Current through Register 1531, September 27, 2024
(1)
Merchant Mariner Credential Validity. In the event any
such Merchant Mariner Credential as required
995 CMR
2.12 becomes invalid or the holder loses the
right to hold said Merchant Mariner Credential, the holder will immediately
inform the Commissioners in writing of such occurrence and will tender to the
Commissioners the holder's Commission, which the Commissioners will retain
until the holder obtains all required valid licenses. If the period of the
Pilot's suspended license exceeds one year, recency trips and/or renewal
examination may be required by the Commissioner.
(2)
Driver's License
Validity. In the event the holder loses the right to hold a
Driver's License issued by any state or territory, the holder will immediately
inform the Commissioners in writing of such event.
(3)
Medical Examination
Reports. Each individual holding a Commission must provide the
Medical Practitioner signature page (page 9) of CG-719K to the Commissioners,
including each time it is updated and submitted anew to the U.S. Coast Guard,
and U.S. Coast Guard issued Medical Certificate (CG-4610A).
(4)
Transportation Worker's
Identification Credential (TWIC). In the event the holder TWIC
becomes invalid the holder will immediately inform the Commissioners in writing
of such event.
(5)
Unusual Incident Reports.
(a) If any unusual incident occurs on a
vessel while a Pilot is engaged in the provision of Pilotage services on said
vessel, the Pilot must immediately file a written report with the Commissioners
and must furnish the Commissioners with copies of any other reports required by
any government agency to be completed and filed by the Pilot.
(b) The report must include, but is not be
limited to:
1. date and time of
incident;
2. geographic location,
including bearing and distances from known objects;
3. detailed narrative description of
incident;
4. cause of incident if
determined at time of the report;
5. names and addresses of all persons known
to have witnessed incident;
6.
description of injuries suffered or damages resulting from incident; if
known
7. weather prevailing at time
and place of incident; and
8.
identification and description of any aids to navigation relevant to such
incident; and
9. any noncompliant
pilot ladder; and
10. any incident
which places a Pilot in danger.
(c) An "unusual incident" is defined as:
1. accidental or intentional
grounding;
2. collision or allision
with any vessel or object;
3.
incident resulting in loss of life or serious personal injury and relating to
operation of a vessel;
4. incident
resulting in serious damage to property and relating to operation of a
vessel;
5. incident resulting in
serious damages to a vessel, or damage caused by a vessel or crew, which may
reasonably be expected to be in excess of $200,000 in monetary value;
or
6. any incident which causes
environmental damage or may reasonably be thought to pose an environmental
hazard or any threat of pollution or any actual pollution.
(d) A "serious incident" is defined by
995 CMR
2.02.
(e) Any Pilot who has a reasonable belief
that an unusual incident has occurred and that such unusual incident has not
been reported to the Commissioners shall determine from the Commissioners if a
report has been made. If a report has not been made, the Pilot shall make a
written report of the Pilots knowledge of the unusual
incident.
(6)
Reports of Complaints.
(a) Any person may file a report or complaint
with the Commissioners regarding any suspected violation by Pilots or others of
the statutes or rules or regulations governing Pilots and pilotage in District
One. All such reports and complaints shall be in writing or, if oral, confirmed
in writing.
(b) Upon receipt of
each report or complaint filed pursuant to
995
CMR 2.00, the Commissioners shall review the report or
complaint and determine if further investigation or proceedings are appropriate
or required.
(c) The Commissioners
may conduct any investigation they deem reasonable and relevant to any matter
within their jurisdiction and may retain such assistance and expend such funds
as they believe appropriate for such investigation.
(7)
Reports and Notifications
from "Boston Pilots". The "Boston Pilots" shall furnish to the
Commissioners, and shall keep current with the Commissioners, the following
documents:
(a) A list of the full names,
residence addressees, business addresses, and personal and business telephone
numbers for all Pilots;
(b) Copies
of any Articles of Organization, Trustee documents, By-laws and similar
documents recording the purposes, organization and operation of any trust,
corporation, partnership or other form of organization formed for the purpose
of performing or assisting in performing pilotage services; and
(c) On an as-required basis, copies of any
duty rosters and vacation schedules and medical leave rosters.
(8)
Reporting
Standards.
(a) Any report
required by
995
CMR 2.00, except a Report required by
995 CMR
2.22(1), to be filed with
the Commissioners shall be completed and filed within five business days of the
occurrence of the relevant extent or the discovery of the relevant information.
However, the Commissioners may require that any such report be filed within 24
hours, or that a prompt oral report be made to them, in respect to any unusual
occurrence.
(b) Any Pilot who
fails, neglects or refuses to make such reports to the Commissioners as
required by
995
CMR 2.00 may be suspended from duty by the
Commissioners until said Pilot makes such report or satisfactorily furnishes to
the Commissioners valid and persuasive reasons why such report should not be
required.
