2006 New York Code - Pilotage On The Hudson River; Rates.

 
    § 89-a. Pilotage  on  the Hudson river; rates. 1. Every foreign vessel
  and every American vessel  under  register,  except  vessels  proceeding
  otherwise  than  by  sea and of less than three hundred gross registered
  tons and having a fully loaded draft of seven feet or less, entering  or
  departing from the Hudson river north of a line running from the foot of
  Main  street,  Yonkers, west to Alpine, New Jersey, or navigating any of
  the waters of the Hudson river north of said line and south of  the  dam
  at  Troy,  New  York, shall take a Hudson river pilot licensed under the
  authority of this article. Whenever the services of  such  a  pilot  are
  refused,  the  master, owners or consignees shall pay pilotage as if one
  had been employed. 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 shall be refused by a vessel
  shall be sued for and recovered in the name of the pilot tendering  such
  service.  Such  pilotage,  when  recovered,  shall  belong to and may be
  retained by such pilot for his own benefit and use.
    2. It shall be unlawful for any person not licensed as a Hudson  river
  pilot  under  this article to pilot or offer to pilot any foreign vessel
  or vessel from a foreign port or  any  vessel  under  register  on  that
  portion of the Hudson river specified in the preceding subdivision.
    3. Violation of subdivision two of this section shall be a misdemeanor
  punishable   by   a  fine  not  exceeding  one  hundred  dollars  or  by
  imprisonment not exceeding sixty days.  Any  person  employing  such  an
  unlicensed  person  to act as pilot shall forfeit and pay the sum of one
  hundred dollars to the board of commissioners of pilots.
    4. (a) Every foreign vessel and every American vessel  under  register
  navigating  the  waters of that portion of the Hudson river specified in
  this section shall be subject to pilotage fees, at the rates hereinafter
  specified in this subdivision:
    (b) From or into the port of New York:
  Yonkers Line
  The following scale of charges shall be applicable:
    (1) All vessels of 100 pilotage units and over shall  pay  $10.82  per
  pilotage  unit for Section 1, Lower River; Yonkers, to all ports through
  Hyde Park.
  The following charges shall be applicable to Section 1, Lower River:
 
  Up to 50 pilotage units  ....................................... $758.36
  More than 50 and up to 100 pilotage units  .................... $1082.00
  All vessels of 100 pilotage units and over shall pay  ........... $15.28
  per pilotage unit for Section 2, Upper  River;  Yonkers,  to  all  ports
  beyond Hyde Park through Albany or Troy.
 
  The following charges shall be applicable to Section 2, Upper River:
  Up to 50 pilotage units  ...................................... $1250.09
  More than 50 and up to 100 pilotage units  .................... $1528.00
  A maximum charge of up to 500 pilotage units shall be applicable.
    (1-a) All vessels shall pay an additional launch fee and communication
  fee. The launch fee shall be set by the board of commissioners of pilots
  to  recoup  the  cost  of  operating a pilot launch and pilot station at
  Yonkers.  The  communication  fee  shall  be  set  by   the   board   of
  commissioners  of  pilots  to  recoup  the  cost  of portable electronic
  communication and navigation equipment carried aboard the vessel by  the
  pilot.
    All vessels transiting Section 2, Upper River; Yonkers, to beyond Hyde
  Park  through  Albany  or  Troy  shall  pay  a mid-river launch fee. The
  mid-river launch fee shall be set  by  the  board  of  commissioners  of
  pilots  to recoup the cost of operating a pilot launch and pilot station
  at Norrie Point.
    The  launch  fee, communication fee, and mid-river launch fee shall be
  reviewed annually by the board of commissioners of pilots  on  or  about
  the anniversary date upon which this section shall have become a law.
    In  the  event  a  vessel  transiting  the  Hudson  River  requires  a
  continuous pilotage of more  than  eight  hours,  two  pilots  shall  be
  assigned  at  the  beginning  of  such transit, and the fee shall be the
  regular pilotage fee plus fifty percent for the second  pilot.  The  fee
  for  the second pilot shall not apply when the first pilot is discharged
  at the mid-river pilot station and relieved at such station by a  second
  pilot.  A second pilot shall not be required when the vessel anchors for
  a minimum of eight hours such  that  the  transit  does  not  require  a
  continuous pilotage of more than eight hours by one pilot.
    (2) "Pilotage units" shall be determined as expressed by the following
  formula:
    Overall  length x extreme breadth x depth to uppermost continuous deck
  divided by 10,000 equals pilotage units.
    (3) In the middle river and upper river as specified herein no foreign
  and no American vessel under  register  shall  be  docked,  undocked  or
  shifted  unless  such  docking,  undocking or shifting is performed by a
  Hudson river pilot duly licensed under this article.
    (c) Definitions: "Overall length" is the distance between the  forward
  and after extremities of the vessel.
    "Extreme  breadth"  is the maximum breadth to the outside of the shell
  plating of the vessel.
    "Depth" is the vertical distance at amidships from the top of the keel
  plate to the uppermost continuous deck fore and aft, and  which  extends
  to  the  sides  of  the  vessel.  The  continuity of a deck shall not be
  considered to be affected by the existence of tonnage  openings,  engine
  space or a step in the deck.
    All measurements shall be in feet and inches (U.S.).
    The  board  of  commissioners of pilots shall be the sole arbiter with
  respect to a question concerning these definitions. The decision by  the
  board shall be final.
    (d)  The  measurement of overall length, extreme breadth and depth, as
  previously defined, shall be made available to the pilot by  the  master
  or his agent for the purpose of computation of pilotage fees.
    Failure  to  provide the measurements so required shall subject vessel
  to the maximum pilotage charge.