Current through Register Vol. 46, No. 39, September 25, 2024
(a) Scope.
This section prescribes the necessary qualifications and application procedures
for persons seeking to be admitted to the apprenticeship program for Sandy Hook
pilots, a general outline of the required apprenticeship program and licensure
examination procedures.
(b)
Availability and number of apprentices.
(1)
The number of Sandy Hook pilot apprentices shall be set by the Board after
consultation with the Sandy Hook Pilots' Association and the New Jersey
Maritime Pilot and Docking Pilot Commission ("N.J. Commission"). The number
shall be set, so as to assure there is a sufficient number of licensed Sandy
Hook pilots necessary to safely, properly and adequately pilot regulated
vessels into or out of the Port of New York and New Jersey.
(2) The availability of openings for
applicant apprentices shall be posted on the board's website at
www.nypilotcommission.org and
advertised in an appropriate trade journal. These advertisements shall specify
a deadline for submitting the applications. Qualified applicants shall be
considered without discrimination because of race, color, religion, national
origin, sex or marital status.
(c) Qualifications of applicants for
apprenticeship.
(1) A person seeking to be
registered with the Board as an apprentice shall present satisfactory evidence,
at the time of the application, that he or she:
(i) is at least 21 years of age and is not
more than 30 years of age no later than April 15 of the year the application is
filed;
(ii) is of good moral
character as evidenced through at least two written references provided by the
applicant and background checks as may be directed by the Board;
(iii) is in good physical health and at a
minimum meets all of the medical and hearing requirements required of the
holder of a First Class Federal Pilots' license without waiver and has passed a
chemical drug test for dangerous drugs as set forth in the U.S. Department of
Transportation's 5 Panel Drug Test;
(iv) has a minimum uncorrected visual acuity
of at least 20/50 in each eye, correctable to 20/20 in each eye;
(v) is able to satisfactorily pass one of the
following tests for color perception without the use of color sensing lenses:
(a) Psuedoisochromatic Plates (Dvornine 2nd
Edition; AOC; revised edition or AOC-HRR; Ishihara 16-, 24-, or 38-plate
editions);
(b) Eldridge-Green Color
Perception Lantern;
(c) Farnworth
Lantern;
(d) Keystone
Orthoscope;
(e) Keystone
Telebinocular;
(f) SAMCTT (School
of Aviation Medicine Color Threshold Tester);
(g) Titmus Optical Vision Tester;
or
(h) Williams Lantern;
(vi) Holds or will hold a
Bachelor's Degree from an accredited college or university by June 30th of the
year the application is filed;
(vii) Has the ability to read, write, and
speak fluent English;
(viii) Is a
citizen of the United States; and
(ix) Has demonstrated through an interview
and testing process the aptitude, interpersonal skills and physical skills
required of a pilot.
(2)
Applicants shall be screened through an independent testing and review process.
The results shall be submitted to a selection committee consisting of one
member of the Board or its Executive Director if a member is unavailable, one
member of the N.J. Commission or its Executive Director if a member is
unavailable, two New Jersey licensed Sandy Hook pilots and two New York
licensed Sandy Hook pilots, as nominated by the respective state Sandy Hook
Pilots' Association.
(3) By
agreement with the Sandy Hook Pilots' Association, the Board, and the N.J.
Commission, applicants selected by the selection committee pursuant to the
procedures set forth in (2) above may be designated as applicants for the
license examination of either state. The Board may, at its discretion, accept
as New York registered apprentices those so designated after review of the
recommendation of the selection committee to ensure that the apprentice meets
New York standards for entry into the apprentice program and the State's needs
for pilots.
(4)
The Board shall retain a list of 10 applicants in order of
preference as determined by the selection committee and approved by the Board.
Such list shall be retained for a period of two years from the date it is
approved by the selection committee. If during that period, it is determined
that an additional apprentice is needed, the Board shall select an applicant
from that list in order of ranking on said list. If a selected applicant
refuses registration or is unable to meet the requirements of apprenticeship at
the time of registration, the Board shall select the applicant ranked next on
the list. Once selected, the applicant shall be deemed a registered apprentice.
Upon subsequent selection(s) of applicants from the ranked list, any applicant
who was deemed ineligible to meet the requirements of registration at the time
of the last selection shall be selected if he or she now satisfies the
requirements for registration. If, however, a selected applicant refuses
registration, such applicant shall be deleted from the ranked list and shall
not be considered upon subsequent selection(s).
(5) After selection and Board registration,
the apprentice shall become an employee of the Sandy Hook Pilots'
Association.
(6) Appropriate
application and testing fees will be required from all applicants for
apprentice selection in an amount sufficient to cover administrative costs and
testing fees. Application forms and information concerning the apprenticeship
program and application procedures may be obtained from the Sandy Hook Pilots
Association, 201 Edgewater Street, Staten Island, New York.
(d) The registered apprenticeship.
(1) The apprenticeship shall be served under
the Sandy Hook Pilots' Association which shall be responsible for assuring that
all apprentices are fully instructed in such manner as to fully qualify them in
every respect to perform the duties of a Sandy Hook pilot. Every apprenticeship
shall be served in the pilot vessels of the Sandy Hook pilots.
(2) The apprenticeship program shall include
a minimum of four years training. Time requirements, however, may vary
depending on the varying levels of professional training already possessed by
those entering the apprenticeship and the needs of the pilot service.
(3) During the apprenticeship, all
apprentices must acquire;
(i) a Merchant
Mariner Credential with Able-Bodied Seaman and Lifeboatman's
endorsements;
(ii) A Federal Master
of Pilot Vessel's License or higher, issued with an endorsement as First Class
Pilot or equivalent, and necessary extensions of route for all areas of the
Port of New York and New Jersey, all as issued pursuant to
46 CFR
Part 10 of the rules of the United States
Coast Guard; and
(iii) Such other
licenses and certificates as may be required for the training program by the
Association or the Board, including, but not limited to, ARPA (automatic radar
plotting aid) certification and radar certification.
(4) In addition to the experience required to
meet (ii) above, the apprentice shall make at least 225 trips during the last
nine months of the apprenticeship (at least 40 of which shall be made during
hours of darkness) on vessels under the supervision of a licensed Sandy Hook
pilot.
(5) The apprenticeship shall
include the prescribed academic courses at the Sandy Hook Pilot School, or an
equivalent. Instruction shall cover all aspects of piloting and ship handling
including, but not limited to: the use of navigation and communication
equipment, the Rules of the Road, the use of aids to navigation, tides and
currents, soundings, bearings and location of the shoals, rocks, bars, and
points of land, courses, distances, and depths of channels; bridge management;
and pollution control and environment protection. The apprentice shall learn
the use of charts, coast pilots, tide tables, and current tables. The
apprentice shall become familiar with the publications of the Army Corps of
Engineers, the Coast Guard, the National Oceanic and Atmospheric
Administration, the rules of the Board as contained in this section, and such
other publications as may pertain to the piloting of vessels in the Port of New
York and New Jersey.
(6) Each
apprentice shall comply with the annual medical examination requirements in
Article 21, Section
52.5 of the New York Codes, Rules
and Regulations.
(7) Each
apprentice shall appear before the Board at least once a year to demonstrate
that he or she is making satisfactory progress in the apprenticeship program
and is complying with the academic requirements and with all other requirements
of the training program.
(8) The
Board shall periodically review and approve the course contents and practical
experience requirements of the apprenticeship program.
(9) Before any change in the approved
apprenticeship program is instituted, the Pilots' Association shall obtain the
approval of the Commission.
(10) If
an apprentice is absent from duty for more than 30 consecutive calendar days,
the Pilots' Association shall report the absence to the Board, and the Board
may, after consultation with the Sandy Hook Pilots' Association, require the
apprentice to make up the time lost.
(e) Dismissal or suspension of apprentices.
After an opportunity to be heard pursuant to the State Administrative Procedure
Act, a registered apprentice may be dismissed or suspended from the program on
a showing that he or she:
(1) has failed to
complete academic assignments or to achieve passing grades on required tests
and examinations;
(2) has refused
to perform or failed to perform assigned apprenticeship duties or to carry out
lawful orders;
(3) has been
negligent or incompetent in the performance of assigned apprenticeship
duties;
(4) has failed to comply
with the by-laws, rules, regulations and requirements of the apprenticeship
program of the Sandy Hook Pilots' Association and approved by the
Board;
(5) has failed to comply
with the requirements of this section;
(6) has used or been found in possession of
any illegal controlled dangerous substance or otherwise violates the provisions
of 56.19 of this Title;
(7) has
pled guilty or nolo contendere or has been convicted of a crime of moral
turpitude;
(8) is incapable, for
medical or any other good reason, of discharging the necessary functions and
duties of an apprentice pilot;
(9)
has engaged in conduct unbecoming an apprentice;
(10) has misrepresented any information in
the application, or engaged in the use or employment of dishonesty, fraud,
deception, misrepresentation, false promise or false pretense; or
(11) is temperamentally unfit or lacks the
aptitude to fulfill the role of pilot.
Upon receipt by the Board of verified information that
grounds for dismissal or suspension exist, the apprentice shall be so notified
by registered letter which shall state the reasons for the proposed dismissal
or suspension, and shall offer the apprentice the opportunity to respond within
10 days of receipt of the letter to contest the determination and to request a
hearing. If no response is received the letter of notice shall become a final
order of dismissal or suspension.
(f) Certification of Sandy Hook pilot
apprentices.
(1) After an apprentice has
completed all the requirements of the apprenticeship, the Sandy Hook Pilots'
Association shall certify his or her record to the Board who shall review the
record and consider the apprentice for the next scheduled licensing
examination. Until such scheduled examination, apprentices shall continue to be
employed by the Sandy Hook Pilots' Association.
(2) The Board may request the Sandy Hook
Pilots' Association prepare an individual evaluation for each apprentice who is
prepared to take the licensure examination. The evaluation shall summarize the
qualifications, piloting history, and limitations, if any, of each apprentice.
Each evaluation shall conclude with a narrative rating of the apprentice as
"recommended" or "not recommended." The Board shall consider, but is not bound
by, the evaluation of the Sandy Hook Pilots' Association.
(g) Examination.
(1) The Board shall conduct examinations for
initial licensure as a deputy pilot on an as-needed basis, depending on the
schedule of the certification of apprentices by the Sandy Hook Pilots'
Association and the need to assure the availability of the number of pilots
necessary to provide safe, adequate and proper pilotage for ships requiring the
services of a New York or New Jersey licensed pilot.
(2) The written examination shall test the
apprentice's qualifications for employment as a Sandy Hook pilot and knowledge
of pilotage routes.
(3) A passing
grade on the exam shall be 70 percent on all written sections except Rules of
the Road, which shall be 90 percent. Any charts drawn by the apprentice shall
be graded on a pass/fail basis.