MARITIME PILOTAGE REGULATIONS

SUBSIDIARY LEGISLATION 499.26

MARITIME PILOTAGE REGULATIONS

1st March, 2003

LEGAL NOTICE 96 of 2003, as amended by Legal Notices 240 of 2004,

425 of 2007, 19 and 35 of 2008, and 367 of 2009; Act XV of 2009; and

Legal Notices 99 of 2010, 494 of 2011, 301 of 2012, 201 of 2015 and 120 of

2016 and 334 of 2019 and Act XXI of 2020 and Legal Notice 274 of 2023.

Preliminary

The title of these regulations is the Maritime Pilotage

Regulations.

Substituted by

L.N. 425 of 2007;

Regulation 34

L.N. 19 of 2008.

Amended by

L.N. 367 of 2009;

XV. 2009.49.

Substituted by

L.N. 494 of 2011.

Amended by

L.N. 201 of 2015;

L.N. 120 of 2016;

L.N. 334 of 2019;

L.N. 274 of 2023.

Pilotage Tariff

1. For the purpose of this Schedule

"beam" (B) means the maximum width in metres from the outermost side of any

fixed permanent structure to the other outermost side of any fixed permanent

structure of the ship;

"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

sip when manoeuvring while pilotage services are being provided;

"extraordinary services" are services provided to ships which go beyond the

normal duty of the pilot;

"Fuel Price Adjustment" is the amount of money to be increased or decreased to

the tariff depending on the variation of the price of fuel as agreed to in the pilotage

agreement;

"length overall (LOA)" means the overall length in metres from foreside of the

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

structure of the ship;

"maximum draft" (Max D) means the maximum draft in metres that the ship can

submerge when fully laden;

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

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

Protocol of 1978, as amended;

"ton" means the gross registered tonnage of a ship determined in accordance with

the provisions of the International Convention on Tonnage Measurement of Ships,

1969

Provided that if a ship has more than one gross tonnage, then the higher or highest

of such gross tonnages shall be the gross tonnage for the purpose of calculating this

tariff

Provided further that in respect of ships with particular characteristics and

parameters )such as an oil rig, a barge, etc.) the "Gross Tonnage" for the purpose of

calculating the pilotage tariff shall be in accordance with the following formula

GT = LOA x B x Max D.

Where

Max D = not less than 0.2√ LOA x B

MARITIME PILOTAGE

2. The Pilotage dues at the Standard Rate (SR) for pilotage services

shall be as follows

(a)

Ships not exceeding 500 tons............................................................€210

Ships

exceeding

tons

but

not

exceeding

1,000

(b)

tons..............................................................................................................................€224

Ships

exceeding

1,000

tons

but

not

exceeding

2,000

(c)

tons..............................................................................................................................€236

Ships

exceeding

2,000

tons

but

not

exceeding

3,500

(d)

tons...............................................................................................................................€248

Ships

exceeding

3,500

tons

but

not

exceeding

5,000

(e)

tons................................................................................................................................€262

Ships

exceeding

5,000

tons

but

not

exceeding

7,000

(f)

tons...............................................................................................................................€276

Ships

exceeding

7,000

tons

but

not

exceeding

10,000

(g)

tons..............................................................................................................................€288

Ships

exceeding

10,000

tons

but

not

exceeding

15,000

(h)

tons...............................................................................................................................€301

Ships

exceeding

15,000

tons

but

not

exceeding

20,000

(i)

tons...............................................................................................................................€315

Ships

exceeding

20,000

tons

but

not

exceeding

25,000

(j)

tons...............................................................................................................................€328

Ships

exceeding

25,000

tons

but

not

exceeding

30,000

(k)

tons................................................................................................................................€340

Ships

exceeding

30,000

tons

but

not

exceeding

40,000

(l)

tons................................................................................................................................€367

(m) For every additional 10,000 tons or part thereof in excess of 40,000

tons................................................................................................................................€59

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) Sundays ............................................................................

20% SR

(b) Night shift between 1900 hrs and 0700 hrs .........................

15% SR

(c) On National and Public Holidays, and on the 24th

December from 1800 hrs to 2400 hrs and on the 31st

December from 1800 hrs to 2400 hrs .................................

20% SR.

5. Additional charges additional to the Standard Rates shall be made as

follows

(a) shifting berth not under own power ("cold move") in the

same port ..........................................................................

25% SR

MARITIME PILOTAGE

(b) shifting berth not under own power ("cold move") from

one port to another ............................................................ 100% SR

6. In respect of disabled ships, there shall be payable the

following charges per pilot ...................................................................

€60.

7. Ships required to berth alongside another ship the following

additional charge to the Standard Rate shall apply ................................. 100% SR

8. For any of the following services

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

that port, example anchorage, compass calibration, etc.; or

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

the entrance of one port to another,

there shall be charged the Standard Rate.

9. For the purpose of calculating the pilotage dues, the services of the pilot

shall be considered to commence thirty minutes before boarding the ship and thirty

minutes after disembarking from the ship.

10. When a pilot is detained for a period of more than two hours

during the performance of his services, or is left in quarantine, an

additional charge to the Standard Rate is applicable for each following

hour or part thereof ...............................................................................

€15.

11. The request for the attendance of a pilot or pilots aboard a ship has to be

made with a minimum of one hour notice before the ETA (Estimated Time of

Arrival) or before the ETS (Estimated Time of Sailing) or the Estimated Time of

Shifting.

12. When a cancellation for a request for a pilotage service is made, the

following applies

(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 .......................................................................

70% SR

13. For shifting or for an outbound ship the following additional charges shall

apply

(a) if the pilot boards the ship and the sailing or shifting is

cancelled or suspended ..................................................

70% SR

The operation is considered cancelled or suspended if

the ship is not ready for shifting or sailing within thirty

minutes from the boarding time.

(b) if the pilot remains on board the ship for more than

thirty minutes, an additional charge applies for every

thirty minutes or part thereof till the manoeuvre

commences ...................................................................

35% SR

14. If an incoming ship arrives at the pilot station with a delay of

more than thirty minutes or part thereof from the ETA, the following

additional charge applies: ..................................................................

35% SR

MARITIME PILOTAGE

15. If a pilot boards an incoming ship and,

(a) for any reason the manoeuvre does not commence

within thirty minutes the following additional charge

applies: .........................................................................

70% SR

(b) if the pilot remains on board, for every thirty minutes or

part thgereof until the manoeuvre commences the

following additional charge applies: ..............................

35% SR

16. For the purposes of calculating the pilotage dues the boarding and

disembarking station of the pilot disembarking stations of pilots shall be as follows

(a) for Grand Harbour, close to Valletta Fairway Buoy as agreed between

the service provider and the Authority;

(b) for Marsaxlokk, as agreed between the service provider and the

Authority close to Marsaxklokk; and

(c) for Gozo, as in 16(a) above, same as for Grand Harbour.

17. For other boarding and disembarking stations of the pilot around Malta and

Gozo, any extra charges shall be as agreed between the service provider and the

Authority.

18. (a) All ships of 240 meters LOA and over, entering, leaving or shifting in

Grand Harbour, are to employ two pilots with the exception of cruise

liners.

(b) All ships of 300 meters LOA and over are to employ two pilots

Provided that when it is necessary to employ more than one pilot for any

ship, as stipulated in sub-paragraphs (a) and (b), and in the case of ships with

particular configuration and special needs, the pilotage dues payable by the ship will

be commensurate with the number of pilots providing the service.

19. When a pilot or pilots are compelled to proceed abroad with a ship they 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 put ashore for

repatriation. Apart from all travelling and other expenses as the case may be, a rate

of 300 euro per pilot per day or part thereof shall be payable to the service provider

by the ship until the pilot or pilots return to Malta.

20. When so directed by the Authority the pilot launch service to moor or

unmoor ships to the buoys such as Marsaxlokk Dolphins, 31st March, Gas Terminal,

San Lucian, and other similar moorings, or to take a mooring rope ashore, the

relative charge shall be that established by the Authority in agreement with the

service provider.

21. 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.

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

for in this Schedule, the dues payable shall be determined by the Authority which

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

Schedule.

23. The "Fuel Price Adjustment" shall be added to or subtracted from, as

applicable, the Pilotage Tariff and shall be applied from the time that changes in the

MARITIME PILOTAGE

official price of fuel are published by the appointed Government agency/authority.

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

these regulations shall also pay to the Authority an administrative charge of 5% on

the total pilotage dues as established in this Schedule.

These regulations, the Pilotage Agreement and the Code of

Conduct referred to in regulations 6 and 25 shall regulate the

prov isio n of p il ota ge se rv ices wi thi n th e p orts of Mal ta in

accordance with the Act.

In these regulations, unless the context otherwise requires -

"Act" means the Authority for Transport in Malta Act;

"Authority" means the Authority for Transport in Malta as

established by the Act;

"Board" means the Pilotage Board established by regulation 38;

"Chief Pilot" and "Deputy Chief Pilot" means those pilots elected

in accordance with and for the purpose of regulation 18;

"compulsory pilotage port" means a port declared as such in Part

III of the First Schedule to the Ports and Shipping Act;

"high speed craft" means a ship which complies with the

provisions of the International Code of Safety for High Speed Craft

(HSC Code) as per IMO Resolution MSC 36(63);

"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;

" M i n i s t e r " m e a ns t h e M i n i s t e r r e s p o n s i b l e f o r p o r t s an d

shipping;

"pilot" means a person holding a licence granted by the

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

includes 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;

"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;

"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;

"pilotage tariff" shall be the whole amount due by the ship for the

provision of the pilotage service as specified in the Schedule, and

shall include the pilotage fee due to the service provider, the social

contributions due in accordance with regulation 34 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;

"scheduled service" means a series of ship crossings operated so

as to serve traffic between two or more ports, either according to a

published timetable or with crossings so regular or frequent that

they constitute a recognisable systematic series;

"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)

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 same 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

4.(1) (a) Subject to the provisions of the Act, the Authority shall

organize and ensure the provision of pilotage services

in the ports by entering into a pilotage agreement in

terms of regulation 6(1) 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 ports specified in Part III of the Schedule to the

Ports and Shipping Act shall be compulsory pilotage ports and all

ships, other than ships excepted under sub-regulation (2), shall,

while navigating within the limits of a compulsory pilotage port,

whether by entering, leaving, anchoring or moving, be under the

direction of a pilot

Provided that where an excepted ship -

(a) has not taken a berth assigned to her by the Authority

and, in the opinion of the Authority, is foul or is likely

to foul any mark, buoy or some other ship due to any

cause whatsoever; or

(b) has anchored in the fairway of any port,

then, without prejudice to any criminal proceedings that may be

taken against the master of such ship, the Authority may direct that

such ship be moored or re-moored under the direction of a pilot

Provided further that even in the case of excepted ships the

Authority may direct that their navigation within the limits of a

compulsory pilotage port, whether entering, leaving, anchoring or

moving, shall be carried out under the direction of a pilot.

(2) For the purposes of this regulation, the following ships

shall be excepted ships

(a) ships owned or operated by the Government of Malta;

(b) men-of-war of a foreign power;

(c) ships of less than 500 gross tons calculated in

accordance with the rules for the time being in force

for the measurement of ships under the Merchant

Shipping Act;

(d) fishing vessels;

(e) yachts;

(f)

ships, including tugs, dredgers, barges and other types

of vessels, whose ordinary course of navigation and

trade does not extend beyond the limits of the

territorial waters of Malta; and

(g) high speed craft calling in Malta on a scheduled

service and whose master complies with qualifications

and standards developed by the Authority from time to

time.

(3) The Authority may exempt any ship from compulsory

pilotage where ships are unable to obtain the services of a pilot due

to bad weather or in any other particular case.

(4) Without prejudice to the provisions of sub-regulation (2),

ships carrying dangerous goods, disabled ships and tug and tow

combinations may be required by the Authority to engage the

services of a pilot.

(5) Where any port is a compulsory pilotage port, the Minister

may by order define the limits of such port for the purposes of

compulsory pilotage.

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

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

the 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) 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.

(3) 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) Subject to the provisions of these regulations, the

Authority may grant licenses to persons to act as pilots.

(2)

No person shall be licensed as a pilot unless he has

(a) passed such qualifying examinations as may be

prescribed;

(b) been licensed as a trainee pilot as prescribed in these

regulations;

(c) obtained such practical experience in the pilotage of

ships during the period referred to in paragraph (b);

(d) had his licence confirmed by the Authority; and

(e) satisfied such other conditions as may from time to

time be prescribed.

(3) The licence issued to a pilot shall indicate the limits within

which the licensee is qualified to act.

(4) Notwithstanding the provisions of this regulation, the

Authority may, if it considers expedient, authorise any person to

pilot a ship in a port subject to such terms and conditions as it

deems fit.

(5) The person in whose favour a licence is issued must pay to

the Authority a fee as is established from time to time by the

Authority.

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

these regulations.

(7) 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.

(1) The licence issued to a pilot shall be automatically

cancelled by the Authority when the pilot retires on reaching the

retiring age that may from time to time be prescribed, or if such

pilot is found by a Medical Board appointed by the Authority to be

physically unfit to carry out his duties.

(2) The Authority may also suspend or revoke the licence

issued to a pilot as a consequence of the award by a Disciplinary

Committee of a punishment consisting in the suspension or

revocation of the licence, or if the pilot absents himself from duty

for a period exceeding one year. Such licence, if so revoked, shall

cease to have effect from the date when such decision is taken by

the Authority and, if so suspended, it shall cease to have effect for

the period for which it is suspended.

(3) Subject to any condition which the Disciplinary Committee

may make, the Authority may re-issue a licence to a pilot whose

licence has been revoked under sub-regulation (2).

(4) A licence issued to pilot shall be surrendered to the

Authority whenever it is for any reason cancelled, suspended or

revoked. In such cases, the licence shall be returned to the

Authority within twenty-four hours.

(5) A person whose licence has been cancelled, suspended or

revoked shall have a right to appeal to the Board from the decision

of the Authority or of the Disciplinary Committee by application

within fifteen days of the notification to him of the decision.

(1) No person shall be licensed to serve as a pilot unless

such person -

(a) (deleted by Legal Notice 240 of 2004);

(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

MARITIME PILOTAGE

(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 (Training and

Certification) Regulations, 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 (Training and

Certification) Regulations, 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

Commercial Vessels Regulations, as amended.

(f)

produces satisfactory evidence that he has served as an

officer for not less than three years on ships of 2000

gross tons and over;

(g) has passed the appropriate examination prescribed in

regulation 10;

(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(1)(b) 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 Authority 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.

(4) The Board shall give preference to those successful

candidates who hold superior qualifications and who have the most

practical experience. To this effect, the Board shall issue its first

call for applications for those persons who are qualified in terms of

regulation 9(1)(e)(i) to (iv)

Provided that if none of the candidates is found to comply

with the necessary requirements, a second call for applications may

be issued to include also persons with qualifications in terms of

regulation 9(1)(e)(v) and (vi).

(1) When a candidate satisfies the requirements of

regulation 10, the Authority, on the advice of the 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 subregulation (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 remunerated during his

traineeship by the service provider.

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

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

than 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) 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 subregulation (1) may be allowed to undergo further training for

a period not exceeding six months.

(3) A trainee pilot who satisfies the requirements prescribed in

subregulation (1) shall be issued a licence to serve as a pilot, by the

Authority.

(4) A licence issued in terms of subregulation (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 3 Pilots: Pilots licensed to pilot ships up to 250

metres LOA;

(d) Class 4 Pilots: Pilots licensed to pilot ships up to 200

metres LOA;

(e) Class 5 Pilots: Pilots licensed to pilot ships up to 170

metres LOA; and

(f)

Class 6 Pilots: Pilots licensed to pilot ships up to 140

metres LOA.

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

a Class 5 pilot, a Class 6 pilot must have first served for at least ten

months as a Class 6 pilot and must have accompanied a pilot for at

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

over 140 metres LOA.

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

a Class 4 pilot, a Class 5 pilot must have served for at least ten

months as a Class 5 pilot and accompanied a pilot for at least 50

moves (13 of which must be during the night) on ships over 170

metres LOA.

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

a Class 3 pilot, a Class 4 pilot must have served for at least ten

months as a Class 4 pilot and accompanied a pilot for at least 30

moves (10 of which must be during the night) on ships over 200

metres LOA.

(5)

Prior to his application to the Authority for classification as

a Class 2 pilot, a Class 3 pilot must have served for at least ten

months as a Class 3 pilot and accompanied a pilot for at least 15

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

metres LOA.

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

a Class 1 pilot, a Class 2 pilot must have served for at least ten

months as a Class 2 pilot.

(7) The moves referred to in sub-regulations (2) to (6) must be

recorded in a special logbook kept for this purpose indicating the

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

countersigned by the accompanied pilot and Chief Pilot.

(8) 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.

(9) 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 (7).

(10) Once an application for an upgrade accompanied by the

records referred to in sub-regulation (7) 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.

(11) In the cases referred to in sub-regulation (10), 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 re-apply for

such upgrade.

(12) If a pilot fails to upgrade his licence as specified in sub-

regulations (2) to (6) for each category within a period not

exceeding eighteen months, his licence may be revoked

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

of regulation 8(5).

(13) Under no circumstances, except as stated in sub-regulation

(14) and except when accompanying a pilot for the purposes of sub-

regulations (2) to (6), may a pilot pilot a ship in excess of the limits

stipulated in his licence.

(14) Notwithstanding the restrictions in sub-regulation (13), the

Authority may, at its 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,

authorise a pilot to pilot ships outside the parameters of his licence.

(15) Such authorisation must be given to the Chief Pilot in

writing and signed by the Authority. If such authorisation is

required outside office hours, it will be given by the Authority

verbally and confirmed in writing as early as practicable.

(16) The Chief Pilot shall inform and authorise the pilot

concerned and shall give such pilot a copy of the authorisation

referred to in sub-regulation (15) as soon as practicable.

(17) 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 (14) and (15).

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

services for a period of twelve 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(5).

(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

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.

(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

examine whether a pilot is physically and mentally fit for the

proper 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 subregulation (1) 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 reaches the

statutory pension 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.

(4) In this regulation, "statutory pension age" means that age at

which a person becomes eligible to receive a mandatory social

security retirement pension in terms of the Social Security Act.

(1) The liability for civil damages of the service provider

for any loss or damage, including death and personal injury,

resulting from any cause during the performance of the pilotage

service, shall not exceed the sum of ten thousand euro (€10,000) in

respect of any one service and the cost of the pilotage dues in

respect of the service during which the liability arose.

(2) The liability for civil damages of a licensed pilot, whether

on board a ship or elsewhere, for any loss or damage, including

death and personal injury, resulting from any cause during the

performance of his duties, shall not exceed the sum of one thousand

euro (€1,000) in respect of any one voyage and the cost of the

pilotage dues in respect of the voyage during which the liability

arose.

(3) Where, without any act or omission by the Authority, any

loss of life or personal injury, or loss or damage to any ship, or to

any property on board any ship or to any property or rights of any

kind, is caused by a licensed pilot, the Authority shall not be liable

to damages beyond the amount of ten thousand euro (€10,000).

(4) The limit of liability under this regulation shall apply to the

whole of any losses and damages, which may arise upon any one

distinct occasion although such losses and damages may be

sustained by more than one person.

(5) The grant or renewal of a licence to a pilot or the

conclusion of a pilotage agreement with the service provider by the

Authority, in accordance with the provisions of the Act and these

regulations, shall not place or imply any liability on the Authority

or the Government of Malta for any loss or damage occasioned by

an act or default of any pilot or the service provider, whether the

employment of a pilot is compulsory or not.

A pilot may require the master of any ship which he is

piloting to declare her draught of water, length and beam, and such

other information as may be required for the safe piloting of the

ship, and the master shall comply with any such request.

Every pilot, when acting as such, shall be provided with his

licence and shall, if so requested, produce it to the master of the

ship he pilots.

Notwithstanding anything contained in any law, the owner

or master of a ship navigating under the circumstances in which

pilotage is compulsory shall be answerable for any loss or damage

caused by the ship or by any fault of the navigation of the ship in

the same manner as he would if pilotage were not compulsory

Provided that the owner or master shall be responsible for

any damage incurred to the pilot launch during the pilot transfer.

MARITIME PILOTAGE

It shall be the duty of the service provider to

(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 Authority with such statistical information

as it 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;

(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 Authority on pilotage matters and

submit any reports as may be requested by such

Authority;

(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 Authority 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 1 pilots.

(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.

(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 Authority may remove the Chief Pilot if he is no longer

suitable to hold such office.

(7) For the purposes of subregulation (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 Authority.

(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 Authority on pilotage matters and

submit any reports as may be requested by such

Authority;

(d) comply with any reasonable directive given to him by

the Authority 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 Authority in accordance with directives issued by the Authority

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

e q u i p m en t , o f w h i c h t h e m a s t e r i s a w a r e a n d w h i ch m i g h t

materially affect the navigation of the ship.

(4) Every master of a ship shall provide a lee and reduce

s u ff i c i e n t l y t h e s p e e d o f h i s s h i p w h e n t h e p i l o t l a u n c h i s

approaching.

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 Authority.

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.

(1) The service provider shall be the owner of the pilot

l a u n c h e s a n d s h a l l b e r e s p on s i b le f o r t h e m a n a ge m e n t a n d

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.

When providing pilotage services, each pilot shall

implement a high standard of care and skill as established by the

Code of Conduct referred to in regulation 6(2).

(1) The pilot shall complete a certificate of pilotage

service outlining the pilotage service he has rendered, to be signed

by the ship’s master in respect of each service he performs

Provided that in exceptional circumstances, if such

certificate is for any justified reason not available, the Chief Pilot

or the Deputy Chief Pilot may sign the Pilotage Certificate.

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

to by the Authority and the service provider.

(1) When providing pilotage services the pilot shall liaise

as required with the Authority in order to record 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 Authority.

(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 Authority, 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

Authority 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 Authority 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.

(1) A pilot shall immediately report to the Chief Pilot and

the Authority any accident involving the ship which he is serving,

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 Authority 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 Authority 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 Authority and, or by order of a competent court.

(5) Notwithstanding any proceedings which may be taken

under any law, the Authority may take disciplinary action against

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

(1) A pilot shall embark ships at the pilot boarding station

as established by the Authority; and disembark at a position as

agreed to between the pilot and the ship’s master, or at a position as

directed by the Authority.

(2) The Authority 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

subregulation (1) shall explain his actions to the Authority within

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

explanation, it 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 Authority; 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 in its discretion issue Pilot Exemption

Certificates to Masters of ships who regularly call 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.

Pilotage Tariffs and Remuneration

The administration, collection and recovery of the pilotage

tariff and the disbursements of this tariff shall be the responsibility

of the Authority.

Subject to the provisions of these regulations, the service

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.

(2) The social security contributions payable by an employed

person and an employer in accordance with the provisions of the

Social Security Act shall be deemed to form part of the tariff.

(3) Pilotage tariffs shall be paid directly to the Authority 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 Authority may require any person who in terms of

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 Authority considers

sufficient to cover payment of such tariff.

(2) The Authority 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 Authority takes such measure it 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 eleven thousand and six hundred and forty-

six euro and eighty-seven cents (11,646.87).

The Authority shall remit to the service provider the

pilotage fee established in accordance with these regulations and

the pilotage agreement.

(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.

(2) Any pilot who contravenes the provisions of subregulation

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

penalty not exceeding two hundred and thirty-two euro and ninety-

four cents (232.94).

(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

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

shall be liable to a fine (multa).

(1) There is hereby established a board, to be called the

Pilotage Board, hereinafter referred to as the Board, which shall

e x e r c i s e a nd p e r f o r m t h e f u n c ti o n s a s s i g n e d t o it b y t h e s e

regulations.

(2) The Board shall consist of the following members

(a) a Chairman appointed by the Minister;

(b) a member nominated by the Authority;

(c) a member nominated by the service provider; and

(d) a secretary with no voting powers to be appointed by

the Minister.

(3)

The Board shall exercise and perform the following

functions

(a) to conduct examinations in connection with the

licensing of prospective pilots and to advise the

Authority accordingly;

(b) to appoint panels of examiners for the purpose of the

examinations aforesaid;

(c) to conduct disciplinary proceedings in respect of pilots

in accordance with the provisions of these regulations;

(d) to recommend to the Authority the award to pilots

guilty of any breach of discipline such punishments as

may from time to time be prescribed;

(e) to advise the Authority on any matter that the said

Authority may refer to it from time to time in

connection with pilotage services; and

(f)

to perform such other functions as may be prescribed

to it from time to time.

(4) The quorum of the Board shall consist of the Chairman and

two members.

(5)

The Board shall reach its decisions by means of a majority

vote.

(6) The Board shall meet as required at such date, time and

place as the Chairman may appoint.

(7) Subject to the provisions of these regulations, the Board

may otherwise regulate its own procedures.

Disciplinary proceeding amongst pilots and trainee pilots

shall be administered by the Board in accordance with regulation

38

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

from outside the membership of the Board, one of whom shall be

the Chairman of the Committee.

(2)

It shall be the duty of the Disciplinary Committee to

(a) investigate cases brought before it by the Authority;

(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

subregulation (2)(b) to (d), 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 marshal 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

Disciplinary Committee and shall thereafter take such disciplinary

decision in accordance with the provisions of these regulations.

41. (Deleted by L.N. 367 of 2009).

(Mħassar bl-A.L. 367 tal-2009).

The decisions of the Board shall be final and binding.

(1) The Authority 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 Authority.

(2) Such proceedings shall be instituted by the Authority

within twenty-one days from the date on which the Authority

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 Authority 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 Authority 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 Authority 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 Authority shall refer the matter to the Board

for its decision without the need for the Board to appoint a

Disciplinary Committee.

The Authority shall notify the pilot concerned of the charge

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 Authority shall acknowledge in writing the receipt of

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

If the Authority decides to refer the matter to the Board, it

must refer such 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 the reply.

The Board shall, within fifteen days from receipt of the

letter from the Authority containing the complaint against the pilot,

nominate a Disciplinary Committee to hear and investigate the

complaint.

(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 circumstances the Board may

for valid reasons extend such period by further periods of thirty

days after a request from the Chairm an of the Disciplinary

Committee.

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

the Disciplinary Committee, the pilot against whom disciplinary

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

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; in so doing, the Chairman of the Committee is to

ensure that sufficient time is allowed for those concerned to receive

the said notifications or summons in time.

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 Authority, or the Board, or the Disciplinary

Committee, as the case may, b e 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 Authority, 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 one thousand and one hundred

and sixty-four euro and sixty-nine cents (1,164.69);

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 subregulation (2), the

Pilotage and Mooring Regulations, as subsequently amended, are

hereby repealed.

(2) Notwithstanding the provisions of subregulation (1), 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.

(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.

MARITIME PILOTAGE