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Del. Code tit. 23 ch. 1
Chapter 1
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§ 100 Objectives.
The primary objective of the Board of Pilot Commissioners, to which all other objectives and purposes are secondary, is to protect the general public (especially those persons who are direct recipients of services regulated by this chapter) from unsafe practices. The secondary objectives of the Board are to maintain minimum standards of pilot competency, and to maintain certain standards in the delivery of services to the public. 64 Del. Laws, c. 195,
§
1 ;
§ 101 Appointment; qualifications; term; vacancies; meetings; officers; oath of office; quorum.
(a) The Board of Pilot Commissioners for the State shall consist of 7 members, residents of the State, appointed by the Governor, for a term of 5 years, composed as follows: 3 state-licensed pilots and 4 other members, at least 2 of whom shall be public members and at least 1 of whom shall be a shipping industry representative. No public member shall be a former pilot, related to a pilot by blood or affinity, nor ever have been employed by any pilot association or individual pilot. No shipping industry representative shall be a former pilot. The Board shall consist of the members presently serving unexpired terms on the Board as it existed prior to January 1, 1993, together with those members necessary to bring the total number of members up to 7. Upon the expiration of the terms of office of those presently serving, the Governor shall appoint new members until such time as the Board is composed of members meeting the requirements of this subsection. No member shall serve more than 2 complete consecutive terms.
(b) Any vacancy in the Board occurring for any cause other than expiration of term shall be filled by the Governor for the remainder of the term.
(c) The Board shall meet at least once in each quarter of each year and at the call of the President as may be required.
(d) The Board shall elect from among its members a President, Vice-President and Secretary-Treasurer who shall hold office for a term of 2 years. No officer may serve more than 2 successive terms in such office. Before entering upon duties, each member shall be duly sworn to perform faithfully and impartially the duties of the office.
(e) Four members of the Board shall be a quorum. 16 Del. Laws, c. 449,
§§
1, 16 ;
Code 1915,
§§
953, 969;
Code 1935,
§§
1065, 1081;
23 Del. C. 1953,
§
101;
58 Del. Laws, c. 53,
§
1 ;
64 Del. Laws, c. 195,
§
2 ;
69 Del. Laws, c. 20,
§§
1, 2 ;
70 Del. Laws, c. 186,
§
1 ;
§ 102 Powers and duties.
The Board of Pilot Commissioners shall have authority to:
(1) Formulate rules and regulations, with appropriate notice to those affected, where such notice can reasonably be given;
(2) Designate the application form to be used by all applicants, and to process all applications;
(3) Designate or prepare a written examination to be taken by persons applying for licensure;
(4) Provide for the administration of all examinations, including notice and information to applicants, proctoring and grading;
(5) Grant licenses as a pilot in the Delaware River and Bay and its tributaries to all persons who meet the qualifications for licensure;
(6) Receive complaints from pilots and from the public concerning the professional conduct of pilots, or concerning practices of the profession; to evaluate such complaints; and to take such action within its powers as the Board deems appropriate;
(7) Issue subpoenas and compel the attendance of witnesses and the production of records;
(8) Administer oaths to witnesses;
(9) Determine whether or not a pilot shall be the subject of a disciplinary hearing, and if so, to conduct such hearing in accordance with this chapter and the Administrative Procedures Act [Chapter 101 of Title 29];
(10) Where it has been determined after a disciplinary hearing, that penalties or sanctions should be imposed, to designate the appropriate sanction or penalty and, after time for appeal has lapsed, impose said sanction or penalty;
(11) Maintain complete records relating to meeting minutes, applications, examinations, the administration of the apprenticeship program, rosters, changes and additions to rules and regulations, complaints, hearings, and other such matters as the Board shall determine;
(12) Create and administer an apprenticeship program which designates minimum educational and experience requirements;
(13) Grant an inactive license to:
a. A pilot with health problems documented to the Board’s satisfaction; or
b. A pilot on terminal leave, i.e., a pilot on approved time-off prior to and in contemplation of retirement.
If a pilot seeks to return to active status after being granted an inactive license pursuant to paragraph (13)a. or b. of this section, the Board shall first impose as a condition of return to active status that the pilot undertake a number of refresher trips, to be determined by the Board. 16 Del. Laws, c. 449,
§§
1, 16 ;
17 Del. Laws, c. 555,
§
1 ;
Code 1915,
§§
953, 969;
Code 1935,
§§
1065, 1081;
23 Del. C. 1953,
§
102;
64 Del. Laws, c. 195,
§
3 ;
65 Del. Laws, c. 229,
§
1 ;
69 Del. Laws, c. 20,
§§
3, 4 ;
§ 103 Register.
The Department of State may appoint a register, who shall enter, in a book to be provided for that purpose, all applications to and all other proceedings of the Board and shall countersign all warrants for pilots granted by the Board. 16 Del. Laws, c. 449,
§
16 ;
Code 1915,
§
969;
Code 1935,
§
1081;
23 Del. C. 1953,
§
103;
57 Del. Laws, c. 740,
§
11 ;
75 Del. Laws, c. 88,
§
17(1) ;
§ 104 Complaint and hearing procedures.
(a) Complaints pertaining to the subject matter of this chapter shall be filed and processed in accordance with § 8735 of Title 29.
(b) The Board shall conduct hearings in accordance with Chapter 101 of Title 29. 16 Del. Laws, c. 449,
§
1 ;
Code 1915,
§
953;
Code 1935,
§
1065;
23 Del. C. 1953,
§
104;
64 Del. Laws, c. 195,
§
4 ;
69 Del. Laws, c. 20,
§
5 ;
§ 105 Appeals from Board’s decisions.
Where the pilot is in disagreement with the action of the Board, the pilot may appeal the Board’s decision to the Superior Court within 30 days of service, or of the postmarked date of the copy of the decision mailed to the pilot. Upon such appeal the Court shall hear the evidence de novo, and the filing of an appeal shall act as a stay of the Board’s decision, pending final determination of the pilot’s appeal. 16 Del. Laws, c. 449,
§
17 ;
Code 1915,
§
970;
Code 1935,
§
1082;
45 Del. Laws, c. 103,
§
1 ;
23 Del. C. 1953,
§
105;
62 Del. Laws, c. 105,
§
1 ;
64 Del. Laws, c. 195,
§
5 ;
70 Del. Laws, c. 186,
§
1 ;
§ 106 Expenses of Board; renewal license fee.
To provide a fund for the payment of necessary expenses of the Board in the performance of its duties, each pilot licensed by this chapter shall, upon every renewal of the pilot’s license, pay to the Division of Professional Regulation a renewal fee, not to exceed $250, to be determined by the Secretary of State. 64 Del. Laws, c. 195,
§
6 ;
64 Del. Laws, c. 360,
§
1 ;
69 Del. Laws, c. 20,
§
6 ;
70 Del. Laws, c. 186,
§
1 ;
75 Del. Laws, c. 88,
§
17(1) ;
Delaware General Assembly
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Executive
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§ 111 License requirements; examinations; fee.
Any person desiring to engage in the occupation of a pilot in the Bay and Delaware River shall apply in person to the Board of Pilot Commissioners for a license to entitle that person to follow that occupation. At least 4 members of the Board shall examine every person applying for a license as to fitness in all respects to perform the duties of a pilot and shall grant licenses to all such as they deem qualified according to their respective abilities. Each applicant under this section shall pay to the Division of Professional Regulation a fee, not to exceed $250, to be determined by the Secretary of State. 16 Del. Laws, c. 449,
§
2 ;
Code 1915,
§
954;
Code 1935,
§
1066;
45 Del. Laws, c. 102,
§
1 ;
23 Del. C. 1953,
§
111;
62 Del. Laws, c. 105,
§
2 ;
64 Del. Laws, c. 360,
§
2 ;
69 Del. Laws, c. 20,
§
7 ;
70 Del. Laws, c. 186,
§
1 ;
75 Del. Laws, c. 88,
§
17(1) ;
§ 112 Classes of licenses.
Six classes of licenses shall be granted:
(1) First class, to persons capable of piloting ships or vessels of any practical draft of water.
(2) Second class, to persons capable of piloting ships or vessels drawing 45 feet of water or under.
(3) Third class, to persons capable of piloting ships or vessels drawing 40 feet of water or under.
(4) Fourth class, to persons capable of piloting ships or vessels drawing 35 feet of water or under.
(5) Fifth class, to persons capable of piloting ships or vessels drawing 32 feet of water or under.
(6) Sixth class, to persons capable of piloting ships or vessels drawing 29 feet of water or under. 16 Del. Laws, c. 449,
§
2 ;
26 Del. Laws, c. 181,
§
1 ;
Code 1915,
§
954;
Code 1935,
§
1066;
45 Del. Laws, c. 102,
§
1 ;
23 Del. C. 1953,
§
112;
50 Del. Laws, c. 90,
§
1 ;
57 Del. Laws, c. 158,
§
1 ;
64 Del. Laws, c. 360,
§§
3-5 ;
69 Del. Laws, c. 20,
§
8 ;
72 Del. Laws, c. 87,
§
1 ;
73 Del. Laws, c. 13,
§
1 ;
85 Del. Laws, c. 537,
§
1 ;
§ 113 Qualifications for licenses; limitation on numbers of pilots; maximum age of licensees; neglect of duties.
(a) No license of the first, second, third, fourth, fifth or sixth class shall be granted to any person unless that person has heretofore held or does now hold such license under the laws of this State or shall have served an apprenticeship as specified herein and by the Board, nor shall any license be granted until the person applying shall have arrived at the age of 21 years, nor shall any license be granted to any person until the number of pilots licensed under the laws of this State, excluding those pilots holding inactive licenses issued per § 102(13) of this title, shall have been reduced to less than 42, and thereafter such number shall not be exceeded. The whole number of licensed pilots, excluding those pilots holding inactive licenses issued per § 102(13) of this title, shall not exceed 42 at any 1 time.
(b) No person shall be entitled to a license of the first class until that person has served for at least 1 year in each of the lower classes.
(c) Any license issued under this chapter shall become void when the licensee reaches the age of 70 years, and shall not be renewed.
(d) Except as allowed by the Board or its rules, no pilot shall be entitled to a renewal of a license if the person fails to pilot at least 52 vessels over the route during the 1 year term of the license.
(e) Any pilot who fails to exercise the pilot’s profession for any consecutive 90-day period is forbidden from piloting vessels. Such pilot may resume piloting vessels only upon certification to the Board that the pilot has made such refresher trips over the route as shall be deemed necessary by the Board to assure that the pilot is fully familiar with conditions along the route. Refresher trips shall be made in the company of a first class pilot.
(f) The provisions of subsections (a) and (b) of this section shall not apply to any person who holds a valid first or second class state license as of April 8, 1993. 16 Del. Laws, c. 449,
§
3 ;
17 Del. Laws, c. 145,
§
3 ;
17 Del. Laws, c. 554,
§
1 ;
18 Del. Laws, c. 619,
§
1 ;
21 Del. Laws, c. 271,
§
1 ;
26 Del. Laws, c. 181,
§
2 ;
Code 1915,
§
955;
Code 1935,
§
1067;
23 Del. C. 1953,
§
113;
57 Del. Laws, c. 158,
§
2 ;
58 Del. Laws, c. 511,
§
48 ;
61 Del. Laws, c. 151,
§
1 ;
62 Del. Laws, c. 105,
§
3 ;
64 Del. Laws, c. 360,
§
13 ;
69 Del. Laws, c. 20,
§
9 ;
70 Del. Laws, c. 186,
§
1 ;
72 Del. Laws, c. 87,
§
2 ;
§ 114 Apprenticeship program.
(a) According to the needs and dictates of commerce and the interests of public safety, the Board shall from time to time solicit applications for and make appointments of apprentice pilots. No person shall be appointed to be an apprentice who does not hold either a baccalaureate degree from either a recognized and duly certified college or university, or from a maritime academy operated by the United States or a state, or a United States Coast Guard issued license to serve as third-mate on all oceans or master in near coastal waters aboard vessels of no less than 1600 tons, or a higher class of license. The number of apprentices at any 1 time shall be under the control and within the discretion of the Board of Pilot Commissioners. Apprenticeship openings, as they occur, shall be advertised for a period of not less than 1 week in a daily paper of general circulation.
(b) No person shall be appointed to be an apprentice who has committed any acts which are grounds for disciplinary action under this chapter except that the Board may waive such disqualification after a hearing that may include a review of documentation demonstrating that the person meets the criteria for a waiver if it finds:
(1) More than 5 years has elapsed since the date of the felony conviction:
(2) The person is not incarcerated, on work release, probation, parole or serving any part of a suspended sentence;
(3) The person is in substantial compliance with all court orders relating to fines, restitution and community service;
(4) The person is capable of practicing river piloting in a competent and profession manner;
(5) The granting of a waiver will not endanger the public health, safety or welfare; and
(6) The person has not been has not been convicted of a felony sexual offense.
(c) No person shall be entitled to a license in any class without first having completed the apprenticeship program enacted by regulation of the Board. The period of apprenticeship shall be 4 years, excepting those apprentices who, at the time of appointment, held the above-described third-mate’s or master’s license, whose apprenticeship need be no longer than 3 years. Apprentices must make a total of at least 500 trips over the route during their apprenticeship in vessels with first or second class pilots.
(d) This section shall apply to all apprentices appointed after May 4, 1993. 16 Del. Laws, c. 449,
§
3 ;
18 Del. Laws, c. 554,
§
1 ;
21 Del. Laws, c. 271,
§
1 ;
26 Del. Laws, c. 181,
§
2 ;
Code 1915,
§
955;
Code 1935,
§
1067;
23 Del. C. 1953,
§
114;
57 Del. Laws, c. 158,
§
3 ;
62 Del. Laws, c. 105,
§
4 ;
64 Del. Laws, c. 195,
§
7 ;
65 Del. Laws, c. 229,
§
2 ;
69 Del. Laws, c. 20,
§
10 ;
81 Del. Laws, c. 304,
§
1 ;
§ 115 Term of license; renewal.
Each license shall be renewed annually, in such a manner as is determined by the Division of Professional Regulation, and upon payment of the appropriate fee determined by the Secretary of State, and submission of a renewal form provided by the Division of Professional Regulation. 16 Del. Laws, c. 449,
§
2 ;
Code 1915,
§
954;
Code 1935,
§
1066;
45 Del. Laws, c. 102,
§
1 ;
23 Del. C. 1953,
§
115;
62 Del. Laws, c. 105,
§§
5, 6 ;
64 Del. Laws, c. 360,
§
6 ;
69 Del. Laws, c. 20,
§
11 ;
70 Del. Laws, c. 186,
§
1 ;
75 Del. Laws, c. 88,
§
17(1) ;
75 Del. Laws, c. 400,
§
1 ;
§ 117 Piloting without license; penalty.
(a) Whoever exercises the profession of pilot in the Bay or River Delaware, the navigable tributaries thereof, including the C & D Canal, or upon any other waters designated as pilotage waters by the Board, without a current license granted under this chapter or under the laws of Pennsylvania shall be liable for a civil penalty equal to twice the amount of pilotage, as determined in accordance with this chapter, for each such vessel piloted. Such penalty shall be payable to the State.
(b) Any person who provides pilotage to a vessel in distress shall not be deemed to have violated this section if the person turns the vessel over to a duly licensed pilot who subsequently offers pilot services.
(c) No tugboat shall undertake to tow any vessel obligated by this chapter to employ a pilot unless such vessel has a pilot on board who is licensed under this chapter or by the Commonwealth of Pennsylvania. The master or person in charge of a tugboat which violates this section shall be deemed to be piloting without a license and shall be liable for the civil penalty described in subsection (a) of this section.
(d) Any master, owner, charterer, operator, consignee, manager or agent of a vessel required under this chapter to take a pilot, who hires or allows a person to act as a pilot in violation of subsection (a) of this section while knowing that the person does not hold a valid license issued under this chapter or by the Commonwealth of Pennsylvania, shall be jointly and severally liable for the civil penalty described in subsection (a) of this section.
(e) The State Attorney General on behalf of the Board may bring an action in the courts of this State or any other court of competent jurisdiction to enforce this section. 16 Del. Laws, c. 449,
§§
2, 15 ;
Code 1915,
§§
954, 968;
Code 1935,
§§
1066, 1080;
45 Del. Laws, c. 102,
§
1 ;
23 Del. C. 1953,
§
117;
69 Del. Laws, c. 20,
§
13 ;
70 Del. Laws, c. 186,
§
1 ;
§ 118 Grounds for discipline.
(a) Pilots regulated under this chapter shall be subject to disciplinary action if after a hearing the Board finds:
(1) Illegal, incompetent or negligent conduct in the performance of piloting;
(2) Excessive use or abuse of drugs (including alcohol, narcotics or chemicals);
(3) Failure to file a marine casualty report;
(4) Failure to obey rule of the nautical road;
(5) Violation of a lawful provision of this chapter, or any lawful regulation established thereunder;
(6) A license to practice as a river pilot has been subjected to discipline in any jurisdiction; or
(7) Conviction of a crime substantially related to the practice of river piloting.
(b) A pilot shall be subject to nondisciplinary remedial action if, after a hearing, the Board finds that there is a danger to health, safety or welfare of the public due to:
(1) Physical illness or loss of motor skill, including but not limited to deterioration through the aging process;
(2) Temporary emotional disorder or mental illness, including alcohol and/or drug abuse; or
(3) Permanent emotional disorder or mental illness.
(c) If a pilot’s physical or mental capacity to practice safely is at issue in a nondisciplinary remedial proceeding, the Board may order a pilot to submit to a reasonable physical or mental examination. Failure to comply with a lawful order to submit to a physical or mental examination shall render the pilot liable to temporary suspension or revocation of license in accordance with § 120 of this title.
(d) Where a pilot fails to comply with the Board’s request that the pilot submit to an examination or attend a hearing the Board may petition the Superior Court to order such examination or attendance, and the said Court or any judge assigned thereto shall have jurisdiction to issue each order.
(e) Subject to subchapter IV of Chapter 101 of Title 29, no license shall be restricted, suspended or revoked by the Board, and no pilot’s right to practice shall be limited by the Board, until such pilot has been given notice, and an opportunity to be heard in accordance with the Administrative Procedures Act. 16 Del. Laws, c. 449,
§
13 ;
Code 1915,
§
966;
Code 1935,
§
1078;
23 Del. C. 1953,
§
118;
65 Del. Laws, c. 229,
§
3 ;
70 Del. Laws, c. 186,
§
1 ;
81 Del. Laws, c. 304,
§
2 ;
§ 119 Fees.
Within the limits provided, the amount to be charged for each fee imposed under this chapter and to be collected by the Board, shall approximate and reasonably reflect all costs necessary to defray the expenses of the Board. 64 Del. Laws, c. 360,
§
12 ;
§ 120 Disciplinary sanctions.
(a) The Board may impose any of the following sanctions, singly or in combination, when it finds that 1 of the conditions or violations set forth in § 118 of this title applies to a pilot regulated by this chapter:
(1) Issue a letter of reprimand;
(2) Censure a pilot;
(3) Place a pilot on probationary status, and require the pilot to:
a. Report regularly to the Board upon the matters which are the basis of the probation;
b. Limit all practice and professional activities to those areas prescribed by the Board;
c. Continue or renew professional education until the required degree of skill has been attained in those areas which are the basis of the probation; and/or
d. Attend an alcohol and/or drug treatment program approved by the Board;
(4) Levy a fine not to exceed $1,000;
(5) Suspend any pilot’s license; or
(6) Revoke a pilot’s license.
(b) The Board may withdraw or reduce conditions of probation when it finds that the deficiencies which required such action have been remedied.
(c) In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person’s license, pending a hearing, upon the written order of the Secretary of State or the Secretary’s designee, with the concurrence of the Board chair or the Board chair’s designee. An order temporarily suspending a license may not be issued unless the person or the person’s attorney received at least 24 hours’ written or oral notice before the temporary suspension so that the person or the person’s attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person’s license.
(d) Where a license has been suspended due to a disability of the licensee, the Board may reinstate such license if, after a hearing, the Board is satisfied that the licensee is able to practice with reasonable skill and safety.
(e) As a condition to reinstatement of a suspended license, or removal from probationary status, the Board may impose such disciplinary or corrective measures as are authorized under this chapter. 65 Del. Laws, c. 229,
§
4 ;
69 Del. Laws, c. 20,
§
14 ;
70 Del. Laws, c. 186,
§
1 ;
79 Del. Laws, c. 213,
§
1 ;
Delaware General Assembly
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§ 121 Receipt of pilots by vessels; penalties for refusal; jurisdiction.
(a) Except vessels of less than 100 gross tons, every foreign vessel and every vessel engaged in foreign commerce or trade entering, departing or underway upon the Delaware Bay or River, the navigable tributaries thereof, including the C & D Canal, or upon such other waters designated pilotage waters by the Board, shall be obliged to receive and employ a pilot licensed under this chapter or by the Commonwealth of Pennsylvania.
(b) As used in this section, “vessel engaged in foreign trade” shall be defined as any vessel carrying any cargo loaded in a foreign port, or destined for a foreign port, as well as any vessel in ballast, having discharged its cargo of foreign origin, unless such vessel has specific orders to a port in the United States at which it is to load cargo. Orders to a vessel to proceed to Delaware Bay, to sea or any other place for orders or instructions shall not be deemed such specific orders.
(c) If the master of any vessel refuses or neglects to take a pilot, the master, owner, charterer, operator, manager, consignee or agent of such vessel shall:
(1) Forfeit and pay to any such pilot suing for the same a sum equal to the pilotage of such vessel plus attorney fees and costs to be recovered by a suit in the courts of this State or before a Justice of the Peace, or such pilot may pursue a remedy therefore by a suit in admiralty in any United States court either in personam or by proceeding in rem, to enforce the lien given the person on such ship or vessel, as such pilot may see fit and proper to do; and
(2) Be liable to pay a civil penalty of up to $25,000, payable to the State, which penalty shall be enforceable via an action to be brought by the Attorney General in the courts of this State. 16 Del. Laws, c. 449,
§
5 ;
17 Del. Laws, c. 145,
§
1 ;
18 Del. Laws, c. 619,
§
2 ;
Code 1915,
§
957;
Code 1935,
§
1069;
23 Del. C. 1953,
§
121;
62 Del. Laws, c. 105,
§
7 ;
69 Del. Laws, c. 20,
§
15 ;
70 Del. Laws, c. 186,
§
1 ;
§ 122 Exception as to receipt of pilots by certain coastal vessels.
No vessel employed in and licensed for the coasting trade shall be obliged to receive a pilot or be subjected to the payment of pilotage in case of refusal to receive such pilot, except ships or vessels bound to the states, territories or possessions of the United States on the Pacific Ocean, but a coastwide vessel voluntarily taking a pilot shall pay the pilot a fee which is no more than the fee for pilotage as prescribed in the case of a vessel bound to or from a foreign port. 16 Del. Laws, c. 449,
§
6 ;
Code 1915,
§
958;
28 Del. Laws, c. 65 ;
Code 1935,
§
1070;
23 Del. C. 1953,
§
122;
57 Del. Laws, c. 158,
§
4 ;
70 Del. Laws, c. 186,
§
1 ;
§ 123 Acceptance by inward bound vessel of pilot first offering.
The pilot who first offers services to any inward bound ship or vessel shall be entitled to take charge thereof, if the pilot’s license authorizes the pilot to pilot ships or vessels of such draught of water. Such pilot, if required, shall exhibit the license to the master or commander of such ship or vessel. In case the draught of water of such ship or vessel is greater than the pilot is licensed to carry, the pilot may, nevertheless, with the consent of the master, take charge of the ship or vessel until a pilot duly qualified offers. If such qualified pilot offers before the ship or vessel has passed Brandywine Shoals, bearing east, the qualified pilot shall be received, and the former pilot entitled to pilotage according to the distance the pilot may have conducted such ship or vessel, and the latter to the residue of the pilotage which shall be ascertained by the President of the Board of Pilot Commissioners for the time being. 16 Del. Laws, c. 449,
§
6 ;
Code 1915,
§
958;
28 Del. Laws, c. 65 ;
Code 1935,
§
1070;
23 Del. C. 1953,
§
123;
70 Del. Laws, c. 186,
§
1 ;
§ 126 Outward bound vessel to discharge pilot; penalty.
Every master or commander of a ship or vessel outward bound shall remain 6 hours after arrival at the Capes to give to the pilot on board such ship or vessel an opportunity to be taken out. If the master or commander of such ship or vessel refuses to do so, and if the same can be done without endangering the vessel, the master, owner or consignee of such ship or vessel shall forfeit and pay to such pilot, the pilot’s executors or administrators any sum not exceeding the applicable pilotage rate, to be recovered in any court of record in which the same may be sued for by a civil action or otherwise. 16 Del. Laws, c. 449,
§
7 ;
Code 1915,
§
960;
Code 1935,
§
1072;
23 Del. C. 1953,
§
126;
69 Del. Laws, c. 20,
§
18 ;
70 Del. Laws, c. 186,
§
1 ;
Delaware General Assembly
Judicial
Executive
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§ 130 Definitions.
As used in this chapter:
(1) “Deep draft vessel” shall mean any vessel which by virtue of its draft is limited in its ability to navigate such that its navigation will be of extraordinary duration or will occasion its pilot extraordinary care or trouble.
(2) “Piloting” is defined as the work of directing a ship or vessel’s movement on the waters of the Bay and River Delaware, all navigable tributaries thereof, the C & D Canal, and such other waters as may, from time to time be designated as pilotage waters by the Board.
(3) “Underway” is the condition of any vessel which is not at anchor, aground or attached by 1 or more lines ashore.
(4) “Vessel” is defined as any ship, however powered, barge, or tug and barge or other craft used or capable of being used in navigation for the transportation of cargo or passengers. 69 Del. Laws, c. 20,
§
19 ;
§ 131 Pilotage rates.
(a) For services rendered on and after January 1, 1990, the rates of pilotage for conducting a vessel from the Capes of the Delaware to a point on the Delaware River no further upriver than the Delair Railroad Bridge between Philadelphia, Pennsylvania and Delair, New Jersey, or from a point on the Delaware River no further upriver than the Delair Railroad Bridge between Philadelphia, Pennsylvania and Delair, New Jersey, to the Capes of the Delaware shall be, in either case, the charge resulting from the following computation:
(1) a. A charge, to be known as a unit charge, will be made for each pilotage, determined by length overall (in feet) multiplied by the extreme breadth (in feet) of the vessel, divided by 100.
b. For the purposes of this section, the following definitions shall be applied:
1. “Length overall” shall be the distance between the forward and after extremities of the vessel.
2. “Extreme breadth” shall be the maximum breadth between the outside of the shell platings of the vessel.
3. All measurements shall be in feet and in inches (United States). Inches shall be converted as follows:
1″=.1
4″=.3
7″=.6
10″=.8
2″=.2
5″=.4
8″=.7
11″=.9
3″=.3
6″=.5
9″=.8
(2) The charges per unit are as follows:
Effective January 1, 2025, $17.26 per unit.
Effective January 1, 2026, $17.78 per unit.
Effective January 1, 2027, $18.31 per unit.
Effective January 1, 2028, $18.86 per unit.
(3) There is a minimum charge of 200 units and a maximum unit charge as follows:
Effective January 1, 2025, 1,550 units.
Effective January 1, 2026, 1,600 units
Effective January 1, 2027, 1,600 units.
Effective January 1, 2028, 1,600 units.
(b) Every such vessel bound to the breakwater for orders shall pay pilotage fees as follows: A sum equal to 1 / 2 of the inward rates of pilotage to the port of Philadelphia, and the same fees when outwardbound from the breakwater; provided, however, if the pilot bringing such ship or vessel to the breakwater be there discharged, and the ship or vessel afterward proceed to Philadelphia or any other port or place on the Delaware Bay or River, it shall make the usual signal for a pilot, and continue to make such signal till reaching Brandywine Light, and if spoken by, or offered the services of, a duly licensed Delaware pilot before reaching Brandywine Light, shall be obliged to employ such pilot and pay such pilot for services rendered as follows: On and after January 1, 1990, the rates of pilotage for conducting a vessel from the Capes of the Delaware to a point on the Delaware River no further upriver than the Delair Railroad Bridge between Philadelphia, Pennsylvania and Delair, New Jersey, or from a point on the Delaware River no further upriver than the Delair Railroad Bridge between Philadelphia, Pennsylvania and Delair, New Jersey, to the Capes of the Delaware shall be, in either case, the charge resulting from the following computation:
(1) a. A charge, to be known as a unit charge, will be made for each pilotage, determined by length overall (in feet) multiplied by the extreme breadth (in feet) of the vessel, divided by 100.
b. For the purposes of this section, the following definitions shall be applied:
1. “Length overall” shall be the distance between the forward and after extremities of the vessel.
2. “Extreme breadth” shall be the maximum breadth between the outside of the shell platings of the vessel.
3. All measurements shall be in feet and in inches (United States). Inches shall be converted as follows:
1″=.1
4″=.3
7″=.6
10″=.8
2″=.2
5″=.4
8″=.7
11″=.9
3″=.3
6″=.5
9″=.8
(2) The charges per unit are as follows:
Effective January 1, 2025, $17.26 per unit.
Effective January 1, 2026, $17.78 per unit.
Effective January 1, 2027, $18.31 per unit.
Effective January 1, 2028, $18.86 per unit.
(3) There is a minimum charge of 200 units and a maximum unit charge as follows:
Effective January 1, 2025, 1,550 units.
Effective January 1, 2026, 1,600 units.
Effective January 1, 2027, 1,600 units.
Effective January 1, 2028, 1,600 units.
(c) The Board shall establish and enforce charges for additional services, including, but not limited to, provisions for transporting charges and a credit policy, including carrying charges and attorney’s fees. 16 Del. Laws, c. 449,
§
18 ;
18 Del. Laws, c. 619,
§
4 ;
21 Del. Laws, c. 271,
§
2 ;
Code 1915,
§
971;
28 Del. Laws, c. 65 ;
Code 1935,
§
1083;
46 Del. Laws, c. 22,
§
1 ;
23 Del. C. 1953,
§
131;
50 Del. Laws, c. 89,
§
1 ;
52 Del. Laws, c. 43 ;
53 Del. Laws, c. 312 ;
54 Del. Laws, c. 176 ;
56 Del. Laws, c. 27 ;
57 Del. Laws, c. 158,
§
5 ;
58 Del. Laws, c. 53,
§
2 ;
59 Del. Laws, c. 385,
§
1 ;
60 Del. Laws, c. 614,
§
1 ;
61 Del. Laws, c. 275,
§
1 ;
63 Del. Laws, c. 11,
§§
1-6 ;
64 Del. Laws, c. 232,
§§
1-6 ;
66 Del. Laws, c. 9,
§§
1-4 ;
67 Del. Laws, c. 198,
§§
1-6 ;
69 Del. Laws, c. 20,
§§
20-22 ;
70 Del. Laws, c. 11,
§§
1, 2 ;
70 Del. Laws, c. 186,
§
1 ;
71 Del. Laws, c. 233,
§§
1, 2 ;
73 Del. Laws, c. 13,
§
2 ;
74 Del. Laws, c. 211,
§§
1-4 ;
76 Del. Laws, c. 5,
§§
1-4 ;
77 Del. Laws, c. 254,
§§
1-4 ;
79 Del. Laws, c. 32,
§§
1-4 ;
80 Del. Laws, c. 408,
§§
1-4 ;
82 Del. Laws, c. 119,
§§
1-4 ;
83 Del. Laws, c. 372,
§
1 ;
85 Del. Laws, c. 16,
§§
1-4 ;
§ 132 Compensation of pilot carried to sea.
If it happens that any pilot having a boat attending the pilot is carried to sea in any ship or vessel, contrary to the pilot’s inclinations, by stress of weather or other unavoidable accident, the master, owner or consignee of such ship or vessel shall pay to such pilot, the pilot’s executors or administrators the same wages as the master of the vessel receives until the return of the pilot to the Capes. 16 Del. Laws, c. 449,
§
8 ;
Code 1915,
§
961;
Code 1935,
§
1073;
23 Del. C. 1953,
§
132;
64 Del. Laws, c. 360,
§
7 ;
70 Del. Laws, c. 186,
§
1 ;
§ 133 Compensation of pilot carried to other port.
When any inward bound ship or vessel having a pilot on board is prevented by the ice or by any other cause from proceeding to any port on the Bay or River Delaware, and is compelled to proceed to some other port or place not in the Bay or River Delaware, the pilot shall be entitled to receive and recover from the owner or consignee of such ship or vessel full pilotage, as if the pilot had conducted such ship or vessel to such ports, and shall also receive first-class transportation to the pilot’s usual place of abode. 16 Del. Laws, c. 449,
§
9 ;
Code 1915,
§
962;
Code 1935,
§
1074;
23 Del. C. 1953,
§
133;
64 Del. Laws, c. 360,
§
8 ;
70 Del. Laws, c. 186,
§
1 ;
§ 134 Compensation for extraordinary piloting services.
Any vessel which has suffered any casualty limiting the capabilities of its steering, propulsion or navigational equipment or which is otherwise limited by its speed, draft or other factor in its ability to navigate such that its navigation will be of extraordinary duration or will occasion its pilot extraordinary care or trouble shall be obliged to receive 2 licensed pilots and to pay to each the full amount of pilotage required by this chapter; in the event that such services are provided by a single pilot, the pilot may charge up to double the pilotage amount calculated in accordance with the rates of this chapter. 16 Del. Laws, c. 449,
§
11 ;
Code 1915,
§
964;
Code 1935,
§
1076;
23 Del. C. 1953,
§
134;
64 Del. Laws, c. 360,
§
9 ;
69 Del. Laws, c. 20,
§
23 ;
70 Del. Laws, c. 186,
§
1 ;
§ 135 Ships detained to discharge pilot; compensation.
When any ship or vessel having a pilot on board is detained by order of the master, owner or consignee of such vessel by quarantine or by ice and conducted by such pilot to a place of safety, the master of any such ship or vessel may discharge the pilot, and in such case the pilot shall be entitled to receive and recover full pilotage, and the compensation for such detention shall be $100 per day for every day the pilot is detained. 16 Del. Laws, c. 449,
§
12 ;
18 Del. Laws, c. 619,
§
3 ;
Code 1915,
§
965;
Code 1935,
§
1077;
46 Del. Laws, c. 113,
§
2 ;
23 Del. C. 1953,
§
135;
69 Del. Laws, c. 20,
§
24 ;
70 Del. Laws, c. 186,
§
1 ;
§ 136 Compensation for detention.
Any pilot retained as pilot on a vessel inward bound to the Delaware Breakwater shall be allowed detention money at the rate of $100 for every 24 hours or any portion thereof that the pilot may have been retained, after the expiration of 24 hours from the time the anchor has been let go, off the Breakwater. If a vessel is eventually ordered to Philadelphia or other port on the Delaware Bay or River and the same pilot has been retained, the local charge for inward pilotage shall be 1 full inward pilotage and detention money as provided in this section. If the pilot is discharged at the Breakwater, and the same or another pilot afterward employed to pilot the vessel to Philadelphia or other port on the Delaware Bay or River, the total inward pilotage shall amount to 1 1 / 2 inward pilotage and detention money as provided in this section. 16 Del. Laws, c. 449,
§
5 ;
18 Del. Laws, c. 619,
§
2 ;
Code 1915,
§
957;
Code 1935,
§
1069;
46 Del. Laws, c. 113,
§
1 ;
23 Del. C. 1953,
§
136;
69 Del. Laws, c. 20,
§
25 ;
70 Del. Laws, c. 186,
§
1 ;
§ 137 Legal fee limits; penalty.
No licensed pilot shall demand, ask or receive, for any pilotage of any vessel or for any other services for which compensation is fixed by law, a greater sum than is authorized by this chapter. The Board of Pilot Commissioners, whenever it has been satisfactorily proven to it that any licensed pilot has demanded, asked or received for the pilotage of any vessel or services on board any vessel a greater sum than is authorized by this chapter, shall deprive such pilot of a license for the term of 1 year from the time when proof thereof has been made to it. 16 Del. Laws, c. 449,
§
14 ;
Code 1915,
§
967;
Code 1935,
§
1079;
23 Del. C. 1953,
§
137;
70 Del. Laws, c. 186,
§
1 ;
§ 138 Pilotage for outbound deep draft vessels.
Outbound deep draft vessels shall be assigned 2 pilots for the outbound passage, and the vessel’s pilotage rate for such passage shall be doubled to account for the use of the 2 pilots. 69 Del. Laws, c. 20,
§
26 ;
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