New Jersey Administrative Code
Title 16 - TRANSPORTATION
Chapter 64 - RULES OF THE NEW JERSEY MARITIME PILOT AND DOCKING PILOT COMMISSION
Subchapter 9 - WORKPLACE DRUG AND ALCOHOL TESTING PROGRAMS AND DRUG-FREE WORKSHOP PROGRAM
Section 16:64-9.15 - Penalties

Universal Citation: NJ Admin Code 16:64-9.15

Current through Register Vol. 56, No. 18, September 16, 2024

(a) Any pilot or apprentice who violates either of the prohibitions in N.J.A.C. 16:64-9.3(a)2 or 3 shall not engage in pilotage operations pursuant to N.J.A.C. 16:64-10.4(b).

(b) The Commission may, after the opportunity for an informal hearing pursuant to N.J.A.C. 16:64-10.5:

1. For the first offense:
i. Order the pilot to forfeit the pilotage fee for the pilotage operations performed while intoxicated; and/or

ii. Limit, suspend for at least one year, or revoke the pilot's license; and/or

iii. Order the pilot to pay a penalty of up to $ 5,000.

2. For the second offense, shall revoke the pilot's license and may also impose any of the penalties available for a first offense, except for suspension.

(c) Any apprentice who violates either of the prohibitions in N.J.A.C. 16:64-9.3(a)2 or 3 shall not engage in pilotage operations and may, after opportunity for an informal hearing pursuant to N.J.A.C. 16:64-10.5, be suspended or have his or her registration permanently revoked.

(d) Any pilot or apprentice who fails to comply or cooperate with specimen collection and/or chemical drug testing; or who tests positive on a chemical drug test required pursuant to this subchapter or a chemical drug test required pursuant to a Federal statute or regulations, including 46 CFR Part 16; or who is convicted under a Federal or state criminal drug statute or convicted a second time under any state's statute for operating while under the influence or while intoxicated; or who violates any other provision of this subchapter shall immediately be suspended from engaging in pilotage operations pursuant to N.J.A.C. 16:64-10.4(b), and may, after opportunity for an informal hearing pursuant to N.J.A.C. 16:64-10.5.

(e) Any pilot or apprentice who is prohibited from engaging in pilotage operations pending a hearing before the Commission and whose license is not suspended or revoked, shall be returned to normal duties following the hearing.

(f) Any pilot or apprentice who is suspended from duty pursuant to this section must pass a chemical drug test for dangerous drugs and alcohol prior to reinstatement. The specific date of such test shall be unannounced but shall occur within the month prior to reinstatement. Notice of the specific date of such test shall be provided only so far as is necessary to ensure the individual's presence at the time and place set for testing. In addition, the pilot or apprentice shall be subject to increased, unannounced chemical drug testing for dangerous drugs and/or alcohol at the pilot's or apprentice's expense for a period as determined by the Commission not to exceed three years.

(g) Any pilot or apprentice convicted of operating a motor vehicle while intoxicated or under the influence or for refusal to take a required drug or alcohol test under the law of New Jersey or the equivalent laws of another state, shall be subject to the penalties listed in (b) above.

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