Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a)
This section applies only to persons not previously licensed by the Board or
otherwise exempt from such program by the Code.
(b) It is Board policy, through an effective
selection process, to provide opportunity for progressive development and
advancement of qualified maritime personnel to State licensed pilots in
accordance with statutory requirements.
(c) State licensed pilots hold key positions
in the safe passage of shipborne commerce in the waters under the Board's
jurisdiction. They must exemplify the highest standards of leadership,
professionalism and personal integrity. Mariners selected for the training
program must demonstrate that they are fully capable of meeting demands of
accountability and responsibility associated with such positions. The vital
role of appropriately trained pilots in safety of navigation upon these waters
cannot be overemphasized.
(d) The
Board in selecting applicants to participate in the Pilot Trainee Training
Program adheres to equal opportunity precepts. All applicants meeting minimum
eligibility requirements as provided herein shall receive consideration without
regard to age, sex, race, religion, national origin, lawful political
affiliation, physical handicap (within the limitations set by the Merchant
Mariner Medical Manual, marital status, membership or non-membership in any
employee organization, or any other personal condition unrelated to the
applicant's basic ability to perform satisfactorily as a pilot trainee and as a
pilot.
(e) To meet minimum
eligibility requirements, each applicant must:
(1) Possess a current, valid federal license,
with an unlimited radar endorsement, either as master of vessels of not more
than 1600 gross tons or as master of vessels of any gross tons;
(2) Be of good mental and physical health and
of good moral character;
(3)
Provide documentation, consisting of either (1) certificates of discharge or
(2) declarations complying with Code of Civil Procedure section
2015.5
by both the applicant and the person verifying the experience, that
demonstrates performance as master for:
(A)
one year in command of a self-propelled vessel in navigation of not less than
1600 gross tons; or
(B) two years
sailing in the capacity of Chief Mate of a self-propelled vessel in navigation
of not less than 1600 gross tons and holds a master's license of any gross
tons; or
(C) one year as a
full-time commercial pilot, not a member of the crew, directing and controlling
the movement of vessels of not less than 1600 gross tons in waters in which a
pilot is required by state, federal or foreign law, and holds, at a minimum, a
valid federal license, with an unlimited radar endorsement, as master of
vessels of not more than 1600 gross tons; or
(D) two years in command of either (1) a
towing vessel of not less than 50 gross tons engaged in ship assist or in bay
or ocean towing, or (2) a towing vessel of less than 50 gross tons in which the
combined gross tonnage of the towing vessel and the vessel(s) towed is not less
than 1600 gross tons.
(4)
Demonstrate recency of experience as follows:
(A) For experience under subsection (3)(A),
the year of command experience must have been within the four years immediately
preceding the application cut-off date, and six months of the command
experience must have been within the two years immediately preceding the
application cut-off date.
(B) For
experience under subsection (3)(B), the two years of Chief Mate experience must
have been within the five years immediately preceding the application cut-off
date, and one year of the Chief Mate experience must have been within the three
years immediately preceding the application cut-off date.
(C) The recency requirements of subsections
(4)(A) and (4)(B) above may be met by equivalent periods of service as a
commercial pilot, not a member of the crew, directing and controlling the
movement of vessels of not less than 1600 gross tons, or a combination of such
command and piloting (non-concurrent) experience.
(D) For experience under subsection (3)(C),
the year of serving as a full-time commercial pilot, must have been within the
four years immediately preceding the application cut-off date, and six months
of the experience must have been within the two years immediately preceding the
application cut-off date.
(E) For
experience under subsection (3)(D), the two years of command experience must
have been within the five years immediately preceding the application cut-off
date, and one year of the command experience must have been within three years
immediately preceding the application cut-off date.
(5) Be able to communicate in concise and
clear language using proper terminology for bridge team, bridge-to-bridge and
bridge-to-shore communications in English.
(6) Not have had prior felony or drug
convictions or be currently in violation of a court order to provide child or
spousal support.
(7) Pay to the
Board on submission of an application for admission to the Pilot Trainee
Training Program an examination fee of $1,000 for participation in the written
examination and bridge simulator exercise provided for in this section. The
Board shall refund the entire fee to the applicant if the applicant does not
take the written examination. If the applicant takes the written examination
but does not participate in the simulator exercise, the Board shall refund $500
of the examination fee to the applicant.
(f) The applications of all applicants
meeting the minimum eligibility requirements in subsection (e) will be reviewed
to assess experience points on the following schedule. In documenting their
experience, applicants shall submit either (1) certificates of discharge or (2)
declarations complying with Code of Civil Procedure section
2015.5
by both the applicant and the person verifying the experience. Experience used
to meet the minimum eligibility requirements of subsection (e)(3) will not be
accepted in assessing experience points under this subsection.
(1) Tug Experience (not to exceed a maximum
of 35 points):
(A) While holding, at minimum,
a current, valid federal license as master of vessels of not more than 1600
gross tons, 1 year's offshore experience as master of a towing vessel in which
the combined gross tonnage of the towing vessel and the vessel(s) towed is not
less than 1600 gross tons, not combined with any other experience. 5
pts
(B) While holding, at minimum,
a current, valid federal license as master of vessels of not more than 1600
gross tons, 1 to 3 years as master. 10 pts
(C) While holding, at minimum, a current,
valid federal license as master of vessels of not more than 1600 gross tons,
over 3 years as master. 5 pts
(D)
While holding, at minimum, a current, valid federal license as master of
vessels of not more than 1600 gross tons, serving as pilot on own vessels of
not less than 1600 gross tons combined tug and tow for a minimum of 25 moves in
pilotage waters for which the applicant held, while piloting, a current pilot
endorsement. Moves performed as master of a tug engaged in assist and/or escort
duty do not qualify for points under this subsection. "Own vessels" means
vessels for which the applicant was the master. 15 pts
(2) Deep Draft Experience (not to exceed a
maximum of 35 points):
(A) 1 year as master or
Chief Mate of self-propelled vessels of not less than 10,000 gross tons, not
combined with any other experience. 5 pts
(B) 0.5 years as master of self-propelled
vessels of not less than 1600 gross tons. 5 pts
(C) 1 to 4 years as master or Chief Mate of
self-propelled vessels of not less than 1600 gross tons. 10 pts
(D) Over 4 years as master or Chief Mate of
self-propelled vessels of not less than 1600 gross tons. 5 pts
(E) Serving as a pilot on own vessels of not
less than 1600 gross tons for a minimum of 25 moves in pilotage waters for
which the applicant held, while piloting, a current pilot endorsement. "Own
vessels" means vessels for which the applicant was the master. 10
pts
(3) Piloting
Experience (not to exceed a maximum of 20 points):
(A) 1 to 2 years serving as a full-time
commercial pilot, not a member of the crew, directing and controlling the
movement of vessels of not less than 1600 gross tons in waters in which a pilot
is required by state, federal or foreign law. 10 pts
(B) Over 2.5 years serving as a full-time
commercial pilot, not a member of the crew, directing and controlling the
movement of vessels of not less than 1600 gross tons in waters in which a pilot
is required by state, federal, or foreign law. 10
pts
(g) For
purposes of meeting the minimum eligibility requirements of subsection (e)
herein and the assessment of experience points in subsection (f) herein, a
"year" means a minimum of 360 days performing the duties of master, chief mate,
or pilot, and gross tons means gross registered tons (GRT) as used under the
Regulatory Measurement System (USC Title 46: Shipping, March 31, 2016, Subpart
A, section 69.9, and hereby incorporated by
reference). Gross tons ITC (GT), as used under the Convention Measurement
System (USC Title 46: Shipping, March 31, 2016, Subpart A, section
69.9, and hereby incorporated by
reference) will be evaluated using the United States Coast Guard CG-543 Policy
Letter, No. 11-12, September 27, 2011, wherein service on vessels of less than
3000 GT will be considered equivalent to service on vessels less than 1600
GRT.
(h) All applicants meeting the
minimum eligibility requirements in subsection (e) above will be permitted to
take a written examination developed and administered by the Board with the
assistance of one or more contractors with psychometric qualifications
equivalent to the State of California's Test Validation and Development
Specialist personnel classification, and who shall utilize a
criterion-referenced methodology to establish a passing score for that
examination. The passing score reflects the lowest score that a candidate could
obtain and meet minimum competence standards. An applicant must achieve a
passing score on the written examination in order to be eligible to proceed
further in the selection process.
(i) Applicants must be selected for and pass
a bridge simulator exercise which tests skills required for ship navigation in
piloting waters that cannot be adequately tested in a written examination
alone. These include the applicant's ability to assimilate and assess a variety
of information in a bridge environment, to plan and execute timely, appropriate
responses in both routine and emergency situations, and to communicate
effectively both with those on the bridge and those outside the ship. Local
knowledge is not required and will not be tested.
(1) The applicant's performance in the bridge
simulator exercise will be evaluated by three evaluators selected by the Board:
one from the Board's Pilot Evaluation Committee, one who is a state licensed
pilot from another jurisdiction and one who is an industry representative with
current or prior command on deep draft vessels. The evaluators will be trained
with the assistance of one or more psychometricians meeting the qualifications
set forth in subsection (h).
(2)
The following seven elements will be evaluated during the bridge simulator
exercise:
(A) Situational awareness
Assesses the applicant's appreciation of the situation the
vessel is in at all times during the exercise, including relative motion,
traffic, aids to navigation, effect of wind, current and other forces on the
vessel, and ability to accurately filter and prioritize available
information.
(B) Appropriate
response
Assesses the applicant's response in routine transit
including timeliness and appropriateness of rudder commands, engine orders and
other orders to the bridge team.
(C) Ability to respond correctly under stress
Separately assesses the applicant's ability to respond under
emergency or non-routine situations of increased stress.
(D) Communication and bridge presence
Assesses the applicant's ability to use concise, clear and
pertinent communications using proper terminology in communicating with the
bridge and evaluation teams and on the radio, and assesses the applicant's
professional composure, demeanor and ability to communicate warranted
self-confidence which inspires confidence in the rest of the bridge team that
the vessel's navigation is in good hands.
(E) Fundamental shiphandling
Assesses the applicant's knowledge of proper and timely use
of engine and rudder commands and understanding of the ship's response to those
commands.
(F) Bridge
resource management
Assesses the applicant's proper use of all personnel and
equipment resources available during the exercise.
(G) Rules of the road
Assesses the applicant's proper application of the
navigational rules of the road to the situations
presented.
(3) The
exercise will be videotaped and recorded with sufficient detail to allow for
meaningful review.
(4) An applicant
must achieve a passing score on the bridge simulator exercise in order to be
eligible to proceed further in the selection process. The passing score will be
established with the assistance of one or more psychometricians meeting the
qualifications in subsection (h), and who shall utilize a criterion-referenced
methodology to establish a passing score for that examination. The passing
score reflects the lowest score that a candidate could obtain and meet minimum
competence standards. An applicant must achieve a passing score on both the
written examination and simulator examination in order to be eligible to
proceed further in the selection process.
(j) All applicants achieving a passing score
in both the written examination and the simulator examination will be permitted
to participate in an interview process developed and administered by the board
with the assistance of one or more contractors with psychometric qualifications
equivalent to the State of California's Staff Personnel Program Analyst
classification, and who will be using Subject Matter Experts (SMEs) to develop
benchmark scoring criteria and pass points for each interview question
individually. Where appropriate, they will also develop expected responses
based on the expertise of the SMEs involved. An overall score for the interview
will be established by adding the points earned by each candidate for each
individual interview question to get a cumulative interview score for each
candidate. This interview score will be used in conjunction with the scores
from all the other components to establish the final ranking of candidates on
the eligibility list. The interview will be conducted by a panel comprised of
one public board member, one industry board member, one pilot board member, and
a representative of the California Department of Human Resources.
(k) Final selection for entry into the
training program shall be based on the combined scores from the applicant's
experience points, written examination, bridge simulator exercise, and
interview, with each given equal weight, in accordance with the following
procedures:
(1) All applicants achieving
passing scores on both the written examination and the bridge simulator
exercise shall be placed on an eligibility list in order of their combined
scores resulting from the applicant's experience points, the written
examination, bridge simulator exercise, and the interview, highest score
first.
(2) The eligibility list may
be used by the Board to fill openings in the training program for up to three
years from the date the list is accepted by the Board.
(3) Applicants on the eligibility list must
maintain all minimum eligibility requirements set forth in subsection (e),
including recency of experience, through the date of the applicant's acceptance
of an opening in the training program, and must keep Board staff informed of
the most expeditious means of being contacted in the event of an opening in the
training program.
(4) Openings in
the training program shall be offered to applicants in their order on the
eligibility list. An applicant shall have five (5) business days (weekends and
state holidays excluded) from the date of notification in which to inform the
Board of his or her continued eligibility and agreement to commence the
contracting process.
(5) An
applicant accepting entry into the training program shall submit to the Board
written confirmation of acceptance and verified documentation of continued
eligibility as soon as practicable and shall execute all necessary contracting
documents within five (5) business days from the date of notification that the
documents are available for execution.
(6) Failure to accept the offer of an opening
in the training program or to execute the contracting documents within the
periods set forth in this subsection shall result in the applicant's name being
placed at the bottom of the current eligibility list and the opening shall be
offered to the next applicant on the list. The provisions of this subsection
effecting an applicant's position on the eligibility list shall not apply if
the applicant's failure to timely accept the offer or to timely execute the
contracting documents was caused by the applicant's call to active duty in the
Armed Forces of the United States.
(7) At the time that an applicant is informed
of an opening in the training program, he or she shall be informed:
(A) of the effect of the failure to
communicate acceptance in accordance with this subsection;
(B) of the effect of the failure to timely
execute contracting documents;
(C)
that there are no guarantees of further openings in the training program prior
to the expiration of the current eligibility list; and
(D) that there are no guarantees that the
applicant will achieve the same position on any future eligibility
list.
(8) An applicant on
the eligibility list may request removal of his or her name from the list at
any time.
(l) The
Executive Director will review or cause to be reviewed all applications to
determine that the applicant meets the minimum eligibility requirements and to
assess experience points. Each applicant will be informed of the results of
that review.
(m) The Executive
Director is authorized to reject, without further Board action:
(1) incomplete applications, including all
applications which do not include verified documentation that establishes that
the applicant has met the minimum eligibility requirements;
(2) applications which the Executive Director
determines contain inaccurate or misrepresented information affecting the
applicant's eligibility or experience unless the applicant can establish to the
satisfaction of the Executive Director that the inaccuracy or misrepresentation
was accidental or the result of excusable neglect, and that, as corrected, the
applicant continues to meet the minimum eligibility
requirements.
(n) A
Selection Appeal Committee shall be appointed for each pilot trainee selection
and shall be made up of three Board members. The committee shall be made up of
one industry, one pilot and one public member. If no members from a particular
category are available to act on an appeal, then the committee shall be made up
from the remaining categories.
(1) Applicants
whose applications have been rejected or who seek Board review of any other
issue raised by the selection process shall submit their appeal to the
Executive Director in writing, stating the basis for the appeal, supported by
all written documents necessary to decide the appeal.
(2) Appeals shall be submitted no later than
30 days following the action being appealed. Notwithstanding the above, appeals
of actions which preclude the applicant from taking the written test must be
received no later than 15 days before the written test; appeals relating to the
written test shall be submitted before the applicant leaves the testing
facility.
(3) Upon receipt of an
appeal, the Executive Director shall promptly forward one copy to each
Selection Appeal Committee member, along with such additional documents as the
Executive Director deems relevant and his or her comments responding to the
issues raised on appeal.
(4) The
Selection Appeal Committee shall meet expeditiously at the date, time and place
determined by the chair in conformance with applicable open meeting act laws in
order to consider and decide the appeal. The committee may request such
additional information or documents as it deems pertinent; however, oral
testimony or arguments will ordinarily not be accepted.
(5) Applicants who have submitted an appeal
shall keep Board staff informed of the most expeditious means of being
contacted during the pendency of the appeal.
(6) Upon deciding the appeal, the Selection
Appeal Committee shall issue a written decision, which shall constitute the
decision of the Board and shall be final. A copy of the decision shall be
provided to the applicant.
(7) If
the Selection Appeal Committee finds the appeal has merit, it may order such
relief as is authorized under this section.
(o) An applicant's family relationship by
blood or marriage to a current or former pilot shall not be considered for any
purpose in the selection of pilot trainees.
(p) Anyone participating in the selection
process, including without limitation, those involved in evaluating an
applicant's experience points, written examination or bridge simulator
exercise, and members of the Selection Appeal Committee or the Board shall
disqualify himself or herself and withdraw from participation in the selection
process if he or she is related by blood or marriage to any applicant under
consideration or, for any reason, cannot be fair and impartial in the selection
process, or shall disclose such relationship to the Board. Insofar as
applicable, the provisions of California Government Code Section
11512(c)
regarding disqualification of an agency member from administrative hearings
shall guide the Board in determining whether a selection process participant or
prospective participant who does not voluntarily disqualify himself or herself
should be disqualified from participating in the selection process.
(q) All documents and records pertaining to
an application shall be retained for at least five years.
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. Renumbering of former section
213 to section
216, renumbering and amendment of
former section
211 to section
213, and amendment and relocation
of article 4 heading filed 8-12-93; operative 9-13-93 (Register 93, No.
33).
3. Repealer of subsections (b)-(d) and new subsections (b)-(s)
filed 1-26-96; operative 2-25-96 (Register 96, No. 4).
4. Repealer
of former subsections (e)-(s) and new subsections (e)-(p) filed 8-12-99;
operative 9-11-99 (Register 99, No. 33).
5. Amendment filed
6-3-2003; operative 7-3-2003 (Register 2003, No. 23).
6. Amendment
of subsection (i) and new subsections (i)(1)-(8) filed 7-23-2003; operative
8-22-2003 (Register 2003, No. 30).
7. Amendment filed 12-6-2004;
operative 1-5-2005 (Register 2004, No. 50).
8. Amendment of section
and NOTE filed 2-27-2014; operative 2-27-2014 pursuant to Government Code
section
11343.4(b)(3)
(Register 2014, No. 9).
9. Amendment of section and NOTE filed
10-6-2016; operative 1-1-2017 (Register 2016, No. 41).
10. Amendment
of subsection (d), new subsections (e)(3)(B)-(C), subsection relettering,
amendment of newly designated subsection (e)(3)(D) and subsection (e)(4)(B),
new subsections (e)(4)(D)-(E), amendment of subsections (f)(2)(A),
(f)(2)(C)-(D), (g) and (i)(4), new subsection (j), subsection relettering and
amendment of newly designated subsections (k)-(k)(1) filed 3-14-2022; operative
3-14-2022 pursuant to Government Code section
11343.3(b)(3)
(Register 2022, No. 11).
11. Change without regulatory effect
amending NOTE filed 4-26-2022 pursuant to section
100, title 1, California Code of
Regulations (Register 2022, No. 17).
Note: Authority cited: Sections
1154
and
1171.6,
Harbors and Navigation Code. Reference: Sections
1101,
1171,
1171.5,
1171.6,
1175,
1176,
1177
and
1178,
Harbors and Navigation Code.
