Current through Register No. 12, March 21, 2024
(a) Each person
seeking an initial appointment as a pilot shall complete an application form
for initial appointment provided by the division and deliver or mail the
completed application to:
Pease Development Authority
Division of Ports and Harbors
555 Market Street
Portsmouth, NH 03801
(b) The applicant shall provide the following
on the application form for initial appointment:
(1) The applicant's full legal
name;
(2) The applicant's maiden
name or other names used by the applicant, if applicable;
(3) The applicant's date and place of
birth;
(4) The address of the
applicant's residence, including:
a. Street
and number;
b. City or
town;
c. State; and
d. Zip code;
(5) Mailing address, if different from
residence address;
(6) The
applicant's home telephone number;
(7) The applicant's mobile/cell telephone
number, if the applicant has a mobile/cell telephone;
(8) The applicant's fax number, if the
applicant has a fax machine;
(9)
The applicant's e-mail address, if the applicant has an e-mail
address;
(10) The name of and
information required under (4) - (9) relating to the applicant's business, if
applicable;
(11) The class of pilot
licensure for which the applicant is applying;
(12) The applicant's employment history
relating to piloting or operation of vessels within the past 5 years,
including:
a. The name and address of any
previous employer;
b. Where and
when the applicant was employed;
c.
The type and gross tonnage of vessels on which the applicant was employed;
and
d. The positions held and the
dates when the positions were held under previous employers;
(13) A list of harbor areas where
the applicant has served as pilot, including a description of any special
navigational features associated with each harbor area, including, but not
limited to:
a. Exceptional currents or tides;
or
b. Difficult navigational
obstructions; and
(14) A
description of the training the applicant has received pertaining to pilotage
skills.
(c) The
applicant shall indicate on the application whether the applicant:
(1) Was ever convicted of violating a
controlled drug law of the United States, District of Columbia, or any state,
or territory of the United States, including NH RSA 318-B, Controlled Drug Act,
and laws relating to possession, use or sale of marijuana, which conviction has
not been annulled;
(2) Has ever
tested positive for a controlled drug, including marijuana, within the past 180
days, or has ever refused a test for a controlled drug;
(3) Was ever convicted by any court,
including a military court, for an offense other than a minor traffic
violation, which conviction has not been annulled;
(4) Was ever convicted of a traffic
violation, which conviction has not been annulled, arising in connection with a
fatal traffic accident, reckless driving, racing on the highway, or operating a
motor vehicle while under the influence of or impaired by alcohol or a
controlled drug;
(5) Has ever had
his or her driver's license revoked or suspended for refusing to submit to an
alcohol or drug test;
(6) Was ever
given a Coast Guard Letter of Warning or assessed a civil or administrative
penalty by a federal or state agency or a court of competent jurisdiction for
violation of maritime or environmental laws; and
(7) Has ever had any Coast Guard license or
document voluntarily surrendered, revoked, or suspended.
(d) If there is an affirmative response to
any of the items listed in subparagraphs (c)(1) - (7) above, the applicant
shall attach an explanatory statement(s) to the application. If the applicant
responds affirmatively to:
(1) Subparagraph
(c)(1), the applicant shall attach a statement describing the violation and
sentence;
(2) Subparagraph (c)(2),
the applicant shall attach a statement explaining the circumstances of such
refusal or positive drug test result;
(3) Subparagraph (c)(3) or (4), the applicant
shall attach copies of any court order or judgment rendered;
(4) Subparagraph (c)(5), the applicant shall
attach a statement describing the grounds for the revocation and conviction,
and supply the name of the state issuing the license;
(5) Subparagraph (c)(6), the applicant shall
attach a copy of the Letter of Warning and/or penalty assessment; and
(6) Subparagraph (c)(7), the applicant shall
attach a statement describing the action taken by the Coast Guard and the
reasons for the action;
(e) The applicant shall sign and date the
application form, indicating agreement to the following statement relating to
(d) above:
"I have attached a statement of explanation for all areas
marked "yes" above. I have signed this section with full understanding that a
false statement is a basis for denial of the application as well as criminal
prosecution. I understand that failure to answer every question may delay my
application."
(f) The
applicant shall include, as part of the application:
(1) A copy of a government-issued photo
identification card of the applicant, such as a:
a. State-issued driver's license;
b. Merchant Marine identification document;
or
c. Valid United States
passport;
(2) A
certified copy of the applicant's current license issued by the Coast Guard as
master or mate, for ocean, near coastal, or inland, for vessels over 1,600
gross tons that includes the applicant's:
a.
Coast Guard pilotage endorsement for Portsmouth Harbor and the Piscataqua River
up to and including Dover Point, New Hampshire;
b. Valid Coast Guard radar-observer
endorsement; and
c. Bridge resource
management certificate from a course approved by the Coast Guard;
(3) A copy of the record of any
appointment granted to the applicant by the Pease development authority or the
former New Hampshire port authority;
(4) A copy of the applicant's military
record, if the applicant has such a record;
(5) At least 2 letters attesting to
applicant's professional character from persons who hold a valid Coast Guard
master or mate's license;
(6) At
least one letter of recommendation prepared in accordance with
Pda
305.06(b)(7) from a pilot appointed
by the Pease development authority or the former New Hampshire port authority;
and
(7) Documentation that the
applicant has met the passage requirements of
Pda
305.07, including:
a. Description of the pilotage route for each
passage;
b. The name, gross tonnage
and official number, if applicable, of the vessel on which each passage was
made;
c. The inbound or outbound
beginning and ending times for each passage; and
d. Certifying signatures of the master of the
vessel and the pilot for each passage.
(g) The applicant shall certify whether or
not the applicant:
(1) Is a citizen of the
United States of America;
(2) Was
ever refused an authorization to pilot a vessel;
(3) Was ever convicted of a felony or
misdemeanor, which has not been annulled;
(4) Was ever treated by a physician for drug
or alcohol addiction or abuse;
(5)
Was ever hospitalized for any mental or emotional illness within the past
year;
(6) Has ever had a mental or
physical illness or disability that restricted the applicant's ability to
operate as a pilot for more than 30 days;
(7) Has ever held an authorization to pilot
vessels in New Hampshire or any other state or jurisdiction that has been
suspended or revoked; and
(8) Holds
a valid license issued by the Coast Guard as master or mate, for ocean, near
coastal, or inland, for vessels over 1,600 gross tons that includes a:
a. Valid Coast Guard pilotage endorsement for
Portsmouth Harbor and the Piscataqua River up to and including Dover Point, New
Hampshire;
b. Valid Coast Guard
radar-observer endorsement; and
c.
Bridge resource management certificate from a course approved by the Coast
Guard.
(h) An
applicant unable to certify a true answer for any item in subparagraphs (g)(1)
- (8) shall submit an explanatory report that includes:
(1) A complete explanation of the
circumstances which cause any statement in subparagraphs (g)(1) - (8) to be
untrue; and
(2) For each
circumstance which causes a statement in subparagraphs (g)(1) - (8) to be
untrue, an explanation as to why the authority should not find it to be grounds
for denying the applicant's appointment as a pilot.
(i) The form shall then be signed and dated.
By signing the application form, the applicant shall certify that the
information provided in the application is true, to the best of the applicant's
knowledge.
(j) The form shall
contain the following certification language:
"I certify that the statements and information in the
enclosed documents are to the best of my knowledge and belief true, accurate
and complete. I am aware that my appointment as a pilot may be withdrawn or
suspended by the Pease Development Authority for submitting false statements
and information or omitting required statements and information."
(k) The application shall require
the applicant to separately sign and date a release authorization for a
background investigation, as follows:
"To all courts, probation departments, Selective Service
boards, employers, physicians, health care facilities, health care providers,
educational institutions, and government, including all agencies and
departments thereof:
I, ___________________, as an applicant for appointment by
the Pease Development Authority as a pilot of vessels, have hereby authorized
the Pease Development Authority to conduct an investigation into my background
for the purpose of determining my suitability and eligibility for such
appointment. You are hereby authorized to release any and all information
pertaining to me, documentary or otherwise, as requested by an appropriate
employee, agent or representative of the Pease Development Authority. This
authorization shall supersede and countermand any prior request or
authorization to the contrary."
#7870, eff 4-12-03; ss by 9891-B, eff
4-1-11
