Compilation of Rules and Regulations of the State of Georgia
Department 494 - BOARD OF PILOTAGE COMMISSIONERS
Chapter 494-1 - SAINT SIMONS AND SAINT ANDREWS BARS
Subject 494-1-1 - RULES FOR THE GOVERNMENT OF BAR AND HARBOR PILOTAGE
Rule 494-1-1-.32 - Rules for Ordering and Receiving State Pilots Onboard a Vessel in the Port of Brunswick

Current through Rules and Regulations filed through September 23, 2024

(1) Any State Pilot at Brunswick who is ordered and received onboard a vessel pursuant to Section 52-6-45 of the Georgia Code and who is subject to the jurisdiction of the Commissioners is obligated to deviate speed for the reasons contained in 50 CFR 224.105(c), and take all such other actions deemed necessary and appropriate, during any period of time where vessel safety is perceived by the Pilot to be at risk or such action is deemed necessary by the State Pilot to prevent such risk.

(2) The master or licensed operator of a vessel calling at or departing the Port of Brunswick and who is subject to the jurisdiction of the Commissioners shall cooperate with lawful deviations made pursuant to subpart 494-1-1-.32(1) ordered by the State Pilot, as described herein.

(a) A master or licensed operator of such vessel shall be required to sign an agreement confirming the master's or licensed operator's understanding and agreement that the State Pilot has the authority, responsibility, and sole discretion to deviate speed, when in the interest of safety, pursuant to subpart 494-1-1-.32(1) and 50 CFR 224.105(c). This agreement shall further provide that, unless the master or licensed operator formally relieves the State Pilot in accordance with subpart 494-1-1-.24(10), it shall be presumed the master or licensed operator concurs with the decision to deviate in accordance with subpart 494-1-1-.32(1) and 50 CFR 224.105(c), or as amended.

(b) Any master or licensed operator of any such vessel who refuses to enter into such agreement and abide by its terms shall be subject to pay one-half of the pilotage charges and fees in accordance with subpart 494-1-1-.19, and subject to other penalties provided for in subpart 494-1-1-.32(6).

(3) In the event that the master or licensed operator relieves the State Pilot in accordance with subpart 494-1-1.-32(2)(a), the State Pilot shall immediately broadcast a SECURITE' voice message on VHF FM Channels 13 and 16 stating the information required under subpart 494-1-1-.24(10)(b).

(4) The act of ordering and receiving a State Pilot at Brunswick on board a vessel shall be considered by the Commissioners implied consent for the State Pilot to exercise sole discretion and responsibility with respect to deviations made pursuant to section 494-1-1-.32(1) and 50 CFR 224.105(c), or as amended.

(5) Every State Pilot at Brunswick is hereby authorized to establish the deviation speed for vessels at Brunswick that are subject to the jurisdiction of the Commissioners, including vessels equipped with Engine Power Limitation (EPL) devices. Every such vessel equipped with an EPL is required by this subpart to have an easily accessible system override in order to attain a safe speed in accordance with the State Pilots' judgment, as needed. The master or licensed operator of such vessel must fully disclose the existence of an EPL, and its manner of use, during the master-pilot exchange.

(6) Any vessel, master, licensed operator, or other party that fails to comply with this section 494-1-1-.32(1)-(2), shall be considered to be in violation of Section 52-6-45 of the Georgia Code and may be subject to penalties in Section 52-6-49 of the Georgia Code.

O.C.G.A. § 52-6-11.

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