Maritime Pilotage (Amendment) Regulations, 2008

L.N. 19 of 2008

MALTA MARITIME AUTHORITY ACT

(CAP. 352)

Maritime Pilotage (Amendment) Regulations, 2008

IN exercise of the powers conferred by article 64 of the Malta

Maritime Authority Act, the Minister for Competitiveness and

Communications, in consultation with the Malta Maritime Authority,

has made the following regulations>-

The title of these regulations is the Maritime Pilotage

(Amendment) Regulations, 2008 and they shall be read and construed

as one with the Maritime Pilotage Regulations 2003, hereinafter referred

to as “the principal regulations”.

These regulations shall be deemed to have come into force on

st

the 1 January, 2008.

Immediately after the definition “pilotage fee” there shall be

added the following definition>

“pilotage service” means the act, carried out by a licensed

pilot, of assisting the master of a ship in navigation and

manoeuvring when entering, leaving or shifting in a port or the

approaches thereto, and includes the provision of the pilot launch<”.

Regulation 6 of the principal regulations shall be amended as

follows>

(a) immediately after sub-regulation (1) thereof, there shall

be inserted the following new sub-regulation>

“(2) The pilotage agreement shall include provisions

regarding the provision of pilotage services in the ports and

their approaches together with the management and operation

of pilot launches in these ports.”< and

(b) sub regulation 2 shall be renumbered as sub-regulation

(3) thereof.

Paragraph (e) of regulation 17 of the principal regulations shall

be substituted as follows>

“(e) provide the Director with such statistical information

as he may require, including, but not limited to, timely compilation

of data relating to pilotage movements and operation of pilot

launches, attendance and absenteeism of pilots and annual audited

accounts of the service provider and any subsidiary or affiliate

undertakings, or other entities over which the service provider has

effective control<”.

Immediately after sub-regulation (3) of regulation 20 of the Amends regulation

20 of the principal

principal regulations, there shall be added the following sub-regulation> regulations.

“(4) Every master of a ship shall provide a lee and take the

way sufficiently off his ship when the pilot launch is approaching,

and shall also ensure that the ship has a boat rope ready rigged

from a position well forward of, to a position abaft, the pilot ladder

or other approved safe means of access.”.

For regulation 24 of the principal regulations there shall be Substitutes

regulation 24 of the

substituted the following>

principal

regulations.

(1) The service provider shall be the owner of

“Service

provider of

the pilot launches and shall be responsible for the management

launches.

and operation of the pilot launches as provided for in the

pilotage agreement.

(2) A pilot, when assigned to an operation, is

deemed to have full control over the pilot launch.”.

8. Sub-regulation (2) of regulations 26 of the principal regulations Amends regulation

26 of the principal

shall be substituted by the following>

regulations.

“(2) The format and contents of such certificate shall be

agreed to by the Authority and the service provider.”.

9. 1. Regulation 31 of the principal regulations shall be Substitutes

regulation 31of the

substituted as follows>

principal

regulations.

The Authority shall in its discretion issue Pilot

“Pilot

Exemption

Exemption Certificates to Masters of ships who regularly call

Certificates.

at the ports in accordance with established criteria, provided

that the Authority shall reach agreement with the service

provider about the level of compensation, if any, for loss of

revenue.”.

10. For sub-regulation (1) of regulation 37 of the principal Amends regulation

37 of the principal

regulations there shall be substituted the following>

regulations.

“(1) No pilot or any of the personnel employed with the

service provider shall demand or receive any dues or other

remuneration in respect of a standard pilotage service other than

those specified in the pilotage agreement and these regulations.”.

11. Regulation 58 of the principal regulations shall be amended

as follows>

(a) the following words in the first proviso to sub-regulation

(1) shall be deleted>

“pilot launch, Pilot Launch Replacement Fund and Pilot

Launch Maintenance and Repair Fund,”<

(b) the following words in the second proviso to sub-

regulation (1) shall be deleted>

“pilot launch, Pilot Launch Replacement Fund and Pilot

Launch Maintenance and Repair Fund,”<

(c) immediately after the second proviso to sub-regulation

(1) there shall be added the following new proviso>

“Provided further that for the avoidance of any doubt,

paragraphs (d) and (e) of regulation 29, sub-regulations (1),

(2), (5) and (6) of regulation 39, the proviso to sub-regulation

(9) of regulation 39, regulation 41, regulation 42, regulation

43 and regulation 44 of the Pilotage and Mooring Regulations,

1975 which, by virtue of the provisos to regulation 58 hereof

remained in effect, shall by virtue of these regulations, cease

to have any effect.”< and

(d) immediately after sub-regulation (2) there shall be added

the following new sub-regulation>

“(3) Any proceeds in the Pilot Launch Replacement

Fund and the Pilot Launch Maintenance and Repair Fund, on

the day of the coming into force of these regulations, shall

remain in these Funds until such time as the Minister

determines how they are to be disposed of.”.

12. The Schedule to the principal regulations shall be substituted

by the following Schedule>

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