Current through Register Vol. 24-24, December 15, 2024
After successful completion of the pilot examination as
required by RCW 88.16.090, pilot candidates pursuing a pilot license are
positioned on a ranked list for the applicable pilotage district(s) and must
enter and successfully complete a training program specified by the board
before consideration for licensure. Pilot candidates shall be ranked for entry
into the training program in accordance with RCW 88.16.090(4) and as provided
below.
(1) Trainee evaluation
committee. There is hereby created a trainee evaluation committee (TEC) to
which members shall be appointed by the board of pilotage commissioners
(board). The TEC shall include at a minimum:
(a) Three active licensed Washington state
pilots who, to the extent possible, shall be from the pilotage district in
which the pilot trainee seeks a license, and at least one of whom shall be a
member of the board;
(b) One
representative of the marine industry (who may be a board member) who holds, or
has held, the minimum U.S. Coast Guard license required by RCW 88.16.090;
and
(c) One other member of the
board who is not a pilot.
The TEC may include such other persons as may be appointed by
the board. The TEC shall be chaired by a pilot member of the board and shall
meet as necessary to complete assigned tasks. In the event that the TEC cannot
reach consensus with regard to any issue, it shall report both majority and
minority opinions to the board. The TEC is an advisory body and shall have no
policy or rule-making authority, nor shall the TEC be authorized to act on
behalf of the board, conduct hearings, or take testimony or public
comment.
(2)
Notification. Pilot candidates on a list as described in this section and
waiting to enter a training program shall provide the board with the best
address for notification to enter into a training program. In addition, a pilot
candidate shall provide the board with other means of contact such as postal
mailing or electronic mail (email) address, phone number, and/or fax number.
The email address with a read receipt request, however, will be considered the
primary means of notification by the board. It will be the responsibility of
the pilot candidate to ensure the board has current contact information at all
times. If a pilot candidate cannot personally receive postal or email at the
address(es) provided to the board for any period of time, another person may be
designated in writing as having power of attorney specifically to act on the
pilot candidate's behalf regarding such notice. If notice for entry into a
training program sent to the email address provided by the pilot candidate is
not acknowledged after three attempts and within 30 calendar days or if notice
sent via certified mail is returned after three attempts to deliver, that pilot
candidate will be skipped and the next pilot candidate on the list will be
contacted for entry into a training program. A person so skipped will retain
their position on the list, except that a pilot candidate who is skipped more
than once under this subsection shall be moved to the bottom of the list. If a
pilot candidate or their designated attorney-in-fact does not respond within 15
calendar days of receipt of notification to accept, refuse, or request a
delayed entry into a training program, the pilot candidate shall be skipped and
will retain their position on the list, except that a pilot candidate who is
skipped more than once under this subsection shall be moved to the bottom of
the list.
(3) Entry. At such time
that the board chooses to start a pilot candidate in a training program for
either pilotage district, notification shall be given as provided in subsection
(2) of this section. A pilot candidate who refuses entry into a program will be
removed from the waiting list. However, if the pilot candidate re- fuses entry
into a program in one district, but indicated interest in the other pilotage
district on the application for the written examination, the candidate shall
remain available for that other district's training program in accordance with
their position on that list.
(a) Delayed entry
with board consent. A pilot candidate who is not able to start a training
program within two months of the board's specified entry date may, with written
consent of the board, delay entry into that training program. When a pilot
candidate delays entry into a training program by more than two months, the
board gives notice to the next pilot candidate on the list for that pilotage
district to enter a training program. The pilot candidate who delays entry
shall remain eligible for the next position in that district provided that the
next position becomes available within the earlier of:
(i) Four years from the pilot candidate's
taking the written examination; or
(ii) The date of the next written examination
for the district.
Provided, that a pilot candidate who delays entry into a
pilotage district in which the candidate has previously been granted a delay
under this subsection, may be moved to the bottom of the list for that
district.
(b)
Delayed entry without board consent. A pilot candidate not able to start in a
training program within two months of the board's specified entry date and who
does not obtain the board's written consent to delay entry into a training
program shall no longer be eligible for that district's training program.
Nothing in this subsection prohibits a no-longer eligible pilot candidate from
applying for the pilot examination at a later time, in which case the pilot
candidate shall be evaluated as if they were a new applicant.
(c) Effect of accepting training program. A
pilot candidate who accepts entry into a training program in a pilotage
district shall not be eligible to enter into a training program in the other
pilotage district and shall be removed from the list for that
district.
(4) Training
license. All training licenses shall be signed by the chairperson or their
designee and shall have an expiration date. Training licenses shall be
surrendered to the board upon completion or termination of the training
program. Prior to receiving a training license pilot candidates must:
(a) Pass a physical examination by a
board-designated physician and in accordance with the requirements of WAC
363-116-120 for initial pilot candidates. A form provided by the board must be
completed by the physician and submitted to the board along with a cover letter
indicating the physician's findings and recommendations as to the pilot
candidate's fitness to pilot. The physical examination must be taken not more
than 90 days before issuance of the training license. Holders of a training
license will be required to pass a general physical examination annually within
90 days prior to the anniversary date of that training license. Training
license physical examinations will be at the expense of the pilot candidate;
and
(b) Receive a verified negative
drug test from a laboratory specified by the board. Drug tests will be at the
expense of the pilot candidate and will be carried out according to a process
specified by the board.
(5) Development. As soon as practical after
receiving notification of eligibility for entry into a training program as set
forth in this section, the pilot candidate shall provide a completed experience
questionnaire to the trainee evaluation committee (TEC) created per subsection
(1) of this section. The TEC shall recommend a training program for adoption by
the board. After adoption by the board, the training program will be presented
to the pilot candidate. If the pilot candidate agrees in writing to the
training program, the board shall issue a training license to the pilot
candidate, which shall authorize the pilot candidate to take such actions as
are contained in the training program. If the pilot candidate does not agree to
the terms of a training program, in writing, within 15 business days of it
being received by certified mail return receipt, or by email read receipt
requested, that pilot candidate shall no longer be eligible for entry into that
pilotage district's training program and the board may give notice to the next
available pilot candidate that they are eligible for entry into a training
program pursuant to the terms in subsections (2) and (3) of this
section.
(6) Length of training
program. For the Puget Sound district, the length of the program shall not
exceed 36 months.
For the Grays Harbor district, the length of the program shall
not exceed 30 months.
(7)
Familiarization program in the Puget Sound pilotage district.
(a) The TEC shall assign familiarization
observations to each trainee at the beginning of their training program between
commonly navigated ports or terminals and the seaward boundary of the pilotage
district.
(b) Unless an extension
of time is granted by the board, within eight months of the beginning of the
training program if the trainee is continuously on stipend, plus an additional
month for every month a trainee is off stipend (up to a maximum of 15 months),
the trainee must:
(i) Possess a first class
pilotage endorsement without tonnage or other restrictions on their United
States Coast Guard license to pilot on six federal pilotage
chartlets.
(ii) Take all conning
and familiarization quizzes provided by the board as outlined in subsection (9)
of this section and pass with a minimum score of 80 percent; and
(iii) Take all local knowledge examination(s)
provided by the board and pass with a minimum score of 85 percent.
(8) Specification of
requirements. To the extent possible, a training program shall provide a wide
variety of assigned requirements consisting of observation, training, and
evaluation. A training program may contain deadlines for achieving full or
partial completion of certain necessary actions. Where relevant, it may specify
such factors as route, weather conditions, day or night, stern or bow first,
draft, size of ship, and any other relevant factors. The board may designate
specific shipboard requirements that shall be accomplished with supervising
pilots or with the pilot members of the TEC or with pilots designated by the
TEC. The total number of requirements in a training program shall be
established by the board based on the recommendation of the TEC. The TEC shall
design a training program and assign requirements based on factors including,
but not limited to, the availability of vessels and timelines for pilot
trainees to complete the program. The board will ensure that during a training
program, the pilot trainee will get significant review by supervising pilots
and the pilot members of the TEC or with pilots designated by the TEC. The TEC,
at the discretion of the board, may assign or specify training program
requirements among multiple pilot trainees. Generally, the pilot trainee who
entered their training program earlier has the right of first refusal of
training program requirements provided that the TEC may, with approval by the
board, allocate or assign training requirements differently as follows:
(a) When it is necessary to equalize training
opportunities; or
(b) When it is
necessary to spread hard-to-get requirements among pilot trainees so that as
many trainees as possible complete requirements on time.
(9) Local knowledge conning and
familiarization quizzes and local knowledge exams.
(a) A training program shall provide
opportunities for the education of pilot trainees and shall provide for testing
of pilot trainees on the local knowledge necessary to become a pilot. It shall
be the responsibility of the pilot trainee to obtain the local knowledge
necessary to be licensed as a pilot in the pilotage district for which they are
applying.
(b) After a trainee has
successfully passed a conning or familiarization quiz on a main channel route
or a port and approach, they will be eligible to take the conn on that route or
approach unless it is a U.S. flag vessel and the required federal pilotage
endorsement has not been obtained. These quizzes may be repeated as necessary
provided that they may not be taken more than once in any seven-day period, and
further provided that they must be successfully passed within the time period
specified in subsection (7)(b) of this section; and
(c) Each conning and familiarization quiz
will be organized by main channel routes, ports, and approaches. A conning or
familiarization quiz is not intended to replace a local knowledge exam as
specified in subsection (7)(b)(iii) of this section, but there will be some
overlap of subject matter. In order for a pilot trainee to progress into the
training section of the training program, the pilot trainee shall pass all
familiarization quizzes and/or all associated conning quizzes for all routes,
ports, and/or approaches for which the pilot trainee will have the conn during
any section of the training program.
(d) The conning and familiarization quizzes
and local knowledge exams will be administered at the location and by the
method prescribed by the board of pilotage commissioners. If a trainee fails a
conning or familiarization quiz or local knowledge exam, it may be retaken
after seven days, but must be passed within the timing deadlines discussed
above.
(e) The local knowledge
required of a pilot trainee and the local knowledge familiarization quiz,
conning quizzes, and examination(s) may include the following subjects as they
pertain to the pilotage district for which the pilot trainee seeks a license:
(ii) Waterway configurations including
channel depths, widths and other characteristics;
(iii) Hydrology and hydraulics of large ships
in shallow water and narrow channels;
(vi) Local aids to navigation;
(vii) Bottom composition;
(viii) Local docks, berths and other marine
facilities including length, least depths and other characteristics;
(ix) Mooring line procedures;
(x) Local traffic operations e.g., fishing,
recreational, dredging, military and regattas;
(xi) Vessel traffic system;
(xii) Marine VHF usage and phraseology,
including bridge-to-bridge communications regulations;
(xiii) Air draft and keel
clearances;
(xiv) Submerged cable
and pipeline areas;
(xv) Overhead
cable areas and clearances;
(xvi)
Bridge transit knowledge - Signals, channel width, regulations, and closed
periods;
(xvii) Lock
characteristics, rules and regulations;
(xviii) Commonly used anchorage
areas;
(xix) Danger zone and
restricted area regulations;
(xx)
Regulated navigation areas;
(xxi)
Naval operation area regulations;
(xxii) Local ship assist and escort tug
characteristics;
(xxiii) Tanker
escort rules - State and federal;
(xxiv) Use of anchors and knowledge of ground
tackle;
(xxv) Applicable federal
and state marine and environmental safety law requirements;
(xxvi) Marine security and safety zone
concerns;
(xxvii) Harbor safety
plan and harbor regulations;
(xxviii) Chapters 88.16 RCW and 363-116 WAC,
and other relevant state and federal regulations in effect on the date the
examination notice is published pursuant to WAC 363-116-076;
(xxix) Courses in degrees true and distances
in nautical miles and tenths of miles between points of land, navigational
buoys and fixed geographical reference points, and the distance off points of
land for such courses as determined by parallel indexing along pilotage
routes;
(xxx) Pilot transfer
arrangements;
(xxxii) Other pertinent
information the board deems necessary.
(f) The TEC will define areas that are
considered to be hard-to-get, which may differ for trainees depending on vessel
traffic while in the training program. It is the pilot trainee's responsibility
to make all available hard-to-get shipboard requirements, as defined and
assigned by the TEC.
(10) Rest. It is the responsibility of the
pilot trainee to obtain adequate rest. Pilot trainees shall observe the rest
rules for pilots in place by federal or state law or regulation and rules
established in the applicable pilotage district in which they will train, in
addition to any other rest requirements contained in a training
program.
(11) Stipend.
(a) At the initial meeting with the TEC the
pilot trainee shall indicate whether they wish to receive a stipend during
their training program. As a condition of receiving such stipend, pilot
trainees will agree to forego other full- or part-time employment during their
training program.
(b) Pilot
trainees may elect to change from a stipend to nonstipend status, and vice
versa, during their training program. Any such change request must be provided
to the board in writing by the trainee. If a pilot trainee requests to change
to a nonstipend status as provided, such change shall be effective for a
minimum nonstipend status of at least for an entire calendar month commencing
at the beginning of a month. The requirement for designated hard-to-get
requirements is waived during the time the pilot trainee is authorized to be in
nonstipend status.
If the trainee does not complete any shipboard training program
requirement as defined in subsection (17)(f) of this section within three
consecutive months, their particular training program may be constructed to
provide recency and/or a change in seniority placement prior to resuming the
training program.
(c) In
the Puget Sound pilotage district, the stipend paid to pilot trainees shall be
a maximum of $8,000 per month (or such other amount as may be set by the board
from time to time), shall be contingent upon the utilities and transportation
commission's setting of a tariff surcharge in the tariffs levied pursuant to
chapter 81.116 RCW sufficient to cover the expense of the stipend, and shall be
paid from a pilot training account as directed by the board. In the Grays
Harbor pilotage district, the stipend paid to pilot trainees, if a pilot
trainee chooses to take stipend, shall be determined by the board and shall be
contingent upon the board's receipt of funds, from any party collecting the
tariff or providing funds, sufficient to cover the expense of the stipend and
shall be paid from a pilot training account as directed by the board.
(d) Determinations as to stipend entitlement
will be made on a full calendar month basis and documentation will be submitted
to the board by the first day of the following month. The stipend payable under
this subsection shall be prorated on a daily basis for the first and last
months of a training program (unless the training program starts on the first
or ends on the last day of a month.)
(e) Any approved pilot association or other
organization collecting the pilotage tariff levied by the utilities and
transportation commission shall transfer the pilot training surcharge receipts
to the board at least once a month or otherwise dispose of such funds as
directed by the board. In the Grays Harbor pilotage district, if there is no
separate training surcharge in the tariff or other arrangement, any
organization collecting the pilotage tariff levied by the utilities and
transportation commission shall transfer sufficient funds to pay the stipend to
the board at least once a month or otherwise dispose of such funds as directed
by the board. The board may set different training stipends for different
pilotage districts. Receipts from the training surcharge shall not belong to
the pilot providing the service to the ship that generated the surcharge or to
the pilot association or other organization collecting the surcharge receipts,
but shall be disposed of as directed by the board. Pilot associations or other
organizations collecting surcharge receipts shall provide an accounting of such
funds to the board on a monthly basis or at such other intervals as may be
requested by the board. Any audited financial statements filed by pilot
associations or other organizations collecting pilotage tariffs shall include
an accounting of the collection and disposition of these surcharges. The board
shall direct the disposition of all funds in the account.
With the exception of observation, all trainees shall be under
the supervision of a supervising pilot whenever performing a shipboard training
requirement as part of a training program under this section. All supervising
pilots shall hold a valid Washington state pilotage license and shall follow
all applicable state and federal laws and regulations, as well as the
directives of the board.
(12) Supervising pilots. The board shall
designate as supervising pilots those pilots who are willing to undergo such
specialized training as the board may require and provide. Supervising pilots
shall receive such training from the board to better enable them to give
guidance and training to pilot trainees and to properly evaluate the
performance of pilot trainees. The board shall keep a list of supervising
pilots available for public inspection at all times. All pilot members of the
TEC shall also be supervising pilots.
(a)
Volunteer status. Supervising pilots shall be considered as nonemployee
volunteers and shall not be entitled to wages or remuneration for their
activities in support of the training program, except that supervising pilots
may, at the board's discretion, receive reimbursement for actual expenses
incurred. Supervising pilots may choose whether to accept any pilot trainees on
a given assignment. In no event shall supervising pilots be deemed as, or hold
themselves out as employees or representatives of the board or the
state.
(b) Role of supervising
pilots and pilot trainees. The responsibilities of supervising pilots and pilot
trainees shall vary by section of the training program as follows:
(i) During observation, the pilot shall have
control of the vessel at all times during any shipboard training requirement.
The pilot trainee may observe and interact with the pilot.
(ii) During training, the supervising pilot
shall allow the pilot trainee to perform some or all of the tasks required of a
pilot under this chapter and chapter 88.16 RCW. The supervising pilot may
interact with and coach the pilot trainee by providing guidance and advice. The
supervising pilot may, at their discretion, demonstrate certain tasks for the
pilot trainee.
(iii) During
evaluation, the trainee shall perform all tasks without any guidance or
interaction from the supervising pilot, except that a supervising pilot may
intervene as provided in subsection (17)(c) of this section. The supervising
pilot shall be responsible for evaluating the performance of the pilot trainee
in order to determine if they can pilot a vessel safely and independently and
perform other tasks required of a pilot.
(c) Responsibilities and expectations.
Supervising pilots, as well as licensed pilots performing shipboard observation
training requirements with pilot trainees, shall abide by this chapter, chapter
88.16 RCW, and all other applicable state or federal laws or regulations, as
well as the directives of the board. Supervising or licensed pilots shall use
those procedures and/or forms prescribed by the board for evaluating pilot
trainees.
(13) Shipboard
reports. After each shipboard training program requirement, the licensed or
supervising pilot shall complete a shipboard report form provided by the board.
Shipboard report forms prepared by licensed pilots who are supervising pilots
may be used by the TEC and the board for assessing a pilot trainee's progress,
providing guidance to the pilot trainee, and for making alterations to a
training program. All training and evaluation shipboard reports shall be
delivered or mailed by the licensed or supervising pilot to a location as
determined by the board. They shall not be given to the pilot trainee. The
licensed or supervising pilot may show the contents of the form to the pilot
trainee, but the pilot trainee has no right to see the form until it is filed
with the board. Observation shipboard reports may be sent directly to the board
by the pilot trainee. The TEC shall review these shipboard reports forms from
time to time, and the chairperson of the TEC shall report the progress of all
pilot trainees at each meeting of the board. If it deems it necessary, the TEC
may recommend, and the board may make, changes from time to time in the
training program requirements applicable to a pilot trainee, including the
number of assignments in a training program.
(14) Termination of and removal from a
training program. A pilot trainee's program may be immediately terminated and
the trainee removed from a training program by the board if it finds any of the
following:
(a) Failure to maintain the minimum
federal license required by RCW 88.16.090 for the duration of the training
program;
(b) Conviction of an
offense involving drugs, involving the personal consumption of alcohol, or
involving sexual abuse or sexual harassment;
(c) Failure to devote full time to training
while receiving a stipend;
(d) The
pilot trainee is not physically fit to pilot, as determined by a
board-designated physician;
(e)
Failure to meet the required progress timelines as determined by the board
toward completion of the program;
(f) Inadequate performance on examinations or
other actions required by a training program;
(g) Failure to complete the familiarization
program as specified in subsection (7) of this section within the time periods
specified;
(h) Inadequate, unsafe,
or inconsistent performance in a training program and/or on training program
requirement(s) as determined by the supervising pilots, the TEC, and/or the
board;
(i) Upon the fourth
intervention during evaluation; or
(j) Violation of a training program
requirement, state or federal law or regulation, or directive of the
board.
(15) Completion of
a training program shall include the requirements that the pilot trainee:
(a) Successfully complete all requirements
set forth in the training program including any addendum(s) to the
program;
(b) Possess a valid first
class pilotage endorsement without tonnage or other restrictions on their
United States government license to pilot in all of the waters of the pilotage
district in which the pilot candidate seeks a license; and
(c) Complete portable piloting unit (PPU)
training as defined by the TEC.
(16) Unanticipated events.
(a) Whenever a local or state government or
agency, or the federal government, declares a state of emergency, or if the
board determines that there is immediate need to act for the preservation of
public health, safety, or general welfare and that there is a threat to
trainees, pilots, vessel crews, or members of the public, then notwithstanding
the other provisions of this chapter, the board, at its discretion, may suspend
or adjust the pilot training program.
(b) The TEC may further consider additional
nonshipboard pilot training including, but not limited to, distance
learning.
(c) The TEC, with
approval by the board, may alter stipend requirements, maximum duration of the
training program, or other parts of the training program where, in the board's
sole discretion, such alterations are required in order to accommodate such
circumstances that render a trainee unable to timely complete any requirement
of the training program, and that could not have been reasonably foreseen at
the beginning of the training program.
(17) Definitions. The definitions in this
subsection apply throughout this section unless the context clearly requires
otherwise.
(a) "Chartlet" means a geographic
examination subarea as defined by the U.S. Coast Guard for federal first class
pilotage within a Washington state pilotage district. Successful completion of
a chart-let shall be defined as the endorsement of an individual's master
mariner credential for a route within an individual chartlet area. The
completion of this requirement may include, but is not limited to, chart
sketches, route descriptions, light lists, or any other examination
requirements of the U.S. Coast Guard. A qualifying chartlet for this section
shall be one within the pilotage district for which a pilot trainee is
currently training.
(b)
"Examination process" or "pilot examination" means the written examination,
simulator evaluation, and any other requirements as determined by the board to
evaluate and rank potential applicants for entry into a training program, under
RCW 88.16.090.
(c) "Intervention"
means when a supervising pilot chooses to interject (including, but not limited
to, providing verbal advice or suggestions, or taking control of the vessel
from the pilot trainee) during a shipboard requirement in the evaluation
section of the training program:
(i) In order
to avoid, in the sole opinion of the pilot, an incident as defined in WAC
363-116-200 including, but not limited to, an actual or apparent collision,
allision, or grounding; and/or
(ii)
In order to avoid, in the sole opinion of the pilot, a navigational or marine
safety occurrence which may result in actual or apparent personal injury or
property damage or environmental damage as defined in WAC
363-116-200.
(iii) Exception. An
intervention shall not be deemed to have occurred, notwithstanding a
supervising pilot assuming control of the vessel for the reasons described in
(c)(i) and (ii) of this subsection, where, in the discretion of the supervising
pilot and the TEC, the pilot trainee was not at fault for the circumstances
requiring the supervising pilot to assume control. A pilot trainee is not at
fault where a newly licensed pilot of reasonable skill could not have foreseen
or prevented the circumstances requiring the supervising pilot to assume
control, such as in the event of an unforeseeable environmental hazard or a
mechanical failure. The supervising pilot's action shall be verbalized to the
pilot trainee and the bridge team, and noted in the comments section of the
shipboard reports.
(d)
"Newly licensed" means first year of licensure.
(e) "Requirement" means all items listed in
the pilot trainee's training program requirements document and
agreement.
(f) "Shipboard" means
training program requirements that shall be completed on a vessel.
Statutory Authority:
Chapter
88.16 RCW. 13-08-025,
§
363-116-078, filed 3/27/13,
effective 4/27/13; 12-05-064, §
363-116-078, filed 2/15/12,
effective 3/17/12; 10-04-100, §
363-116-078, filed 2/3/10,
effective 3/6/10. Statutory Authority:
Chapter
88.16 RCW and 2008 c 128.
08-15-119, §
363-116-078, filed 7/21/08,
effective 8/21/08. Statutory Authority:
RCW
88.16.105. 06-20-107, §
363-116-078, filed 10/4/06,
effective 11/4/06. Statutory Authority:
Chapter
88.16 RCW and 2005 c 26.
05-18-021, §
363-116-078, filed 8/29/05,
effective 10/1/05.