Code of Massachusetts Regulations
995 CMR - PILOT COMMISSIONERS: DISTRICT ONE
Title 995 CMR 4.00 - Pilots And Pilotage In District Three Massachusetts
Section 4.19 - Pilot Organization

Universal Citation: 995 MA Code of Regs 995.4

Current through Register 1531, September 27, 2024

(1) The Warrant and Full Branch Pilots within District Three shall be and remain members in good standing of Northeast Marine Pilots as a condition of performing pilotage services.

(2) Northeast Marine Pilots shall provide:

(a) Pilot boat services for pilots affiliated with that organization; and

(b) A pilot dispatch office at all times, manned by a pilot dispatcher always available by telephone and/or radio electronic means to dispatch lawfully qualified pilots to serve vessels preparing movement through the waters of District Three.

(3) All pilotage services in District Three that is compulsory under M.G.L. c. 103 shall be dispatched through the Pilot Dispatch Office of Northeast Marine Pilots, including as to any commissioned pilots having no business affiliation with Northeast Marine Pilots. No commissioned pilot may undertake or perform any compulsory pilotage service other than in conformity with the dispatch procedures provided in 995 CMR 4.00.

(4) The Pilot Dispatch Office shall apportion compulsory state pilotage work among pilots, regardless of the business affiliation or any commissioned pilot, as specified in 995 CMR 4.00. All commissioned Full Branch Pilots, Warrant Pilots, and Transit Pilots shall be enrolled in a single common rotation maintained by the Pilot Dispatch Office. Upon receipt of an order for a pilotage service, such service request shall be assigned to the pilot whose name stands closest to the top of such list (or roster), and whom is legally permitted to serve as pilot upon such vessel pending assignment. Upon being assigned a vessel for pilotage service, the pilot so assigned shall have his or her name moved to the bottom of the list (or roster). A pilot who is closest to the top of the list that was unable to legally perform such pilotage service shall remain at the top of the list (or roster). Each dispatched pilotage service shall be recorded in a form that can be made visible to participating pilots via the internet by use of computer technology, and shall reflect the status of the roster at the time of dispatch, and the actions taken in dispatching the pilotage service.

(5) Persons requesting pilotage services for a vessel intending movements within District Three must place such order with the Pilot Dispatch Office not less than 24-hours in advance of estimated time of arrival of such vessel at the pilot boarding area.

(6) Each Commissioner Full Branch, Warrant and Transit Pilot shall remain in reasonable contact with the Pilot Dispatch Office to ensure that pilotage services will at all times be available and that vessels will not suffer unreasonable delays because of the lack or unavailability of pilots.

(7) Any Pilot having accepted a pilotage service assignment shall ascertain the time of such vessel's arrival or sailing time and said Pilot shall report at that place and time designated not less than one-hour before said time. Pilots on call must be ready, available and sufficiently rested, physically and mentally fit to perform pilotage services at all times.

(8) Northeast Marine Pilots, and any other organization authorized by a Commissioned Pilot to collect any fee on his or her behalf shall furnish and keep current with the Commissioner;

(a) A list of the full names, residential addresses, business addresses, and personal and business telephone numbers for all Commissioned pilots who have authorized the organization to collect fees attributable to that pilot's pilotage services;

(b) Copies of all the Articles of Organization; and

(c) When requested by the Commissioner, copies of any duty rosters and vacation schedules and medical leave rosters.

(9) Any Commissioned state pilot who is unable to accept pilotage assignments due to illness or reasonable personal issues shall notify the Pilot Dispatch Office as soon as possible.

(10) Existing Commissioned Transit Pilots who are not associated with Northeast Marine Pilots may continue to operate independently from Northeast Marine Pilots, except for the obligation to participate in the rotations system and dispatch services operated by Northeast Marine Pilots.

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