Current through Register 1531, September 27, 2024
(1)
Merchant Mariner Credential Validity. In the event any
such Merchant Mariner Credential as required
995
CMR 3.12 becomes invalid or the holder loses
the right to hold said Merchant Mariner Credential, the holder will immediately
inform the Commissioner in writing of such occurrence and will tender to the
Commissioner the holder's Commission, which the Commissioner 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 Commissioner 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 Commissioner,
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 Commissioner 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 Commissioner
and must furnish the Commissioner 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;
8.
identification and description of any aids to navigation relevant to such
incident; and
9. any non-compliant
pilot ladder.
(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 $75,000 in monetary value;
6. any incident which places a Pilot in
danger; or
7. 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) Any Pilot
who has a reasonable belief that an unusual incident has occurred and that such
unusual incident has not been reported to the Commissioner shall determine from
the Commissioner 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 Commissioner regarding any suspected violation by Pilots or others of
the statutes or rules or regulations governing Pilots and pilotage in District
Two. 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
3.00, the Commissioner shall review the report or
complaint and determine if further investigation or proceedings are appropriate
or required.
(c) The Commissioner
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 "Eastern Point Pilots". The "Eastern Point Pilots" shall
furnish to the Commissioner, and shall keep current with the Commissioner, 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
3.00, except a Report required by
995
CMR 3.22(1), to be filed
with the Commissioner 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 Commissioner 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 Commissioner
as required by
995 CMR
3.00 may be suspended from duty by the Commissioner
until said Pilot makes such report or satisfactorily furnishes to the
Commissioner valid and persuasive reasons why such report should not be
required.
