Minding the Helm Marine Navigation and Piloting (1994) / Chapter Skim
Currently Skimming:
3 PILOTAGE ADMINISTRATION
3 PILOTAGE ADMINISTRATION
Pages 99-158
The Chapter Skim interface presents what we've algorithmically identified as the most significant single chunk of text within every page in the chapter.
Select key terms on the right to highlight them within pages of the chapter.
From page 99... ...
There are no nationally accepted guidelines or baseline standards for the selection, training, licensing, oversight, and discipline of pilots or for the expertise and representatic~n calf interests that would assist pilotage boards or government offices in administering official oversight. Such guidelines and standards are essential benchmarks for cognizant pilotage authorities in ensuring the adequacy of federal, state, and local pilotage for vessels in foreign trade as well as coastwise trade.
|
From page 100... ...
With few exceptions, continuing professional development requirements have not been established, but a growing number of state pilot associations are voluntarily coordinating continuing training opportunities for some members. No state pilotage system has formal requirements for emergency shiphandling training, nor are there formal efforts to detect problems in pilot performance before they become an issue in marine accidents.
|
From page 101... ...
Federal pilotage for coastwise vessels and state pilotage for foreign trade vessels are then assessed by comparison with the complete pilotage model. Coast Guard resources for administering federal pilotage, an issue frequently brought to the committee's attention during the study, are addressed.
|
From page 102... ...
Professional regulation generally is accomplished at the state level. In the United States, each state has a department responsible for licensing and regulation of certain professions, such as the medical and legal professions.
|
From page 103... ...
Professional regulation of merchant mariners is a longstanding federal responsibility except for marine pilots, as described in this chapter. Only the federal government has the mission, resources, and enabling authority needed to administer licensing requirements ..
|
From page 104... ...
FEDERAL REGULATION OF PILOTAGE Federal Pilotage Requirements Federal law requires that seagoing vessels in coastwise trade, including selfpropelled vessels and tank barges that carry petroleum or hazardous cargoes, must be under the direction and control of a federally-licensed pilot when underway in pilotage waters (46 U.S.C.
|
From page 105... ...
In most of these ports, these federal pilots compete for work with marine pilots from state pilot associations, who virtually all also hold federal licenses. Independent federal pilots are ineligible for foreign trade pilotage, however, because they are unable to obtain state licenses; restrictions in state laws establish pilotage as a controlled-access profession, except in Connecticut.
|
From page 106... ...
If neither the master nor mate hold the necessary credential, then an independent marine pilot must be engaged. Federal pilotage requirements apply to self-propelled vessels and also to tank barges built to carry oil or other hazardous cargoes, provided they are coastwise seagoing vessels.
|
From page 107... ...
~7 number of addidona1 requiromcuts ~c mcL Under Ls reguladons, 1hc Coas Ou~d docs no1 supervisc compliancc ~i1b 1hcsc requiremcnts, bu1 ~ m~ caL upOD 1hCSC iDdiVidu~lS 10 providc cvidcDcc of compliancc: gcDcraHy such rcqucsts ~c madc ODly iD CODDCCdOD ~ith aD ~CCidCD1 iDVCSdg~doD. Pilota~c in hc 10~ing industry is discussed iD morc dc1ail l~cr iD 1his chaptcr.
|
From page 108... ...
To help meet this obligation, the Coast Guard has extensive power to regulate the licensing of federal pilots. Under present regulations, an applicant must pass an examination after at least 36 months' service on board a vessel or vessels, including Wee months within the preceding three years, and at least 12 months operating on the class of waters for which pilotage is desired such as rivers, canals, or inland waters.
|
From page 109... ...
That existing federal pilotage requirements represent entry-level criteria is widely recognized by marine pilots, docking masters, other mariners, shipping companies, and the towing industry. In practice, mariners seeking federal pilotage credentials generally already have a marine license, and, by virtue of licensing criteria, practical experience.
|
From page 110... ...
Some owners and operators of coastwise seagoing vessels reported to the committee that they have significantly increased standards for their ships' officers who, if they hold pilotage endorsements, may serve as pilots on their vessels. Similarly, associations of independent federal pilots and some dock
|
From page 111... ...
Under the federal pilotage system, the Coast Guard can revoke or suspend a pilot's license if the pilot violates any law intended to promote marine safety or to protect navigable waters, commits an act of misconduct or negligence, or becomes incompetent. Such action may be taken, however, only if the pilot is acting under the authority of the federal license.
|
From page 112... ...
The Coast Guard action was overturned on the grounds that the pilot was serving under the terms of his state license at the time of the grounding, and there was no requirement for federal pilotage (Parks, 19821. The Coast Guard is able to take action against any federal pilot's license or endorsement if the pilot fails a mandatory random drug test (drug-free status is a condition of holding the license or endorsement)
|
From page 113... ...
The agency's infrastructure is designed to administer national regulatory systems, including federal pilotage. The Coast Guard enforces regulations related to port safety and security, in the process taking actions that directly affect marine navigation and piloting, as well as marine environmental protection; These activities are performed to the limit of available resources.
|
From page 114... ...
Coast Guard Headquarters, Washington, D.C., March 1993. ensure the availability of essential merchant marine expertise and to maintain close ties with the merchant marine industry include several important programs (Kime, 1992~.
|
From page 115... ...
Assessment of Federal Pilotage Federal pilotage establishes a national baseline for the general marine experience and basic knowledge of local routes needed by pilots (see Fugaro, 1976~. The federal rules have been adopted as entry-level requirements for state pilot and docking master trainees and thus have become de facto national standards for this limited purpose.
|
From page 116... ...
Marine pilots provide these services at the master's request. No state (or the Coast Guard3 currently licenses individuals solely as docking masters (Ashe, 1984; Crowley, 1991; Parks, 1982, 19883, although civil service pilots In Mobile, Alabama, who are employed by the state port authority, conduct intraport movements and provide docking services to ships in foreign trade under the authority of state pilot licenses.
|
From page 117... ...
However, because of heightened awareness of the consequences of mishaps or accidents, use of marine pilots for port entry and departure has become increasingly common for coastwise ships, especially tankers, as a means of supplementing onboard shiphandling expertise and local knowledge. In some state pilotage jurisdictions, such as in Texas, the loss of the federal license places a state license in jeopardy as well (Ramaswamy and Grabowski, 19921.
|
From page 118... ...
Other states prohibit marine pilots from serving on the board (Ashe, 1984; Crowley, 1991~. State Pilot Associations In nearly all ports, the state pilots serving the port are members of a pilot association.
|
From page 119... ...
These groups assert that the link between competition and unsafe operating practices is not supported by analysis of safety data (see Booz, Allen and Hamilton, 19911. Further, some state pilot associations compete with each other, and others compete with independent federal pilots for pilotage of vessels in the coastwise trade and government vessels.
|
From page 120... ...
In a few state systems, such as the Florida state-wide system, continuing professional development requirements have recently been instituted. A growing number of pilot associations voluntarily have begun to send some members to shiphandling simulation training as one element of association professional development programs.
|
From page 121... ...
. However, the NTSB report provides only a cursory examination of other state pilotage systems and federal pilotage, including official discipline (see Ashe, 1984~.
|
From page 122... ...
As a result, misgivings have been expressed about the workings and motivations of state pilot associations, particularly by operating companies that pay pilotage fees and by the NTSB. Under state pilotage systems, measures to confirm maintenance of pilot knowledge and skills are informal; systematic measures are not used to detect and correct degraded capabilities before such weaknesses become factors in marine accidents.
|
From page 123... ...
8502 during docking or undocking or in-port movement of a coastwise vessel, so the docking master must operate under the authority of a federal pilot's license or endorsement (USCG, 19913. Virtually all docking masters hold a federal pilot's endorsement on their operator (or merchant marine)
|
From page 124... ...
Accountability Docking masters usually hold federal pilot licenses, which are required for serving the coastwise trade. However, as noted earlier, docking and undocking operations are not conducted under the authority of these licenses when they involve vessels in foreign trade, because neither the states nor the Coast Guard has exercised jurisdiction.
|
From page 125... ...
Assessment of Docking and Mooring Services for Vessels in Foreign Trade The committee could not compare the safety performance of docking masters and marine pilots in the provision of docking services to vessels in foreign trade, due to insufficient data and lack of an accepted methodology. Although docking masters virtually all hold' federal pilot's licenses, they do not act under
|
From page 126... ...
This gap in official accountability may be compensated to some extent by professional accountabiLty generated tbroupb market farces, but the possibility remains 1ba1 substandard performance or practices may be undetected or uncorrected un1d an incident or accident occurs. Safely and licensing autborbies have not establisbed requirements or programs 10 owed 1bese possibibties.
|
From page 127... ...
FRANCE ~\ 727 countability to ~ licensing autbobty is not consistent with the pilotage requirements tab me generally ~plic~le to foreign trade vessels. P110tage in Federal Canals The Cape Cod Canal and Ches~e~e and Delouse (Cage)
|
From page 128... ...
Pilotage in the Towing Industry Barges under tow and their accompanying tugs or towboats are subject to state pilotage rules if they are engaged in foreign trade and transit state waters. Few barges, however, are engaged in such trade these are principally large integrated tug and barge combinations and very large freight barges.
|
From page 129... ...
729 ~ YE IS ~ ~:~S~S~ ~ ~ ~S~s~ River tug and 10~ in pusb-to~ conAguradon. Tbc specific sells required to maneuver Aver tows diner Mom those required to maneuver ships, because of signiAcanLdi~rencos in maneuvchng charactodsUcs and differing stcchng equipment employed aboard river Emboss.
|
From page 130... ...
The rule allows the licensed master, mate, or operator of the tug or towboat to "act as" pilot of the tug/barge unit if the requirements specified in the rule are met (46 CFR 15.8121. The Coast Guard considers "acting as" pilots to be licensed pilots within the meaning of the federal pilotage laws and thus not exempted from pilotage requirements.
|
From page 131... ...
The towing industry claims that company-provided professional development programs, normal operating practices, and long-term employment within the industry (usually with a single company) together provide the experience necessary to act as pilot and that safety performance is good (AWO, 1992b; Farrell, 1991; TBS, 19851.
|
From page 132... ...
Regardless, there are no accreditation procedures for tug companies' professional development programs. Pilotage of Inland Towing Vessels Inland towing industry vessels operate on many of the same waters as coastwise and foreign-trade vessels, and routinely interact with these vessels when doing so.
|
From page 133... ...
Creelman, personal communication, November 15, 1993~. However, as with the coastwise towing industry, data are not available on the extent of pilotage practices, the beneficial effects on operational safety, and on the differences in the abilities of large and small companies to provide effective professional development programs.
|
From page 134... ...
In this manner, pilotage becomes vessel specific and is applied selectively in ports, harbors, and inland river systems. Pilotage for Dredges Self-propelled seagoing hopper dredges are eligible for exemptions from federal pilotage requirements (non-self-propelled dredges are transported by tugs)
|
From page 135... ...
Safety and economic efficiency of competing port complexes are dominant themes in the provision of pilotage services, regardless of whether pilots are organized as independent contractors, members of a pilot corporation, or civil servants. Marine pilots in some ports, particularly in the Netherlands, are heavily involved in supporting VTS operations to improve both safety and efficiency.
|
From page 136... ...
Exemption programs are intended to ensure a baseline level of pilotage proficiency for all vessels, whether subject to compulsory pilotage or piloted by masters or mates holding exemption certificates. Pilot Training Using Shiphandling Simulation The committee found growing interest among marine pilots in the use of both computer-based ship bridge and manned-model shiphandling simulations.
|
From page 137... ...
general absence of training requirements or programs for decision making and application of shiphandling skills under the stress of emergency situations; · lack of recertification requirements to establish that pilots maintain requisite knowledge and skills at acceptable levels; · discipline of federally and state-licensed pilots only after an accident, rather than through advance constructive measures designed to detect degraded skills or other performance problems before they become part of the error chain in accidents; · placement of ancillary responsibilities, such as determining and reporting operational deficiencies, on marine pilots; · relief from rigorous port-specific pilotage requirements for the domestic coastwise trade; · lack of formal pilot training and quality-control programs to ensure professional competency; · great diversity in pilotage requirements, system administration, and pilot development programs, all of which result in pilotage systems of varying quality; . lack of completeness in pilotage models employed as compared with the committee's model; and .
|
From page 138... ...
Guidelines would help ensure that the best and most qualified applicants are chosen for training. Pilot candidates would be required to have recent and substantial prior experience at sea or in the towing industry, in service as masters, mates, pilots, or licensed operators, unless adequate training were provided to substitute for such experience.
|
From page 139... ...
Certificates also could be granted to experienced docking masters for pilotage in tug-assisted transits of port areas adjacent to docks. Establish Code of Professional Ethics Some professional associations have established codes of professional ethics which members are asked or required to observe in order to remain a member in good standing.
|
From page 140... ...
Such a certificate could be required as a prerequisite for all who wish to serve as a pilot, regardless of who administers pilotage. Require Emergency Shiphandling Training Most, if not all, federal and state pilot associations, docking master groups, and pilot companies follow very similar professional development concepts.
|
From page 141... ...
In addition to the primary objectives of increasing and refreshing knowledge and enhancing proficiency, continuing professional development requirements can serve as one means of motivating pilots to meet the expectations for highly professional services from licensing authorities, the marine community, and the public. Require Pilot Recertification There are few requirements for periodic recertification of knowledge, skills, and performance once a pilot is fully qualified.
|
From page 142... ...
This approach also would provide a means to establish the credibility of accredited professional development programs throughout the marine community and with the public.
|
From page 143... ...
Shipping and towing industry companies might be inconvenienced. However, the traditional principle that a master is best qualified to handle the master's own vessel would be preserved to the degree that masters were able to obtain federal pilotage endorsements.
|
From page 144... ...
Relieve Federal Pilots of Non-Pilotage Duties Under the federal pilotage rules applicable to coastwise vessels, the master, mate, or operator is authorized to perform pilotage if the individual holds the appropriate credential or qualifies as an "acting as" pilot for towing industry vessels under 10,000 gross tons and ships under 1,600 gross tons. A vessel officer or operator on watch who serves as its pilot, with responsibility for navigation, also remains responsible for watch officer duties, unless assisted by a second officer or operator.
|
From page 145... ...
This rule applies to both coastwise and foreign trade vessels, and it "will allow one officer to concentrate on the safe movement of the tanker through the waterway while the other officer assists as necessary with navigation and performs other important watch functions" (58 FR 88:27629~. The rule could be expanded to cover tank barges that are subject to a federal pilotage requirement, either for waters that pose difficult operating conditions or where there is a special need, such as transits through congested harbors, confined waters with populated shorelines, or environmentally sensitive areas.
|
From page 146... ...
. Foreign-trade commerce has not been of sufficient volume in the past to have motivated the establishment of state pilotage requirements for Mississippi River waters in the states of Arkansas.
|
From page 147... ...
Simply requiring a federally-licensed pilot for foreign trade vessels could create a situation in which anyone with a federal pilot's license or endorsement for the route could offer independent service or could be employed as a member of a foreign-flag vessel's crew to provide pilotage service. To guard against these possibilities, special provisions must be made to ensure the use of locally based marine pilots, docking masters, and mooring masters operating under the oversight of pilotage district licensing authorities.
|
From page 148... ...
Some state pilot associations, as a matter of policy, have established the same requirement. The Coast Guard has expressed concern that requiring federal pilotage for intraport moves and docking, without establishing a local pilotage system, could lead to a proliferation of individuals attempting to provide such services.
|
From page 149... ...
Tug companies with affiliated docking masters oppose measures that might impair their relationships with them. At the same time, state pilot associations and commissioners oppose consolidation because of concerns over the ability to economically support an expanded number of state-licensed pilots.
|
From page 150... ...
First, marine pilots must maintain effective master-pilot working relationships under increasingly difficult operating conditions. Second, marine pilots are increasingly being expected, if not actually required, by some governing authorities to act as quasi-public officials in detecting and reporting substandard ships and deficient onboard operating conditions.
|
From page 151... ...
improving Pilotage in the Towing Industry The Coast Guard has not systematically assessed the effectiveness of its 1985 rule regarding tug and barge pilotage. Further, correspondence and testimony to the committee reflected substantial concern that safety could be endangered by inadequate standards for coastwise towing vessels and by the lack of official pilotage credentials and standards for operators of inland towboats and barge trains.
|
From page 152... ...
This state of affairs implies a need to strengthen federal pilotage requirements for coastwise towing vessels. While market forces may be sufficient to motivate attention to safety performance in some cases, they do not ensure universal concern.
|
From page 153... ...
, and (2) completion of the same number of round trips over the route applied for as are required for other applicants for federal pilotage endorsements, with two thirds of the trips on combinations of at least 1,600 tons.
|
From page 154... ...
The port-level authorities would ensure adequate professional development of pilots, issue licenses, and oversee pilotage administration and pilot performance in their ports and waterways under rules that meet or exceed national standards. These pilotage requirements could be supplemented as necessary by additional rules to reflect changing port-level needs for achieving safe navigation and protection of coastal populations and environments, within the limits of state jurisdiction.
|
From page 155... ...
The Coast Guard's ability to access professional expertise from external sources at the port level varies because of factors such as the presence of proprietary and special interests within the various segments of the marine community, varying capabilities of Coast Guard port-level officials to work with the commercial and public sectors, and little apparent federal support for additional advisory committees at the port level. Further, these factors and the history of pilotage, especially the lack of rigorous federal pilotage qualification requirements, suggests to the com
|
From page 156... ...
Such a commission could be responsible for: . developing national standards for pilotage and marine traffic regulation; · developing and administering procedures and processes for accreditation of pilotage and marine traffic regulation systems in accordance with nationally accepted and applicable standards; · defining, promoting, and assisting in the implementation of a consolidated port-level system of pilotage; and · providing expert advice to the Coast Guard and other pilotage authorities on marine pilotage and marine traffic regulation matters.
|
From page 157... ...
Although the national commission would not have operational responsibility, it could encourage and improve accountability by periodically reviewing the performance of local pilotage systems as an element of the accreditation renewal process. It is envisioned that such a process would be accomplished in consultation and coordination with cognizant pilotage authorities and marine pilot associations, users of pilotage services, the Coast Guard, and other appropriate parties.
|
From page 158... ...
A relative small commission, about 5 to 7 members, would seem desirable to facilitate decision making. The commission's members would nevertheless need to be capable of effectively addressing the professional, technical, policy, and economic interests of the federal and state governments, marine pilots, the marine community (including shipping and towing industry companies, and port authorities)
|
Key Terms
This material may be derived from roughly machine-read images, and so is provided only to facilitate research.
More
information on Chapter Skim is available.