California Code of Regulations
Title 7 - Harbors and Navigation
Division 2 - State Board of Pilot Commissioners for the Bays of San Francisco, San Pablo and Suisun
Article 1 - Definitions
Section 202 - Other Definitions
Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a) "719K form" means the Application for Medical Certificate, Form CG-719K (04/17), which is hereby incorporated by reference, issued by the U.S. Department of Homeland Security, U.S. Coast Guard.
(b) "Bays of San Francisco, San Pablo, and Suisun" means all the waters of those bays and of the tributaries, ports and harbors of those bays, and includes the water areas from the south end of San Francisco Bay and from the Ports of Sacramento and Stockton to the Golden Gate Bridge.
(c) "Board-appointed physician" means a physician who has been appointed by the Board as either an examining physician or a Medical Review Officer.
(d) "Certificate of completion" means the certificate given by the Board to a pilot trainee notifying the trainee that he or she has successfully completed the training program.
(e) "Chemical test" means a scientifically recognized test which analyzes an individual's breath, blood, urine, saliva, bodily fluids, or tissues for evidence of dangerous drug or alcohol use.
(f) "Conflict of interest code" means those provisions in Section 222 which define conflicts of interest for licensees of the Board.
(g) "Conflict of interest code of the Board" means those provisions in Section 212.5 which define conflicts of interest for designated employees of the Board.
(h) "Dangerous drug" means a narcotic drug, a controlled substance, marihuana, or a controlled-substance analogue (as defined in Section 102 of the federal Comprehensive Drug Abuse and Control Act of 1970 (Title 21, U.S. Code, Section 802)).
(i) "Examining physician" means a physician who meets the eligibility requirements of Section 217.45(b) and has been appointed by the Board to perform the duties of an examining physician that are set forth in these regulations.
(j) "Executive Director" means the individual appointed by the Board pursuant to Section 211.
(k) "Fails a chemical test for dangerous drugs" means that the result of a chemical test conducted in accordance with Title 49, Code of Federal Regulations, Part 40 is verified as "positive" for the presence of dangerous drugs or drug metabolites in an individual's system and reported in accordance with that part.
(l) "Fitness evaluation" means an evaluation by Board-appointed physicians to determine whether pilot trainees and pilots are mentally and physically fit to perform their duties. A fitness evaluation may but does not necessarily include the "medical assessment" described in Section 217.15.
(m) "Investigator" means a person employed by or under contract with the Board and assigned to investigate a navigational incident involving a vessel piloted by a pilot licensed by the Board, or any other matter for which a pilot's license may be revoked or suspended pursuant to these regulations, including a possible conflict of interest as set forth in Section 222, or to investigate reports of suspected pilot ladder or pilot hoist safety violations.
(n) "Medical assessment" means the comprehensive physical and medical evaluation process described in Section 217.15.
(o) "Medical Review Officer" means a physician who meets the eligibility requirements of Section 217.45(c) and has been appointed by the Board to perform the duties of a Medical Review Officer that are set forth in these regulations.
(p) "Merchant Mariner Medical Manual" means CIM 16721.48 Merchant Mariner Medical Manual (08/19), issued by the U.S. Coast Guard, herein incorporated by reference.
(q) "Monterey Bay" means all the waters of that bay and of the tributaries, ports and harbors of that bay.
(r) "Pilot" means an individual licensed as a pilot by the Board.
(s) "Pilot Evaluation Committee" means the committee appointed by the Board pursuant to Section 209.
(t) "Pilot trainee" or "trainee" means a person who is training as a pilot in the pilot trainee training program established by the Board.
(u) "Pilotage grounds" means all waters extending eastward from the precautionary area surrounding buoy SF to, and including, the Bays of San Francisco, San Pablo and Suisun, and also includes the waters of Monterey Bay, eastward of a straight line drawn between Point Santa Cruz Light and Point Pinos Light.
(v) "Portable Pilot Unit" means a portable, computer-based system that a pilot brings on board a vessel to use as a decision/support tool for navigating in confined waters.
(w) "Port Agent" means the individual identified in Section 218.
(x) "Serious Marine Incident" means an event or events that meet the definition of "Serious Marine Incident" under Title 46, Code of Federal Regulations, Section 4.03-2.
(y) "Training program" or "Program" means the standards and procedures for training pilots and pilot trainees adopted by the Board as contained in Sections 214 and 215.
1. Repealer
and new section filed 5-9-88; operative 6-8-88 (Register 88, No. 20). For prior
history, see Register 83, No. 1.
2. Amendment filed 8-12-93;
operative 9-13-93 (Register 93, No. 33).
3. New subsection (l),
subsection redesignation, and amendment of NOTE filed 6-16-94; operative
7-18-94 (Register 94, No. 24).
4. New subsections (d), (f), (h) and
(k), subsection relettering, and amendment of NOTE filed 4-20-98; operative
5-20-98 (Register 98, No. 17).
5. Amendment of subsection (j) and
amendment of NOTE filed 8-10-99; operative 9-9-99 (Register 99, No.
33).
6. Amendment of section and NOTE filed 6-3-2003; operative
7-3-2003 (Register 2003, No. 23).
7. Change without regulatory
effect repealing subsection (a) and relettering subsections filed 6-21-2010
pursuant to section
100, title 1, California Code of
Regulations (Register 2010, No. 26).
8. New subsection (q) and
subsection relettering filed 11-9-2010; operative 12-9-2010 (Register 2010, No.
46).
9. New subsections (a), (c), (i), (m) and (p), subsection
relettering, amendment of newly designated subsections (b), (h), (k), (l), (n),
(q) and (x) and amendment of NOTE filed 1-24-2014; operative 4-1-2014 (Register
2014, No. 4).
10. Amendment of subsection (a), repealer of
subsection (p), new subsections (l) and (p) and subsection relettering filed
7-29-2021; operative 10-1-2021 (Register 2021, No. 31). Filing deadline
specified in Government Code section
11349.3(a)
extended 60 calendar days pursuant to Executive Order N-40-20.
11.
Amendment of subsection (p) filed 3-14-2022; operative 3-14-2022 pursuant to
Government Code section
11343.3(b)(3)
(Register 2022, No. 11).
Note: Authority cited: Section 1154, Harbors and Navigation Code. Reference: Sections 1101(e), 1101(h), 1110, 1113, 1114, 1114.5, 1154, 1156, 1156.5, 1156.6, 1170.3, 1171.5, 1176, 1176.5, 1180, 1180.3 and 1181, Harbors and Navigation Code; Title 21, U.S. Code, Section 802; Title 46, Code of Federal Regulations, Sections 4.03-2, 97.90-1 and 108.719, subparts 163.002 and 163.003, and Part 16; and Title 49, Code of Federal Regulations, Part 40.
