Maritime Pilotage Regulations, 2003

L.N.96 of 2003

MALTA MARITIME AUTHORITY ACT

(CAP. 352)

Maritime Pilotage Regulations, 2003

IN exercise of the powers conferred by articles 28 and 64 of the

Malta Maritime Authority Act, the Minister for Transport and

Communications, after consultation with the Malta Maritime Authority,

has made the following regulations:-

PRELIMINARY

The title of these regulations is the Maritime Pilotage Title and

Regulations, 2003, and they shall come into force on such date as the commencement.

Minister responsible for ports may by notice in the Gazette appoint,

and different dates may be so appointed for different provisions or for

different purposes of these regulations.

These regulations, the Pilotage Agreement and the Code of Scope.

Conduct referred to in regulations 6 and 25 hereof shall regulate the

provision of pilotage services within the ports of Malta in accordance

with the Act.

In these regulations, unless the context otherwise requires:-

Interpretation.

“ Act” means the Malta Maritime Authority Act;

“Authority” means the Malta Maritime Authority as

established by the Act;

“Board” means the Pilotage Board established in virtue of

article 55 of the Act;

“Chief Pilot” and “Deputy Chief Pilot” means those pilots

elected in accordance with and for the purpose of regulation 18

hereof;

“compulsory pilotage port” means a port declared as such in

Part III of the First Schedule to the Act;

“Director” means the Executive Director responsible for ports

appointed under article 8 of the Act, or any person or officer

authorized by him to act on his behalf;

“Length Overall (LOA)” means the overall length of the

vessel from the foreside of the foremost fixed permanent structure

to the afterside of the aftermost fixed permanent structure of the

vessel;

“Minister” means the Minister responsible for ports and

shipping;

“pilot” means a person holding a licence granted by the

Authority in terms of regulation 7 to pilot ships and it shall also

include the Chief Pilot and the Deputy Chief Pilot;

“pilot launch” means a boat or ship employed in the rendering

of pilotage services;

“pilotage agreement” has the meaning assigned to it in

regulations 4 and 6 hereof;

“pilot launch dues” shall be the amount payable by the ship

for the provision of the pilot launch;

“pilotage fee” shall be the fee charged by the service provider

for the provision of the pilotage service in accordance with these

regulations and the Agreement referred to in regulation 6 hereof;

“pilotage tariff” shall be the whole amount due by the ship

for the provision of the pilotage service as specified in the Schedule

to these regulations, and shall include the pilotage fee due to the

service provider, the social contributions due in accordance with

regulation 34 of these regulations and other fees as may be charged

by the Authority in connection with pilotage on the order of the

Minister;

“port” shall have the same meaning as that assigned to it in

the Act;

“senior pilot” means a Class 1 pilot who is authorized by the

Authority to perform all pilotage services without limitations

relating to particular ships, ports or parts thereof;

“service provider” means that association, co-operative

society or company made up of a group of pilots licensed according

to these regulations, whose number is equal to that required for

the provision of pilotage services according to regulation 4(2)

hereof

Provided that if the number of persons licensed to provide

pilotage services under these regulations falls below that required

under the said regulation 4(2), the group shall consist of such

number of licensed pilots;

“ship” shall have the ame meaning as that assigned to it in

the Act;

“technical committee” means a committee made up of

representatives of the Authority and of the service provider, the

precise composition and functions of which shall be determined

by the pilotage agreement.

PILOTAGE

(1) (a) Subject to the provisions of the Act, the Authority Organization of

shall organize and ensure the provision of pilotage services in the ports pilotage

by entering into a pilotage agreement in terms of regulation 6(1) hereof

with a service provider.

(b) If a service provider fails to provide the pilotage service

in accordance with these regulations and with the pilotage

agreement, in cases of emergency the Authority may seek to engage

competent persons so as to ensure the proper running of the pilotage

service.

(c) Prior to entering into an agreement with a service

provider, the Authority shall ensure that the structure of the entity

is such as to allow for the adequate provision of pilotage services

in accordance with these regulations and the pilotage agreement.

(2) The Authority shall establish, in accordance with the

pilotage agreement, the number of licensed pilots required for the

provision of pilotage services at any one time taking into account market

considerations and the efficacy of the service to be provided.

(3) Pilotage shall be under the supervision and regulation of

the Authority.

(1) The function of a pilot on board a ship is to provide Function of the

information and advice to the master of the ship, as well as to assist the pilot.

master and the ship’s navigating officers to make safe passage through

the pilotage area or areas for which the pilot is engaged.

(2) Despite the presence of a pilot on a ship, the master of

the ship continues to be responsible for the conduct and navigation of

the ship in all respects.

(1) The Authority shall enter into a pilotage agreement

with the service provider.

(2) There shall be a Code of Conduct annexed to the pilotage

agreement outlining standards that the pilots are to adopt and procedures

that they are to follow in the provision of pilotage services. The Code

of Conduct shall form an integral part of the pilotage agreement.

(1) For the purposes of regulation 4 and subject to the

provisions of the Act and of these regulations, the Authority, following

the advice of the Board, may grant licences to persons to act as pilots.

(2) The person in whose favour a licence is issued must

pay to the Director a fee as is established from time to time by the

Authority.

(3) Such licence may be revoked by the Authority in terms

of these regulations.

(4) Subject to the provisions of the Act, when issuing a

licence under these regulations, the Authority may attach such conditions

to the licence as specified in regulation 13 of these regulations.

(1) The Authority may suspend or revoke a pilot’s licence

issued by it on the grounds referred to in these regulations. Such licence,

if so revoked, shall cease to have effect and, if so suspended, it shall

cease to have effect for the period for which it is suspended.

(2) In such cases when the Authority revokes or suspends a

licence, the licence shall be returned to the Authority within twenty

four hours.

(3) A person whose licence has been suspended or revoked

shall have a right to appeal to the Board from the decision of the Authority

by application within 15 days of the notification to him of the decision.

(1)

No person shall be licensed to serve as a pilot unless

such person -

(a) is a citizen of Malta, provided that the Authority may,

on the advice of the Board, issue a licence to a citizen of another

country if such applicant complies with the provisions of these

regulations and no citizen of Malta qualified to serve as a pilot

offers his services;

(b) is not less than twenty-three years of age and not over

forty years of age on the closing date for the submission of

applications;

(c) produces satisfactory evidence of good character and

sobriety of conduct;

(d) has been declared to be physically and mentally fit to

serve as a pilot by a medical board appointed by the Authority and

in accordance with appropriate standards of medical fitness

established by the Authority to ensure that a pilot does not have a

condition that could jeopardize or hinder the safe conduct of

pilotage operations;

(e) possesses one of the following qualifications in the

following order of priority

(i) a certificate of competency of Master of a ship of

3000 GT or more without limitations (STCW Regulation II/

2) issued by the Authority in terms of the Merchant Shipping

Act, Merchant Shipping (Training and Certification)

Regulations, 2002 as amended;

(ii) an equivalent certificate to (i) issued by the relevant

Authority of a flag state that is party to the International

Convention on Standards of Training, Certification and

Watchkeeping for Seafarers, 1978 as amended;

(iii) a certificate of competency of Chief Mate of a ship

of 3000 GT or more without limitations (STCW Regulation

II/2) issued by the Authority in terms of the Merchant Shipping

Act, Merchant Shipping (Training and Certification)

Regulations, 2002 as amended;

(iv) an equivalent certificate to (iii) issued by the

relevant Authority of a flag state that is party to the

International Convention on Standards of Training,

Certification and Watchkeeping for Seafarers, 1978 as

amended;

(v) a certificate of competency for grades not lower

than officer in charge of a Navigational Watch of an ocean

going ship issued in accordance with the provisions of the

Merchant Shipping Act or an equivalent certificate issued by

a foreign competent authority acceptable to the Authority;

(vi) a certificate of competency of Commercial Vessel

Master issued by the Authority in terms of the Malta Maritime

Authority Act, Commercial Vessels Regulations 2002, as

amended.

(f) produces satisfactory evidence that he has not less than

six years relevant experience at sea;

(g) has passed the appropriate examination prescribed in

regulation 10 of these regulations;

(h) is able to read, write and speak Maltese and English

fluently;

(i) has served as a trainee pilot in accordance with the

provisions of these regulations.

(2) No person shall be licensed to serve as a pilot if he has

been found guilty of any criminal offence which in the opinion of the

Authority is deemed to be detrimental to the provision of pilotage

services as a whole.

(1) A person wishing to obtain a pilot’s licence must first

obtain a licence to serve as a trainee pilot. Before a licence is granted to

a candidate to serve as a trainee pilot the Authority and the Board shall

be satisfied that such candidate -

(a)

satisfies the provisions of regulations 9 (l) (a) to ( h) and

9 (2);

(b) has passed, to the satisfaction of the panel of examiners

appointed by the Board from the technical committee, a written

and, or oral examination based on a syllabus which is published

from time to time by the Authority.

(2) Before sitting for the aforementioned examination, each

candidate shall pay the Director a fee established from time to time by

the Authority.

(3) When in the case that more candidates than the number

of applicants needed to fill the vacancy or vacancies are successful in

the examination, which would be of a qualifying nature, the order of

merit which would thereafter determine the placement of candidates

would be established by the Board on the advice of the panel of

examiners. The Board may give preference to those successful

candidates who hold superior qualifications and who have the most

suitable practical experience.

(1) When a candidate satisfies the requirements of Licence to serve as

regulation 10 of these regulations, the Authority, on the advice of the trainee pilot.

Board, may issue to such candidate a licence to serve as a trainee pilot

subject to such conditions as the Authority, on the advice of the Board,

may deem fit.

(2) A licence issued in terms of regulation 11(1) shall, unless

previously revoked, remain valid for a period of six months from the

date of issue, during which time the licensee shall be deemed to be a

trainee pilot.

(3) The trainee pilot shall be renumerated during his

traineeship by the service provider.

(1) In order to qualify for a licence to serve as a pilot, a Licence to serve as

trainee pilot shall, not earlier than the fourth month and not later than pilot.

the sixth month from the date of issue of the trainee licence, satisfy the

Authority

(a) that he has accompanied a licensed pilot on not less than

four hundred pilotage operations on board ships, while such ships

were entering or leaving the compulsory pilotage ports, of which

one hundred must be done during the night and one hundred must

be inward bound;

(b) that the trainee has all such moves referred to in

paragraph (a) hereof recorded in a special log book kept for this

purpose in which shall be recorded the ship, date, nature of move

and countersigned by the accompanied pilot. Each log sheet is to

be countersigned by the Chief Pilot at the end of the traineeship;

(c) that he has acquired necessary knowledge of the relevant

legislation and pilotage practice and operations, particularly in so

far as these regulations refer to the report, movement and berthing

of ships;

(d) that he has detailed knowledge of the information that

should be passed to the Master of the ship as well as detailed

knowledge of the information that should be received from such

Master.

(2) A trainee pilot who fails to satisfy the provisions

prescribed in sub-regulation (1) hereof may be allowed to undergo further

training for a period not exceeding six months.

(3) A trainee pilot who satisfies the requirements prescribed

in sub-regulation (1) hereof shall be issued a licence to serve as a pilot,

by the Authority.

(4) A licence issued in terms of sub-regulation (3) shall be

automatically revoked if within fifteen days from its date of issue the

pilot has not become a member of the service provider.

(5) The service provider is obliged to accept as a member a

pilot as soon as he has obtained his licence.

(1) Pilots shall be divided into the following classes:-

(a) Class 1 Pilots: Pilots licensed to pilot any ship;

(b) Class 2 Pilots: Pilots licensed to pilot ships up to 300

metres LOA;

(c) Class 2A Pilots: Pilots licensed to pilot ships up to 250

metres LOA;

(d) Class 3 Pilots: Pilots licensed to pilot ships up to 200

metres LOA;

(e) Class 3A Pilots: Pilots licensed to pilot ships up to 175

metres LOA;

(f) Class 4 Pilots: Pilots licensed to pilot ships up to 150

metres LOA;

(g) Class 4A Pilots: Pilots licensed to pilot ships up to 130

metres LOA.

(2) Prior to his application to the Authority for classification

as a Class 4 pilot, a Class 4A pilot must have first served for at least 10

months as a Class 4A pilot and must have accompanied a pilot for at

least 100 moves (25 of which must be during the night) on ships over

130 metres LOA.

(3) Prior to his application to the Authority for classification

as a Class 3A pilot, a Class 4 pilot must have served for at least 10

months as a Class 4 pilot and accompanied a pilot for at least 75 moves

(20 of which must be during the night) on ships over 150 metres LOA.

(4) Prior to his application to the Authority for classification

as a Class 3 pilot, a Class 3A pilot must have served for at least 10

months as a Class 3A pilot and accompanied a pilot for at least 50

moves (13 of which must be during the night) on ships over 175 metres

LOA.

(5) Prior to his application to the Authority for classification

as a Class 2A pilot, a Class 3 pilot must have served for at least 10

months as a Class 3 pilot and accompanied a pilot for at least 30 moves

(10 of which must be during the night) on ships over 200 metres LOA.

(6) Prior to his application to the Authority for classification

as a Class 2 pilot, a Class 2A pilot must have served for at least 10

months as a Class 2A pilot and accompanied a pilot for at least 15

moves (5 of which must be during the night) on ships over 250 metres

LOA.

(7) Prior to his application to the Authority for classification

as a Class 1 pilot, a Class 2 pilot must have served for at least 10 months

as a Class 2 pilot.

(8) The moves referred to in sub-regulations 13(2) to 13(7)

must be recorded in a special logbook kept for this purpose indicating

ship particulars, date, and nature of move. Each entry shall be

countersigned by the accompanied pilot and Chief Pilot.

(9) The pilot who is to have his licence upgraded can present

proof of his training by the ninth month so that his application can be

processed by the Authority in time to upgrade his licence when due.

(10) The application of a pilot to the Authority requesting

a licence upgrade shall be accompanied by a copy of the recorded moves

referred to in sub-regulation 13(8).

(11) Once an application for an upgrade accompanied by

the records referred to in 13(10) has been presented by the pilot to the

Authority, the Authority shall issue the upgrade unless such pilot has

during the previous ten months been found negligent in the conduct of

his duties by the Disciplinary Committee appointed by the Board. .

(12) In the cases referred to in 13(11), where a Disciplinary

Committee finds a pilot negligent in the conduct of his duties the

Authority will determine that period of time, which shall not be longer

than a further ten months, during which the pilot concerned must

continue to operate in the Class from which he is applying for an upgrade

before such pilot is able to reapply for such upgrade.

(13) If a pilot fails to upgrade his licence as specified in

sub-regulations (2) to (7) hereof for each category within a period not

exceeding 18 months his licence may be revoked

Provided that the pilot shall have a right of appeal in terms of

regulation 8(3) of these regulations.

(14) Under no circumstances except as stated in sub-

regulation 13(15) and except when accompanying a pilot for the

purposes of sub-regulations 13(3) to 13(7), may a pilot pilot a ship in

excess of the limits stipulated in his licence.

(15) Notwithstanding the restrictions in sub-regulation

13(14) hereof the Director may, at his discretion and having regard to

a) the circumstances, and

b)

the specification of any ship,

on the request of the Chief Pilot and subject to the pilot’s

consent, authorize a pilot to pilot ships outside the parameters of

his licence.

(16) Such authorization must be given to the Chief Pilot in

writing and signed by the Director. If such authorization is required

outside office hours, it will be given by the Director verbally and

confirmed in writing as early as practicable.

(17) The Chief Pilot shall inform and authorize the pilot

concerned and shall give such pilot a copy of the authorization referred

to in subregulation (16) as soon as practicable.

(18) The Chief Pilot shall be guilty of an offence under these

regulations if he instructs a pilot to pilot a ship outside the parameters

of his licence without the required authorisation in accordance with

sub-regulations (15) and (16) hereof.

(1) A licensed pilot who fails to perform regular pilotage

services for a period of 12 months shall have his licence revoked by the

Authority unless this failure is due to medical reasons or other

circumstances acceptable to the Authority.

(2) Such pilot shall have a right of appeal in terms of

regulation 8(3).

(3) The Authority may, in agreement with the Service

Provider, exempt the Chief Pilot from providing regular pilotage services

if his services are required elsewhere in connection with pilotage

technical matters.

(1) When there is a vacancy for pilots, the service Recruitment of

pilots.

provider must notify the Authority; the Authority shall publish a notice

to that effect and shall request the Board to organise the holding of

examinations in accordance with regulation 10 hereof.

(2) If the vacancy is due to retirement the service provider

shall inform the Authority at least six months before so that the Authority

can initiate the recruitment process.

(3) The panel of examiners appointed by the Board by virtue

of regulation 10(1)(b) shall submit the results of the examination held

in terms of these regulations to the Board and shall show the order of

merit obtained by all candidates.

(1) The Authority shall appoint a Medical Board to Medical

examination and

examine whether a pilot is physically and mentally fit for the proper age limit.

discharge of his duties and in any case when a pilot attains forty years

of age and thereafter at the end of every fifth year.

(2) If the Medical Board under sub-regulation (1) hereof

certifies that the pilot is no longer fit to carry out his duties, the Authority

shall revoke the licence.

(3) A licence issued under these Regulations shall be

automatically withdrawn on the day that the licensee is 61 years of age

Provided that the Authority may, in accordance with the

pilotage agreement, extend the validity of such licence if on medical

examination the licensee is found to be physically and mentally fit to

serve as a pilot by a Medical Board appointed by the Authority.

Duties of the service

It shall be the duty of the service provider to

provider.

a) conduct the administration of the pilotage service;

b) make an equitable distribution of the pilotage load

amongst the pilots;

c) distribute the watches amongst the pilots in accordance

with the pilotage agreement;

d) keep general discipline and good order amongst the pilots;

e) provide the Director with such statistical information as

he may require, including statistics relating to the attendance and

absenteeism of pilots and annual audited accounts;

f) ensure that equipment used by the pilots is at all times

available and in good working order;

g) take steps to acquire alternative equipment as may be

necessary;

h) liaise with the Director on pilotage matters and submit

any reports as may be requested by such Director;

i)

administer the pilots’ office or offices;

j) perform pilotage duties as specified in the pilotage

agreement and these regulations, and other duties which may arise

from time to time in connection with the provision of pilotage

services;

k) recommend measures to the Director to further enhance

the pilotage service;

l) provide the Authority with the identity of the member or

members having the judicial representation of the service provider.

(1) One of the licensed pilots shall be a Chief Pilot, who

shall be assisted by a Deputy Chief Pilot, both of whom shall be Class

(2) The serving pilots shall, following an election, nominate

from amongst the Class 1 Pilots a candidate for the position of Chief

Pilot. The candidate so nominated shall be appointed by the Authority

on advice of the Board and upon approval by the Minister.

(3) The Deputy Chief Pilot shall be chosen by the pilots on

the basis of an election.

(4) If the serving pilots fail to nominate a pilot for the post

of Chief Pilot within one month from the vacancy of the post of Chief

Pilot, the Board may itself make such nomination to the Authority.

(5) The Chief Pilot and the Deputy Chief Pilot shall hold

such office for a period of three years, which may be renewed following

the procedure mentioned above.

(6) The Minister may, acting on the advice of the Board

and, or Authority, remove the Chief Pilot if he is no longer suitable to

hold such office.

(7) For the purposes of sub-regulation (6), the grounds on

which the Chief Pilot shall be deemed to be no longer suitable to hold

such office shall include

(a) if for any reason whatsoever his licence is revoked or

suspended;

(b) if he is no longer capable of performing his duties under

these regulations and, or the agreement;

(c) if he has been found guilty of misconduct or any other

disciplinary breach by the Disciplinary Committee in accordance

with these regulations;

(d) if a vote of two-thirds of all serving pilots is taken in

favour of his removal from the position of Chief Pilot.

(8) The Chief Pilot shall at all times liaise with the pilots

and with the Director.

(9) It shall be the duty of the Chief Pilot to

a) keep good order and discipline amongst the duty pilots;

b) be a reference point for the Authority in respect of

technical matters relating to the Pilotage Service;

c) liaise with the Director on pilotage matters and submit

any reports as may be requested by such Director;

d) comply with any reasonable directive given to him by

the Director in connection with the provision of pilotage services;

e) perform any other duties required of him under these

regulations.

(10) The Deputy Chief Pilot shall assume the duties of the

Chief Pilot during such time as the Chief Pilot is absent from his duties

and if the situation so arises, until such time as another Chief Pilot is

nominated and appointed.

PILOTAGE PROCEDURE

(1) The request for the attendance of a pilot or pilots

aboard a ship shall be made by the ship’s master or ship’s agent to the

Director in accordance with directives issued by the Director from time

to time and in accordance with the pilotage agreement.

(2) Should a ship require a pilot or other related service at

short notice, she shall make the appropriate signals as prescribed in the

I.M.O. International Code of Signals.

(1) Every master shall ensure that the procedure for

boarding and disembarking from ships is in accordance with SOLAS

Regulation V/23 (Pilot Transfer Arrangements).

(2) The pilot may request the master of a ship which he is

piloting to declare to him the particulars of the ship’s draft, state of

readiness of engines and navigational aids, and other information relating

to the ship as the pilot specifies and is reasonably necessary to enable

the pilot to carry out his duties as the pilot of the ship.

(3) The master shall also bring to the notice of the pilot any

defects in, and any matter peculiar to the ship, her machinery and

equipment, of which the master is aware and which might materially

affect the navigation of the ship.

No ship shall hoist or display a pilot flag indicating that a

pilot is on board unless such ship -

a) is a pilot launch on duty, or

b) is being piloted by a pilot licensed according to these

regulations.

A pilot shall not berth or shift any ship from her berth

without the approval of the Director.

Subject to the provisions of any other laws or regulations,

a pilot shall, when assigned to an operation, be deemed to have full

control over mooring men and pilot launch crew assigned with him to

that operation.

Subject to the provisions of any laws or regulations, a pilot

shall, when assigned to an operation, be deemed to have full control

over the pilot launch.

When providing pilotage services, each pilot shall implement Code of Conduct.

a high standard of care and skill as established by the Code of Conduct

referred to in regulation 6(2) hereof.

(1) The pilot shall complete a Certificate of Pilotage Service Certificate of

outlining the pilotage service he has rendered, to be signed by the ship’s pilotage services.

master in respect of each service he performs.

(2)

The format of such certificate shall be agreed to by

the Authority and the service provider.

(1) When providing pilotage services the pilot shall liaise Liaison with Chief

as required with the Director or his office as delegated in order to record Pilot

Director.

the proceedings of the said service.

(2) Whenever a duty pilot perceives or encounters any

difficulties in the provision of the services, he shall immediately

communicate this to the Chief Pilot who if necessary shall liaise with,

or seek the direction of the Director.

(3) It shall also be the duty of the pilot to draw to the attention

of the Chief Pilot, who shall in turn inform the Director, any deficiencies

on ships piloted, or any other occurrence that may affect the safe

manoeuvre of the ship or the safety of personnel.

(4) Pilots shall immediately report to the Chief Pilot and

the Director any environmental concerns, navigational hazards or defects

in navigational aids.

(5) It shall be the duty of the Authority to ensure the safe

and efficient use of ports, their approaches and allocated berths.

(6) The pilot shall, however, be obliged to follow the written

instructions of the Director received prior to boarding the ship, even if

such instructions may appear to conflict with already existing available

printed data

Provided that in an emergency such written instructions may

be dispensed with.

(l) A pilot shall immediately report to the Chief Pilot and Reports of

the Director any accident involving the ship which he is serving, accidents.

particularly any incidents or accidents that may have resulted in damage

to port facilities and, or third parties.

(2) A pilot shall also immediately report to the Chief Pilot

and the Director any near misses or any concerns in respect to navigation

as expressed by the master or pilot whilst piloting a ship.

(3) Such notification shall be followed by a formal written

report which shall reach the Chief Pilot and the Director not later than

twenty four hours after the occurrence of such incident or accident.

(4) The report mentioned in this regulation shall not be made

available to any person without the approval of the service provider

and, or the Director and, or by order of a competent court.

(5) Notwithstanding any proceedings which may be taken

under any law, the Director may take disciplinary action against any

pilot who fails to comply with the provisions of this regulation.

(1) A pilot shall board and disembark from ships at the

pilot boarding and disembarking stations as established by the Director.

(2) The Director may authorize a pilot to board or disembark

from a ship inside the port if the weather is such as to preclude the pilot

launch from safely transferring a pilot outside such port.

(3) A pilot who does not comply with the provisions of sub-

regulations (1) hereof shall explain his actions to the Director within

two working days, and if the Director is not satisfied with such

explanation, he may take disciplinary action against the pilot concerned.

(1) Subject to the following citeria the Authority may

provide Shore Based Pilotage

(a) the shore based pilotage service shall be provided only

in areas as established by the Authority;

(b) the shore based pilotage service shall be rendered by

the service provider through its licensed pilots for the purpose of

(i)

piloting ships to the pilot launch; and, or

(ii) piloting ships when pilots cannot embark or

disembark at sea.

(2) Shore based pilotage shall only be provided when

(a) required and accepted by the master of the ship and

allowed by the Director; and

(b) the pilot rendering the shore based pilotage considers it

possible.

(3) Masters of ships employing shore based pilotage shall

be obliged to accept a pilot as soon as embarkation is possible.

(4) The Authority in consultation with the service provider

shall establish the norms under which such service shall be rendered.

The Authority shall organize, operate and manage a pilot The Pilot launch.

launch service in connection with the provision of pilotage services.

PILOTAGE TARIFFS AND REMUNERATION

The administration, collection and recovery of the pilotage Administration of

tariff and the disbursements of this tariff shall be the responsibility of pilotage tariffs.

the Authority.

Subject to the provisions of these regulations, the service Pilots’

remuneration.

provider shall be remunerated for pilotage services and for work

connected thereto in accordance with the pilotage agreement.

(1) Pilotage tariffs shall be those in the Schedule to these Tariffs.

regulations.

(2) The social security contributions to be paid by the

persons mentioned in sub-regulation 34(3) in terms of Article 57 of the

Act shall be deemed to form part of the tariff.

(3) Pilotage tariffs shall be paid directly to the Director

within a period of eight days by

a) the owner, charterer, master or agent of a ship in respect

of which pilotage services were performed; or

b) by the person who requests pilotage services in respect

of a ship.

(4) Interest shall accrue on any overdue pilotage tariff and,

or any other payments payable to the Authority under these regulations

from the date of presentation of the invoice until full payment is effected

at the rate of two per centum per month or part thereof.

(1) The Director may require any person who in terms of Deposit or bank

guarantee.

regulation 34(3) is bound to pay the pilotage tariff, to make a deposit,

or to furnish a bank guarantee issued by a local bank in favour of the

Authority in such amount as the Director considers sufficient to cover

payment of such tariff.

(2) The Director may recover any pilotage tariff out of such

deposit or bank guarantee if such tariff is not paid within eight working

days from the day on which payment is demanded.

(3) Whenever the Director takes such measure he shall

promptly give the person who has made the deposit or furnished the

guarantee an account of such payments recovered therefrom

(4) If the person so directed to make such deposits

contravenes the provisions of this regulation he shall be liable to the

payment of a penalty not exceeding Lm5,000.

The Authority shall remit to the Service Provider the

pilotage fee established in accordance with these regulations and the

pilotage agreement.

(1) No pilot shall demand or receive any dues or other

remuneration in respect of a standard pilotage service other than those

specified in the pilotage agreement.

(2) Any pilot who contravenes the provisions of sub-

regulation (1) hereof shall be liable for each such contravention to a

disciplinary penalty not exceeding Lml00.

(3) No person shall pay a pilot any dues or remuneration in

respect of pilotage services other than those specified in the pilotage

agreement.

(4) Any person who contravenes the provisions of sub-

regulation (3) shall be guilty of an offence and on conviction shall be

liable to a fine (multa).

Disciplinary proceedings amongst pilots and trainee pilots

shall be administered by the Board according to Article 55 of the Act

Provided that in cases of breach of a pilot’s obligations under

the Code of Conduct, the Authority shall have the right to temporarily

suspend a pilot’s licence pending disciplinary action by the Board.

Provided further that if the Authority takes the action

contemplated in the above proviso and suspends a pilot, and the eventual

decision of the Board is such as to find the suspension unjustified, the

Authority shall pay to the pilot the earnings he would have been entitled

to during such period and would have lost as a result of such suspension.

(1) The Board shall appoint a Disciplinary Committee The

Committee.

consisting of three members, one of whom shall be elected as chairman

of the Committee

Provided that in any particular case, no member of the Board

who initiated disciplinary action or who has some personal interest in

such case shall be eligible to sit on the Disciplinary Committee and the

Disciplinary Proceedings appointed to hear such case.

(2) It shall be the duty of the Disciplinary Committee to

a) investigate cases brought before it by the Director;

b)

summon witnesses;

c) appoint experts to assist when necessary;

d)

hear evidence on oath;

e) make recommendations to the Board on the cases

investigated by it.

(3) In the exercise of the powers in accordance with

paragraphs (b) to (d) of sub-regulation (2) hereof, the Disciplinary

Committee shall have the powers which are conferred by law on the

First Hall of the Civil Court.

(4) Provided that

a) the Disciplinary Committee shall not be enabled to order

the detention of any person; and

b) the duties of the Court Marshall and the Court Usher

shall be performed by members of the Executive Police detailed

for the purpose by the Commissioner of Police.

(5) The Chairman of the Disciplinary Committee shall sign

the summons and administer oaths to witnesses.

(6) The Disciplinary Committee shall conduct all

disciplinary proceedings in accordance with the provisions of these

regulations.

The Board shall consider the recommendations of the Board to consider

recommendations.

Disciplinary Committee and shall thereafter take such disciplinary

decision in accordance with the provisions of these regulations.

No member of the Disciplinary Committee shall be

debarred from taking part in the disciplinary proceedings of the Board.

The decisions of the Board shall be final and binding.

(1) The Director shall institute disciplinary proceedings

against any pilot who has contravened any provisions of these regulations

or who in the course of, or in connection with his duties is negligent, or

has carried out his duties in an inappropriate manner or has acted

inappropriately when on duty or fails to comply with any reasonable

directive given by the Director.

(2) Such proceedings shall be instituted by the Director

within twenty-one days from the date on which the Director becomes

aware of the act or omission which has given rise to such disciplinary

action

Provided that in the case of an offence resulting from the

award of a Court of Inquiry convened in terms of the Merchant Shipping

Act, or in the case of an offence in respect of which criminal proceedings

have been instituted, the Director shall be deemed to have become aware

of such offence on the date on which the Court gives its award or

judgment as the case may be.

The Director shall, within the time specified in regulation

43(2), communicate to the pilot concerned a detailed statement in writing

clearly specifying the charge or charges against him, and setting out the

particulars of the evidence relied upon to support such charge or charges.

In making a charge the Director shall demand a written

explanation from the pilot concerned within fifteen days from the date

on which such charge is communicated to such pilot. In default of such

written explanation the charge shall be deemed to have been admitted

and the Director shall refer the matter to the Board for its decision without

the need for the Board to appoint a Disciplinary Committee.

The Director shall notify the pilot concerned of the charge

Notification of pilot.

made against him either by having such charge delivered to him

personally or by sending it to him by registered post.

In replying to a charge, the pilot concerned may reserve the

right to make oral submissions to the Disciplinary Committee.

The Director shall acknowledge in writing the receipt of

such reply and shall indicate the date on which it is received by him.

If the Director decides to refer the matter to the Board he

must refer the matter to the Board within fifteen days from the receipt

of the pilot’s reply or from the day when the pilot should have submitted

his reply.

The Board shall, within fifteen days from receipt of the letter Time for hearing

and concluding

from the Director containing the complaint against the pilot, nominate disciplinary

a Disciplinary Committee to hear and investigate the complaint.

proceedings.

(1) The Disciplinary Committee shall commence the

hearing of any case brought before it within fifteen days of its

nomination.

(2) The hearing of a case is deemed to have commenced

when the Disciplinary Committee commences a discussion of the case

brought before it.

(3) The pilot charged shall be informed of the date of

commencement and shall have the right to attend all disciplinary

hearings.

(4) The Disciplinary Committee shall conclude the hearing

of the case and shall make submissions to the Board within sixty days

from the commencement of the hearing

Provided that in exceptional cases the Board may, for valid

reasons, extend such period by further periods of thirty days.

(1) When replying to a charge or when appearing before Pilot assisted by

the Disciplinary Committee, the pilot against whom disciplinary another person.

proceedings are being taken may be assisted by a person of his choice.

(2) Such pilot may request the Disciplinary Committee to

summon witnesses in his defence and the Disciplinary Committee shall

duly summon such witnesses, and he or the person assisting him may

cross-examine such witnesses.

(1) The Disciplinary Committee shall notify the pilot Notice of hearing.

against whom disciplinary proceedings are being taken and shall

summon any witnesses to appear before it on the day, time and place

fixed for the hearing of such proceedings.

(2) Such notification or summons shall be signed by the

Chairman of the Disciplinary Committee and shall be delivered

personally to the pilot or to the witness as the case may be, or sent by

registered post, not later than five days before hearing of the proceedings.

If the pilot against whom disciplinary proceedings are being

taken under the provisions of these regulations fails to appear before

the Disciplinary Committee within sixty minutes from the time fixed

for the hearing, the Disciplinary Committee shall proceed in his absence

and give its report accordingly

Provided that if the pilot within two days after the day fixed for

the hearing of his case justifies his absence to the satisfaction of the

Disciplinary Committee, the Disciplinary Committee may hear the

submissions of the pilot and the evidence of his witnesses before

submitting its report.

Whenever the Director, or the Board, or the Disciplinary

Committee, as the case may be sends any communication, notification

or summons by registered letter through the postal service, it shall be

sufficient proof of service of such letter for all effects and purposes of

these regulations if the registered letter has been properly addressed

and posted.

(1) If a pilot is found guilty of having contravened any

one of the provisions of these regulations, or if in the course of or in

connection with his duties is found to have been negligent or of having

carried out his duties in an inappropriate manner or of having acted

inappropriately when on duty or of having failed to comply with the

directives given by the Director, the Board, after taking into consideration

the report and recommendations of the Disciplinary Committee may,

without prejudice to the provisions of any other law

a) impose a disciplinary penalty or fine against such pilot

of a sum not exceeding Lm500; and, or

b) suspend his licence for a period of not less than ten days

and not exceeding six months during which time no remuneration

shall be paid to or received by such pilot; or

c) revoke his licence forthwith.

(2) Any disciplinary penalty or fine inflicted by the Board

as a result of disciplinary proceedings shall be recoverable by the

Attorney General as a civil debt due to the Government.

Any disciplinary proceedings taken against a pilot under

the provisions of these regulations shall be without prejudice to any

criminal proceedings under any other law and any proceedings taken

under any other such law shall be without prejudice to any such

disciplinary proceedings.

(1) Subject to the provisions of sub-regulation (2) hereof, Repeal and saving.

the Pilotage and Mooring Regulations, 1975 as subsequently amended,

are hereby repealed

Provided that wherever in the Pilotage and Mooring Regulations,

1975, as subsequently amended, there is a reference to mooring-men,

leading mooring man, mooring dues, pilot launch, Pilot Launch

Replacement Fund and Pilot Launch Maintenance and Repair Fund,

the relative provisions in the said Regulations shall continue to have

effect as if made under these present regulations until such time as they

are repealed.

Provided further that in so far as Pilotage and Mooring

Regulations 1975 as subsequently amended, continue to have effect

with regard to mooring-men, leading mooring-man, mooring dues, pilot

launch, Pilot Launch Replacement Fund and Pilot Launch Maintenance

and Repair Fund, the word “Chief Pilot” shall be substituted by the

words “the person specifically appointed by the director after consulting

the representatives of the mooring men”.

.Provided further that the provisions in the Pilotage and Mooring

Regulations, 1975 relating to the “Stabilization Fund” shall continue to

have effect in so far as they concern the general administration of the

said Fund and in so far as they are concerned with:-

(a) the remittance by the Director to the said Fund of the

National Insurance Deductions, the National Insurance Levy, and

the levy of ten per centum on the gross expenses incurred for

mooring services paid to the Director by persons bound to pay

mooring dues, and

(b) the payment out of the said Fund of contributions due

in respect of mooring men under the Social Security Act by

employed persons and employers, any bonus payable to mooring

men, the extra attendance of mooring men when so required under

the provisions of these regulations, the cost of uniforms to mooring

men, and such other payments in respect of mooring men as may

from time to time be authorized by the Minister;

and provided further that the accumulated funds in the said “Stabilization

Fund” shall remain so contained in such Fund until further provisions

are made for their distribution.

(2) Notwithstanding the provisions of sub-regulation (1)

hereof, a pilot’s licence granted by the Authority before the coming

into force of these regulations shall continue to be valid in accordance

with its terms and shall be deemed to be a licence granted by the

Authority under regulation 7 of these regulations.

Schedule

Regulation 34

Pilotage Tariff

1. For the purpose of this Schedule:-

“ton” means gross tonnage of a ship determined in accordance with the provisions

of the International Convention on Tonnage Measurement of Ships, 1969;

“oil tanker” means a ship which complies with the definition of the International

Convention for the Prevention of Pollution from Ships (MARPOL) 1973, as modified

by the Protocol of 1978;

“segregated ballast tank” means a tank exclusively used for the carriage of

segregated ballast;

“length overall (LOA)” means the overall length from the foreside of the foremost

fixed permanent structure to the aftside of the aftermost fixed permanent structure of

“disabled ship” means any ship which arrives off Malta on tow or with engine

breakdown or with rudder trouble or other defect which affects the capability of the

ship when manoeuvring while pilotage services are being provided.

2. Pilotage Dues at the standard rate shall be as follows

Ships not exceeding 500 tons

Lm 21

Ships exceeding 500 tons but not exceeding 1000 tons

Lm 24

Ships exceeding 1000 tons but not exceeding 2000 tons

Lm 27

Ships exceeding 2000 tons but not exceeding 3500 tons

Lm 30

Ships exceeding 3500 tons but not exceeding 5000 tons

Lm 34

Ships exceeding 5000 tons but not exceeding 7000 tons

Lm 37

Ship exceeding 7000 tons but not exceeding 10000 tons

Lm 40

Ships exceeding 10000 tons but not exceeding 15000 tons

Lm 44

Ships exceeding 15000 tons but not exceeding 20000 tons

Lm 46

Ships exceeding 20000 tons but not exceeding 25000 tons

Lm 51

Ships exceeding 25000 tons but not exceeding 30000 tons

Lm 55

Ships exceeding 30000 tons but not exceeding 40000 tons

Lm 60

For every additional 10000 tons or part thereof in excess

of 40 000 tons

Lm 15

3. Pilotage dues at the standard rate shall be charged for either

a) entering port; or

b)

leaving port; or

c) shifting berth under own power (“hot move”) in the same port.

4. Charges additional to pilotage dues at the standard rate shall be made as

follows

(a)

Shifting berth not under own power (“cold move”)

in the same port

25%

(b) Shifting berth from one port to another port not

under own power (“cold move”) i.e. leaving one port,

passage to and entering another port

100%

(c)

Oil tankers not equipped with segregated ballast tanks

17%

5. For any of the following services

(a) making contact with a ship outside a port when the ship is not to enter

that port; or

(b) pilotage service rendered outside a port, including pilotage from outside

the entrance of one port to another,

there shall be charged half the standard rate, subject to a minimum of Lm 15.

6. If, in the performance of any of the services specified in paragraphs 3,4, and

5 of this schedule :-

(a) a pilot is detained on board the ship for piloting, mooring, or unmooring

the ship for any reason beyond the pilot’s control, or is left in quarantine for a

period longer than two hours, the following additional due shall be payable

(i)

in respect of services rendered at Malta Drydocks

and Malta Shipbuilding, from the second to the

twenty-fourth hour, per hour or part thereof

Lm2

(ii) in respect of services rendered elsewhere, from

the second to the twenty-fourth hour, per hour

or part thereof

Lm5

(iii)

thereafter, per twenty-four hour period or part

thereof, in cases ( i ) and ( ii ) above

Lm 30

(b) When a pilot is compelled to proceed abroad with a ship,

he shall be provided with board and lodging at a standard not less

than that of an officer on board, and not less than a first class

accommodation and travel when landed ashore for repatriation and

the following additional dues shall be payable per day or part thereof

until the pilot is returned to Malta

Lm40

B

7. Additional pilotage dues at the rate of 15% on the appropriate rates shall be

payable in respect of services rendered between 1900 hours and 0700 hours and on

Sundays and public holidays.

8. (1) When a cancellation for a request for a pilotage service is made, the

following dues shall be made

(a)

when a cancellation notice is made prior to one

hour before commencement of operation

No charge

(b) when a cancellation notice is made within

the one hour immediately preceding the

commencement of the operation

25% of standardrate

(2) When pilot, on request, reported on board

at thetime he was requested but the move

either does not commence within 60

minutes from the time he boarded the ship

or the move is cancelled

50 % of standard rate

9. In respect of disabled ships, there shall be payable

the following charges

Lm 25 per pilot

10. In the eventuality that following the request for a pilotage service, the service

provider reaches the conclusion that he may be entitled to present a claim for salvage

and, or extraordinary service, the service provider must present the ship and / or its

representatives with a formal written notice in writing containing the claim as soon as

practicable.

11. All rates for pilotage of a ship shall cover any number of hours required to

be performed by any pilot

Provided that all ships over 240 metres entering, leaving or shifting in Grand

Harbour are to employ two pilots with the exception of cruise liners;

Provided further that when, in the opinion of the Director it is necessary to employ

more than one pilot for any ship, the pilotage dues will be commensurate with the

number of pilots providing the said service.

12. For any other particular pilotage service not otherwise specifically provided

for in this Schedule, the dues payable shall be determined by the Director who shall, as

far as possible, assimilate them with the appropriate dues specified in this Schedule.

13. Persons bound to pay pilotage dues in accordance with the provisions of

these Regulations shall also pay to the Authority an administrative charge of 10% on

the total pilotage dues as established in this Schedule.

Mitbug[ fl-Istamperija tal-Gvern – Printed at the Government Printing Press