the
institution selected by the board to provide pilot training, and the
institution shall provide copies of the evaluation to the pilot or
inland pilot and to the pilot evaluation committee.
   (d) The board shall adopt, by regulation, the qualifications,
standards, and rating criteria for admission of pilot trainees to the
training program.  Notwithstanding subdivision (f), the board shall
administer and conduct the pilot trainee admission selection in
accordance with the regulations for admission.
   (e) The board shall establish a pilot evaluation committee
consisting of five active pilots who each have at least 10 years'
experience as a pilot on the Bays of San Francisco, San Pablo, and
Suisun.  The board shall select the members of the pilot evaluation
committee.  A member may not serve for more than two four-year terms,
except that two of the initial members appointed to the pilot
evaluation committee shall serve terms of two years.
   (f) The pilot evaluation committee shall conduct and supervise the
pilot training programs pursuant to the direction and regulation of
the board and consistent with the intent of this division.
   (g) The board shall issue a certificate of completion to each
pilot trainee who satisfactorily completes the training program.  The
board shall not issue a pilot's license to any person who does not
receive a certificate of completion of the training program from the
board, although the board may refuse to issue a pilot license to a
pilot trainee who has received this certificate.
   (h) The training program for pilots, inland pilots, and pilot
trainees shall be funded from the Board of Pilot Commissioners'
Special Fund pursuant to Section 1159.


1172.  Pilots licensed by the board shall be carefully examined as
to their qualifications.  A license as a pilot shall be granted for a
term of 12 months.  The license shall be renewed annually unless the
board has good cause to withhold renewal pursuant to Article 2
(commencing with Section 1180) of this chapter.



1173.  An application for a pilot's license shall be made in writing
to the board, stating such information as the board by rule and
regulation may require.


1174.  A pilot's license shall be issued in the name of the State of
California and contain a designation of the waters for which it is
intended.  The license shall be signed by the president of the board.



1175.  No person shall be licensed as a pilot unless all of the
following requirements are met:
   (a) The person can meet the qualifications set by the board,
including age limitations, if any.
   (b) The person is of good mental and physical health and good
moral character.
   (c) The person possesses the requisite skill and experience as a
navigator and pilot, together with practical knowledge of the
currents, tide, soundings, bearings, and distances of the several
shoals, and the rocks, bars, points of landings, lights, and fog
signals of, or pertaining to, the navigation of the pilot ground for
which the person applies for a license to act as a pilot.
   (d) The person can satisfy the board that the person has means
available for boarding and leaving vessels which the person may be
called upon to pilot.



1176.  Pilots and inland pilots shall undergo physical examinations
in accordance with standards prescribed by the board in conjunction
with the renewal of their license. The examination shall designate
that each pilot or inland pilot is fit to perform his or her duties
as a pilot.


1177.  (a) All pilots licensed pursuant to this division shall have
and maintain proper federal endorsements allowing them to pilot on
the high seas and on all waters of the Bays of San Francisco, San
Pablo, and Suisun, excluding the San Joaquin River and the Sacramento
deep water ship channel.
   (b) Notwithstanding subdivision (a), all pilots issued original
licenses pursuant to this division after December 31, 1987, shall
have and maintain proper federal endorsements allowing them to pilot
on the high seas and on all waters of the Bays of San Francisco, San
Pablo, and Suisun, including the San Joaquin River and the Sacramento
deep water ship channel.
   (c) All pilots licensed pursuant to this division for Monterey Bay
shall have and maintain proper federal endorsements allowing them to
pilot on the high seas and on all the waters of Monterey Bay.



1178.  Persons applying for an original license shall not receive a
license unless they have proper federal endorsements allowing them to
pilot on the high seas and all the waters of those bays pursuant to
Section 1171.


1179.  Notwithstanding any other provision of this division, any
shipping company which regularly employed its employees, or expressed
its intent to the board to use its employees, for piloting vessels
on the Bays of San Francisco, San Pablo, and Suisun on or before July
1, 1983, may employ and use its employees in that manner in lieu of
pilots provided under this chapter.  However, this use of employees
as pilots on foreign flag vessels shall be limited to five vessel
calls per year for those shipping companies that have only expressed
their intent to use their employees in lieu of pilots.  This
limitation shall not apply to those shipping companies which
regularly employed their employees  for piloting vessels prior to
July 1, 1983.