Harbours and Pilotage Regulations (Cap. 49:04)

HARBOURS AND PILOTAGE REGULATIONS ARRANGEMENT OF REGULATIONS JU!OUUTJON I. Citation. 2. 1 nterpretation, ARIUV A I. OF VESSF.!.S 3. Arrival of vessels, 4. Master to answer all questions put to him by visiting officer. CONTROL, MOORING, ETC., OF VESSELS AFTER ARRl\.'AL 5. Moori1ig limits. 6, Manner of '>ting whenalortgside Stellings, and penalty for breach. 7-S. Rt1les. M to rig of ves~h in harbour, etc. 3l [Sw.idwy] Tr,:msporJ mu/ Ha,..b,:m;,s Htubours Olld Pi/otage RegutaJion, REGULATION 9. Vessels discharging or loading at public steJJings, IO. (I) Power to the Harbour Master to order vessel to move when necessary. (2) Penalty for failure to move. 11, Vessel leaving anchor and or t,;hai1l <1.t muuri11gs tu buoy th1:1 s.i.wi;;. 12, (l) Preparation of pitch, tar, etc., for vessel. (2) Vessels working spirits, etc., to use electric light. 13. Regulations as to vessels on fire in harbour. 14. Provid.in,g: of pul'lt, etc., with proper grarn.eh and c.hain!l. 15. Provisions as to vessel sunk or aground in harbour. 16, Dealing with boat adrift, ,pie. 17. Mode of dealing with article found adrift. 18. Throwing overboard ballast, carcass or other injurious matter. 19. Extension, etc., of Stellings. 2(1 Sawdust, refuse, etc., not to be deposited in harbour without permission, 21. Obstrnction or public stelling by timber, etc. 2.2. Pe,ialty for fo1pc:ding free movcmc.lltS of vessels in harbour. 23. Vessels proceeding across river to keep out of way of vessels. plying up and down river. 24. Place of office and general duties of the Harbour Master. '.2.5. Marking of Government craft. PILOTS, Al'PIU!NTICES AND LIGHTHOUSES 26. Record of appointments. Z.1, Apvlii.;a.tivu rv1 pilvt'i:1 <$,;;~ vi..,.;. 28. Attendance of pilots at pilot office, 29. Pilot to produce his licence when required to do so. 30. Penalty for refusing to produce licence as pilot. :\1. Penalty for person falsely representing himself to ho a pilot. 32. Master to supply pilot with all information asked in connectio~ with vessel piloted. 33. Procuring certificate of draught of vessel. 34. Harbour master's decision iinal in cases of dispute. 35. Pilot to give master nag on boarding vessel, 36, Penalty for vessel displaying pilot's flag not having M board a pilot. 37, Offences of pilots. 38. Punishmont or pilot for wilful breach of duty. 39. Moving of vessel in pilotage district certificate to be given by master. 40. Vessels arrjving with sickness on board, 41. Vessels led liable to full pilotage dues. 42. Extraordinary services rendered in stress of weather. 43. Examining committee. 44. Application for pilot's licence. 45. Llcences issued to pilots to be published in tho Gazette, Transport and Harbours Cap. 4!1:04 jj Harbours a11d Pi{otage Regulations 46, (I) Pilot.o.ge feeti 0,,nd i.i11:a-mptions rrom payment of. (c) Pilotage fees for interregional vessels, etc. (2) Fee for extraordinary work, 47. Fee payable for pHot. 48. Steam vessels to or from Georgetown to use buoyed channel. 49. Penalty for injuring lighthouse, lights, buoy, beacon, etc. [Subsidiary] 50. Lighthouses, buoys, beacons, etc., in use of Department under superintendence of Harbour Master. SURV!:YS, !!TC. 51. Making of surveys and soundings. :52. Penalty for offences not provided for. LEOAL AND OTHER PROCEEDINGS 53. Mode of making. complaint against person employed in pilot establishment. 54. Proceedings to be brought in name of Harbour Master. SCHEDULE-Fees and Dues for the Pilotage of Vessels, HARBOURS AND P!LOTAGE REGULATIONS made under section 28 Reg. JJJl2/19,14 21/4/ 925 16/12(1929 22/1/1934 27/1948 16/1950 15/1952 19/1953 7/1963 19/1965 4 of J91i 1. These Regulations may be cited as the Harbours and Pilotage Citation, Regulations. 2. In these Regulations ~•comsions Regulations" means the Collision Regulations made on the 13th October, 1910 under section 418 of the applied Act entitled the Merchant Shipping Act, 1894, and pub\isbed in the Gazette of the 18th January, 1911, at page 134 (Notice No. 15); "the Department" means the Transport and Harbours Department established 1er the Transport and Harbours Act; Interpretation, fRea, 27 /l 948 19/1965) L.R.0. 1/1971 34 Cap. 148 J9jl Ed. Arrival of vessels. Ma.s\Ul() amwer all (loestions put to hiot by visiting officer. Mooriog 1int1la. [lwg. 22/l/l934J Cap. 49:04 Transport and Hatbours Har/J(Jllfs and Pll0fQfe &gulat/1ms "dock" includes wet docks and basins, locks, cuts, entrances, dry docks, graving docks, glldirous, ri.li.pf>, qui'lyr., wharves, pien,, stages, landing-places, and jetties; .. General Manager" means the General Manager of the Department; '"visiting officer" means a visiting officer under the Quarantine Ordinance and includes the Harbour Master, any deputy harbour master and any officer of custom&. ARRIVAL Ol' Vi!SSE.Ui 3. Every vessel arriving in, a harbour (whether or not she has previously entered any other port in Guyana) shall unless liable by law to the performance of quarantine be allowed to proceed at once to her anchorage either by day or by night, after which the visiting officer shall visit her, if arriving between sunset and sunrise at some time before 7 o'clock on the succeeding morning or, if arriving between sunrise and sunset as soon as possible after her arrival. 4. (l) The master of every vessel shalt answer all questions put to him by the visiting officer in the execution of his duty, (2) Any master who refuses to answer any such questions shall be liable to a fine of seven hundred and fifty dollars. CoNTROL, MOORING, ITTC., OF V~ELS AFrllR ARRIVAL S. ( l) No vessel or boat shall be anchored or moored within the Georgetown Harbour at a less distance than one cable from the Park Line mark on the East Bank of the Demerara River, i.e. within a line parallel to the shore drawn in a northerly and southerly direction. No vessel, except a foreign-going steam vessel, shall be anchored or moored in that part of the Georgetown Harbour bounded on the north by a line drawn from Best Groyne on the West Bank to B"ntinck SteUing on the East Bank, and on the south by a line drawn from Vreed-en~Hoop Stelling on the West Bank to the Government Bonded Warehouse on the East Bank. (2) If any vessel is or remains anchored or moored contrary to this regulation, the master, agent or owner shall be liable to a fine of three hundred dollars, and if any such vessel is not removed imme­ diately on notice to remove being given either orally or in writing to lhe masrer, agt:nt ur uwnt:r lht:rcvf l,y ll1c Ha1bour MMtc1, :,uch master, agent or owner shall be/liable to a further fine of thirty dollars per hour for every hour or part of an hour that such vessel or bo- nay remain after such notice: Transport and Harbours Cap, 49:04 35 Harbours a11d Pifotuge Regu/a/iiJI/$ [Sub!lidiaryJ Provided that the aggregate amount of such penalties shall not exceed two hundred dollnn,. 6. (I) Not more than three vessels may be made fast alongside of ~Mer of each other when alongside of any Stelling without the pennission of °toori~J when the Harbour Master, and in no circumstances may auy such cran !ti!W:.$, d project out into the river more ~ha~ one hundred feet, nor shall any t:::, for vessel be made fast fo any stclhng m such a manner that it proJects [Reg, out into the river beyond the end of the stelling unless ~uch era.ft is 22/I/19341 lying in a northerly and southerly direction parallel wtth the shore. (2) Jf any vessel is anchored or moored contrary to this regula­ tion, the master, agent or owner shall be liable to a fine of three hundred dollnr3, nn.d if such vessel ia not removed immediately upon notice to remove being given, either orally or in writing, to the master, agent or owner thereof by the Harbour Master, such master, agent or owner shall be liable to a further fine of thirty dollars for every hour or part of ,tn hour that ~uch vcascl may remain after sul;h notice: Provided that the aggregate amount of such penalties shall not e:iweed six hundred dolln.rs. 7. No vessel shall have an outrigger projecting more than twelve Rules as to feet from the rail or gunwale. !18 of vessels au h11rbot1r, etc. 8, (I) Every vessel moored in a harbour or lying alongside any steHing sha11 have its lower yards topped up, and its flyingjil,..boorus ntn in; no vessel shall have an outrigger longer than twelve feet from the gunwale or shall run an anchor on shore or shall have a rope made fast on shore or stelling or to another vessel, except in case of emer-­ ger>cy, or in warping from one place to anotheT1 or' in getting under weigh or when nec~ssacy to keep .such vessel moor(td in a harbour or alongside any stelling and if such anchor or rope is in such a position as to interfere with navigation the same shall be prope rly lighted from half an hour after sunset to half an hour before sunrise. Such anchor and rope shall not be left out longer than is necesi.ary. (2) Any master who is convicted of a breach of th.is regulation shall be Jiable to a fine of three hundred dollars. 9, Cargo shall not be put ashore at nor taken from a public stelling except by I" ,ns of small boats or from small craft which must land or take t1, ... ,r cargo wHhout delay. Vessclt dis,, chatj;ljin& or loadmg at public stellings. 36 {Subliidiat'y} Power 10 tt\e Harbour Mas1er ro order vessel to move when ncct;$,'>afY. %'/7,,,.J Penalty for failure to move, Vwd leaving ancnor aua or chain at moorin&'s to buoy the """'· Preparation of pitch, tar, 01~., r<»' vessel. V~b working spirits, etc,, tf'I ll!U'! electric light. Cap. 49:04 Transporl and Harbours Htulwurs (Jn,i Pilt>tage &gulat/1HIS 10, {I) The Harbour Master may order any vessel lying alongside a stelllng or moored or anchored in a harbour to remove in any direction or to any place that be may direct (a) for the purpose of facilitating the movement of other vessels; or (b) for her own safety; or (c) for the safety of other vessels; or (d) for the purpose of enforcing quarantine rogulations1 or­ (e) for the purpose of securing free, or clear navigation; or (j) for the purpose of enabling other vessels to come along sid~ tb¢ same or neighbouring s:tellinss. (2) Any master who refuses to move his vessel, when so ordered, shall be liable to a fine of not less than seventy~five dollars and not more than three hundred dollars, and, m addit10n, he shall be liijble· \o a furthtr pena\\y of thirty do\\au. for evecy hour ot part of an hour that the vessel may remain after he has been so ordered to move: P.rovidP(i that the agg.refYltP. flmrnmt of 11.m~h pr.naltiP11. 11.hall not. exceed six. hundred dollars. 11. Whenever any vessel has to move from her moorings, leaving, anchor and or chain behind it shall be the duty of the owner, master, or local representative of such owner or master to cause them to be properly buoyed before her departure or within two hours thereof, and they shall be taken up and removed from the bed of the river within forty~eight hours thereof failing which, the owner or master shall be liable to a fine of not less than thirty or more than seventy~ five dollars for every twenty•.four hours they so remain after the ex:· piration of the time specified for their removal. 12, {I) Jf any pitch, tar or combustible matter is required for the· use of any vessel~ (a) lying to, moored, or at anchor in a harbour, or (b) lying alongsid• any st•lling, such pitch, tar or combustible matter shall be prepared in a boat at least ten fathoms distant frorn the nearest vessel or stellJng, (2) No light other than electric light shall be used on boe :rny­ vessel when Transport and Harbours Cap, 49:04 37 Harbours und Pilotuge Re[fulmiu11s {Subsidiary] (a) loading, discharging, starting, coopering or removing spirits, or (b) working highly inflammable cargo or part cargoes; or (c) highly inflammable cargoes or materials are near the work being done. (3) The master of any vessel who fails to comply with any of the requirements of this regulation shall be liable for each offence to a fine of three hundred dollars, 13, (1) If any vessel is on fire in a harbour the master thereof shall Regulations immediately get his vessel into the stream and to leeward of other ~~ Wroi;eh YCascls. h'-tb<:11.11'. (2) The Harbour Master shall after his arrival, whether the master be on board or not, take charge of such vessel until she is in his opinion removed to safe distance from other vessels. (3) The master of any vessel who without reasonable excuse (the proof whereof shall lie on him) acts in contravention of para~ graph (1) shall be Hable to a fine of seven hundred and fifty dollars, 14. (J) Every punt and craft shaH be provided with a good iron grapnel and chain or cable of sufficient weight and strength, according to the size of the vessel; and no punt or craft shall be allowed to make fti:Sl tu il pulilh; l)t,.clliug lu;;lwc,;;11 1)UU/1ci <:1.m.l l)Ulllil)i;;; wHhvu~ pcuuil)~ skm of the Harbour Master. (2) For any breach of the provisions of this regulation the owner of such punt or craft shall be liable to a fine of not less than 'fifteen dollars and not exceeding seventy~five dollars. Providing: of punt, etc., with proper grapnels and t'hAin~ ts. (1) Tf a vessel sinks or runs ashore within any harbour or Provision$ pilotage district the owner, hirer, master or consignee thereof shall ~ ~~1 within twelve hours of such occurrence give notice thereof to the aground in Harbour Master. Any person failing to comply with this requirement r:~:~ru. shall be liable to a floe of three hundred dollars. 16/12/1929} (2) If a vessel which has sunk or run ashore as aforesaid is jn such a position as to be, in the opinion of the Harbour Master1 a dimger to navigatfon, he ~hall cause it or ils po~ition to be adequately marked with buoys r -1 Hghts until such vessel is raised, removed or ,destroyed. 38 Cap. 49:04 Transp()rt and Harbours (~l HIUWut: Ollil Pilotag, &gulatfrms (3) The: Harbour Master may raise or remove any vessel which has sunk or run ashore as aforesaid and may cause the same with all the tackle, apparel, and furniture thereof and all merchandise, goods and article$ found on boarU, ur tiuch part as is preserved and recovered to be sold at public auction and after deducting all expenses incurred in lighting, buoying, raising and removing such vessel, shall pay the surplus, if any, to the Comptroller of Customs for disposal G. •9:oa by him in accordance: wilh Ou: provisions of the Wrecks Removal Act. If, however, the expenses which may have been incurred as aforesaid, exceed the proceeds of sale of the vessel including such articles aforementioned as may Pave been preserved and recovered, ot in the cvcul ufils uul being fbund possible to raise or remove such vessel, and its destruction in the circumstances being the only alter~ native, all expenses which may be incurred by the Harbour Master in this direction together with the expenses aforementioned may by an a.ctiou at law 1.K: n:cuvcrntl by him from the owner or any part­ owner of the vessel : OeaJin&: with ""'' adrift, etc, Mode of deo!iog with article fowid adrift. (U ol 1"-1(\) Provided that where the owner or a part~owner or the agent of such own~r or p~rt-owne-r of any such vessel is resident in Guyana :rnd can with reasonable diligence be found, the Harbour Master shall not raise, remove or destroy such vessel unless and until he shall have given such owner, part-owner or agent, or left at his usual or last known p1ace of abode or h11Jl.i11es.s., a nl\tie.e in writing requiring hirn to raise, remove or destroy the vessel within such time as the Harbour Master may think reasonable for the purpose, (4) No action shall lie against the Harbour Master for anv~ thing done by him or anyone acting under his directions or authority in or about the raising, removal, destruction or sale of any vessel or of any tackle, apparel, furniture, merchandise, goods or articles as aforesaid. 16. Any person who finds a boat or other craft or any package adrift, or picks up an anchor or cable, not buoyed, sbaU forthwith deliver the same to the Harbour Master, and, in default or so doing, shall be liable to a fine of not less than fifteen dollars and not exceed• ing one hundred and fifty dollars. 17. (I) On receiving from any person any boat, craft, package, anchor, or cable mentioned in the preceding clause, the Harbour Master shall forthwith advertise the same, giving notice that, if not el::UIDud v.'lthin ten c;:Jear dnyo from. tho dote of tho publioat!-11. or such advertisement, the same wm be sold by public auctic. Jn a Transport and Harbours Cap. 49:04 day to be named by the Harbour Master; and, on the sale being effected, the Harbour Master shall, before paying over the proceeds to the Department, deduct thcreot1t all cxpcn5c, n.cCC$5&rily inc1,m,·cd, (2) In the event of any such article being claimed, and right thereto established, to the satisfaction of the Harbour Master, before the expiration of the ten days mentioned in the- fl<lVi!ortl,;;ement, he shall deliver such article to the owner thereof, on payment by him to the Department of the expenses actually incurred, and of a salvage not exceeding one~third of the appraised value, after deduction of expemes, to be determined by the Harbour Mflster. 18, (1) It shall be the duty of the master of every vessel to remove or cause to be removed therefrom. the carcass of any dead animal or anything whatsoever injurious to health tying therein. (2) If any ballast, ashes or any other thing which does not float or the carcass of any dead animal, or other thing jnjurious to health is thrown overbo:wi fr,,m llny Vt>;~sel or from any Stelling below mean high water mark of spring tides, the master of the vessel, or the occu­ pier or owner of the stetling shall be Hable to a fine of three hundred dollars for each offence. (3) Anything required Jn accordance with paragraph (1) tu be removed from any vessel shall be removed and be disposed of as may be directed or sanctioned by the Harbour Master. 19. (1) No stelling shall be er.ected, extended, altered, or added to without the licence in writing of the General Manager and subject to such conditions as he may impose relating thereto, (2) Any person who erect:,, eK.tcmhs, allers ur add:$ to any Stelling without having previously obtained the licence of the General Manager to do so shall be liable to a fine of seven hundred and fifty dollars. (3) The Harbour Master may, after previous notification in writing so to do, remove or cause to be removed any erection, extension, alteration or addition made in contravention of paragraph (I). 39 Throwing overboatd ballast, car­ ea&s or other injurious matter. Extension, etc., of Stellings, [Reg. 27/1948) 20. (1) No material, sawdust, refuse, or anything whatsoever may Sawdust, be deposited anywhere in any harbour without the permission of the ~~r:•~·• Harbour Master. deposited in harbour without permltsion. 40 ( ~] Obstni.ctioo ol !)OOllC Stelling by timber, etc, Pi:.rialtr, for imped ng free move­ ents of vessels in harbour, v,.,.. proceeding a.cross river to keep out of way of v...,,..,1~ plying up and down ti'•,er. [Rea, 16/12/1929] Place of office and "'"'rat dulics of the Harbour M.astct. [Reg. 27/1948) Miuking of Government ,.:c,-Jt. Record of appolncmenu. [Reg. 27/1948) Cap, 49:04 Transport and Harbours Hmbou,.s and Pi/otage Regulat/011$ (2) Any person who commits a breach of this regulation shaU be liable to a fine of three hundred dollars and in addition thereto may l,e Jequin:J to temovc the thing deposited within twenty-four hours after notice has been given by the Harbour Master so to do, 21. If any timber or other article which may cause obstruction is dropped alongside or in front of any public stelhng, such timber or other article may be seized, and, on complaint preferred by the Harbour Master before the magistrate, shall be forfeited and sold; and the owner of the vessel from which such timber or other article was dropped, or the owner of such timber or other article, shall, on being convicted, be liable to a fine of seventy-five dollars for each offence. 22. Every person who wtll"ully or negligently causes any impedi­ ment to the free movements of vessels in any harbour shall he liable to a fine of three hundred dollars. 23. Notwithstanding anything to the contrary in the regulations for preventing collisions at sea made under the applied Act entitled the Merchant Shipping Act, 1894, every vessel navigating the waters ofa.ny river within the limits nfthe harbour ofGeor~etown or of the harbour of New Amsterdam shall, when proceeding across such river, keep out of the 'Hay of an-y othet V~'$.C\ "Whkh m'3.y be ?t:oceed­ ing up or down the said river and shall, if the circumstances of the ease admit, Avoid crni:11ing ahead of such other vessel. 24. The Harbour Master shall have an office in such place as may be appointed by the Minister; he sha11 keep a correct journal of everything occurring in his department; he shall keep a launch carry• iog a distinguishing flag by which he may be known at all times, and manned by a proper crew, for the purpose of performing the duties of his department: he shall pay regu1ar visits to the shipping, and 11.hi:all 11.11ti1:fy him~e1f that all vessels are orooerlv moored or made fa.st to a stetting. 25. The Harbour Master shall satisfy himself that all Government craft are duly marked with the proper numbers according to their licences. PILOTS, APPRENTICES AND LIGHTHOUSES 26. A record of all warrants of appointment of pilots shall be kept at the office of the Department. TnmspMI and Harbours Cap. 49:04 41 rmrou11rs auu r1wragc 1<eguwrums l:)Llb51111AO' l 27. (1) Every person desiring to have the services of a pilot shall Ap,p~ea~on apply to the Harbour Master for the same, and shall state, if praclic-, :~1~~t i abfo, the draught of lhe vessel to be pilo1:ed and the hour and place at which the pilot's services will be required. (2) The Harbour Master shall, on receipt of the application referred to in paragraph (l), direct which pilot shall give his services and, jf practfoable, at what pl.ace and hour. (3) When it is possible for a person to obtain the services of a pilot at the lightship, such pilot shall, unless detailed on other spei.:fatl duty, pilot such vessel and the person requiring the services of such pilot need not apply to the Harbour Master as provided in paragraph (I). 28, The pilots while in port shall attend at the pilot office at such Auendanct • (I c, · d of pllots at umes as 1ey may VG requJre . J.'!ilot offi<:e, W. (1) Every pilot !<hall, when required to do so, produce his \\ilot 10 . licence to the General Manager and in case of its revocation or f=~cewtn suspension, he shall forthwith deliver it up to the General Manager. required to do so. (2) On the death of a pilot any person into whose hands his (Reg. 27/19481 hcence comes shall without delay transmit it to the General Mnnager. (3) If a pilot or other person contravenes the requirements of this regufation, he shall be liable in respect of e.lch offence to a fine nf nne hundred and fifty dnHars 30. (I) Every pilot when acting as such shall be provided with his Peaa!tY for licence, and shall if requested produce it to any person by whom he :~J:;1! to ts employed, or to whom he offers hls services as a pilot. 119Cttce as pilot. (2) If a pilot refuses to produce his licence in accordance with this regulation, he shalt be liable, in respect of each offence, to a fine of one hundred and fifty dollars. 31. If any person not being a pilot falsely represents himself to Penalty for be such, either by means of using a licence or otherwise, he shall be f:i~~: liable in respect of ea.ch offence to a fine of three hundred dollar$, rcprcacoting l'limself IO be a pilot. 32. (l) A pilot may require the master of the vessel which he is Master t!) piloting to declare her draught of water, length and beam, and the ~ft%,t1'°' master sllall comply wtth any such request. inform auou asked in COflllCCticm with vessel piloted, 42 Pr~ ~t,e of draught of ,.,,,1. Harbour Master'• deci&ion tln.al in auce: uf Lli~putc, {Reg, 21/lsa.18) Pilot t() sivci mtlliter flag On boan1illSI """'· Ptnalty for Y(:ISSC)dis­ pla)'IDB pilot't. flag not hu'f\1\1 on boa.rd a pilot, C•P• 49:04 Trllllsport and Harbours /fQl'/Jours Qlld l'llottl,f{e Recula11<>ru (2) If the master of any vessel refuses to declare as aforesaid, or makes, or is privy to making any false statement to the pilot in answer to t11e request, he shall be liable in respect of each offence to a fine Qf three hundred doUars. 33. (I) Every pilot previous to quitting a vessel of which he has had charge, either on arri\1al or departure1 shall procure from its master a certificate (which the master js hereby required to give) stating the draught of water of and such other facts as the Harbour Master may require him to p,sccrtain relating to such vessel, and whether or not she has beeti piloted to his satisfaction; and such certificate shall be lodged by the pilot in the appropriate pilot office with as little delay as possible. (2) lf the pllot is of opinion that any vessel draws more than is stated in the certificate relating to her inwards, or for which he has cleared outwards or if such certificate is refused to be given1 he shall immediately report the same to the Harbour Master; and it shall be the dut:y of the Harbour Master to a.scertain the corre<::t draught of the vessel. 34, [n case of any dispute as to the corre<:t draught of water of a vessel, the Harbour Master or Deputy Harbour Master shal1 decide and his decision shall be final. 35. (I) When a pilot goes on board a vess.c\ to pi\ot her he sh an give the master a flag (in these Regulations called a pilot's flag) the upper horizontal half of which shall be white and the lower horl~ zontal half red. (2) The master shall have this flag hoisted at the masthead or at some other conspicuous po:lition., ond it shnll be kept flying until a pilot is about to leave the vessel 1 when it shall be hauled down and given to the pilot. 36. A pilot flag, or a flag so nearly resembling a pilot flag as to be likc:Iy to deceive1 shall not be displayed on any vessel not having on board a pilot, and if any such flag is displayed thereon, the master thereof" shall, unless in the case of a display of a flag likely to deceive, he proves he had no intention to deceive, be liable for each ~ ,..~nee to a fine of seven hundred and fifty dollars. Tramporl r.il/d Harbours Cap. 49:04 Htirht111rs t111d Pilottigr. Regu{atlUllt 37. (I) Any pilot who (a) keeps himself or is interested in keeping by any agent, servant, or other person, any public-house or place of public entertainment ot himself sells, or i'i\ teteited in ~Uing in the manner aforesaid any spirituous liquor, wine, tobacco, cigars, tea, opium, gange, charas, majoon or chang; or (h) commits any fraud Mother offP-nce ngair1d thP. revemmi:. of customs or excise or the laws relating thereto; or (c) is in any way directly or indirectly concerned in any corrupt practices relating to vessels, their tackle, furniture, cargoes, crews, or l)assengers~ or to \)ersons in distress at sea or by shipwreck, or to their property; or (d) lends his licence of appointment to any person; or (e) acts as pilot while suspended; or (f) acts as pilot whilst in a state of intoxication; or (g) refuses or wi1ful1y delays, unless prevented by illness ( which must be certified by a Government medical officer) or other reasonable cause, to take charge of any vessel upon the signal for a pilot being made by such vessel, or upon being reqoi.,..,.A t ., d,:. <:/\ hy th"' Hrirhn11l"' MM~tl':r r,r hy 1my Deputy Harbour Master; or (h) unnecessarily cuts or slips, or causes to be cut or slipped, any cable belonging to any vessel j or (i) refuses, on the request of the master, to conduct any vessel of which he has the charge into any port or place into which he is qualified to conduct the same, except on reasonable ground of danger to the v~::.cl; or (J) quits any vessel of which he has the charge before the service for which he was employed has been perfonned; or (k) tefos.es or neglects to give instruction. to an'Y apprentices entrusted to him by the Harbour Master, shall, in addition to any 1iability for damages at the suit of any person aggrieved which he may incur, be liable to a tine of seven hundred und fifty dollars. (2) Every ·rsun whu procures, ab~t6", or connives at the commission of any offence mentioned in this clause shall, likewise, 43 [Subsidiary] Offences of pilots. [26 of 1949 4 of 1972] 44 [SuholdW'Y I l"WU~luncul of pilot for wilful breach of duty. Movina of VC$$el i,g pilot.;lge district oertific:a1e to ~given by maater. (R."G, l?/U!~li!J V=b arriving with sickness on board. \'.:,,,.k:blcd Uable' to full pilotage dues, E,;1raordinary -= rendered in uress of weather. Cap. 49:04 Transport and Harbours Harbour, 011d Pilora,t Rtg11/atimts in addition to any such liability for damages, as aforesaid, be liable ta a fine of seven hundred and fifty dollars. 38. If any pilot, when in charge of any vessel by wJlful breach of duty, or by reason of drunkenness (a) does any act tending to the immediate loss, destruction or serious damage of such vessel. or tending, immediately to endanger the life or limb of any person on board such vessel; or (b) refuses or omits to do any lawful act proper and requi~ site to be done by him or for preserving such vessel from toss, destruction or serious damage, or for preserving any person belonging to or on board the vessel from danger to life or limb, that pilot shall in respect of each offence without prejudice to any civil or criminal proceedings ro which he may be liable, independ~ cntly of these Regulations, be liable to the cancellation or suspension of his pilot licence and to a further penalty of seven hundred and fifty dollars. 39. When it is desired to move a vessel from one place to another in a pilutage di:il.dQt, application in writing to do so must be made to the Harbour Master who will appoint a pilot to move such vessel, and the pilot after having moved such vessel shall obtain a certificate from the master in a form approved ofby the General Manager. 40. Vessels arriving with sickness of an infectious nature on board or having recently communicated with an infected port, shall not be boarded by a pilot, but a pilot shall go alongtide or ahead of such. vessel in the pilot boat and indicate to the master of the vessel where to anchor. •U, If any vessel having on board a fo,:i;nscd pilot lcad,s any vessel which has not a licensed pilot on board when the last mentioned vessel cannot, from particular circumstances, be boarded, the vessel thus led shall pay the full pilotage rate for her draught as if a licensed pilot had been on board. 42. (I) In stress of weather, which may render it impossible or dangerous to board any vessel the pilot shall in the pilot' ,at precede · and ·1ead such vessel into port. Transport and Harbours Cap. 49:04 Harbours anrl Pllatage Reculmkms (2) In ca:;e of informntioo being received at any time, thnt there is a vessel on the coast in distress, it shall be the duty of the Harbour Master immediately to send such vessel a competent pilot, either by the pilot boat or otherwise and to render her every assistance in his power. (3) All such services shall be deemed extraordinary. 4 [Subsidlnr 43. (1) There shall be an examining committee (hereinafter called Examining the committee) of the Harbour Master and two pilots, who shail ~mm¥~19◄f examine all applicants for licences as to their fitness to act as pilots ~6/t'9S-Of and each member of the committee shall receive such remuneration as the General Manager may direct. (2) The committee shall hold examinations as often as may be necessary. (3) Every applicant for a pilot's licence shall pay to the Department a fee of ten dollars before taking the examination referred to in paragraphs (1) and (2). 44. Every applicant for a pilot's licence must satisfy the com .. mittee in all of the following matters and the committee may there~ upon recommend to the General Manager the granting of a pilot's licence: (a) that he is over twenty~one years of age; (b) that he has been for the space of five years at least actually engaged and employed as a seafaring man; (c) that he is able to read and write; (d) that he is of good behaviour and sobriety; (e) that he has a practical knowledge of the pilotage district for which he may be licensed; (J) that he possesses a thorough knowledge of the rule of the rond nt sen and any other matter with referenc:e to pilotnge which the committee may deem necessary, such licence may be a general licence or may be limited to a particular district, Applicatlon for pilot's licence. (Reg. l7/l94i 4S, The General Manager shall publish in the Gazette a notice of Licen.:esiss.1.1e, every licence ir ~d to a pilot and shall also keep a list of all pilots ~Q eN~!d'inbe with thdr nddn;,.::i<.;) on.hibltod in u ooncph:mouc pluci, at hie offic•. ti~ .. c;,.,u,,.,., I Reg. 47/19481 46 I SdbsJdiury J Pilotag:e fees and cxemp. liorui from payrrient of. jl\t:f, 21/4/1925 27/194&) Pilotage f=i for in~• re,ioo.al Ve@is, tlC, f<XI for­ e11.1raordina.ry WOfk, Cap, 49:04 Transport and Harbours Harbmir:i and PlfofO({r Rqr11/alio,u 46. (1) The fees payable to the Department for services rendered by pilots shall be as set forth in the Schedule: Provided that (a) no such fees shall be payable in respect of any vessel in the service of the Government of Guyana or of any Commonwealth territory or of any Foreign State or Power not employed ill the carri:\,er. of merchandise on freight unless a pilot is actually employed by such vessel i (b) no such fees shaU be payable in respect of any vessel of or under thirt.r~five tons burden, by Guyana or Foreign mea:sun::mcnt, trading between Cuynna a.nd nny Foreign Port on the coast of Guyana or between Guyana and any of the West Indian Islands from Porto Rico to Trinidad, both inclusive, unless a pilot is actually employed by such vessel; (cJ any vessel over the above-mentioned tonnage lralling as aforesaid shall be liable to the payment of the fee for vessels of a draught of ten foot or under, prescribed in the Schedule to these regulations and such fee shall be charged [hree times on voyages inw,mh am.I three timcb ou ¥oyagc::. outwards in any one year unless a pilot is actually employed by such vessel in which event the vessel shall be liable for the payment of the fee prescribed for a vessel of the actual draught of su1,;h vc::sM;::I i (d) no such fees shall be payable in respect of any vessel employed in the coasting trade of Guyana, or inland com­ nmnication or any vessel employed in deep sea fishing and not calling at any rore1gn port, unless a pilot is actually employed by such vessel; (e) where any vessel arrives in Guyana seeking a market or freight and proceeds for another port or place, without coming to an entry, she shall not be liable to the payment of such fees, unless a pilot is actually employed by such vessel; (/) a vessel going from Georgetown to New Amsterdam and hack Qr from New Ami.terdam to G~nre~tnwn a.nd hack shall not be liable to the payment of such fees unless a pilot is actually employed by such vessel i but such vc:ssel shall pay full pilotage fees for the inward and final outward voyages whether a pilot is nNually f'!'mplnyP.rl or not. (2) All services rendered by the pilot establishment for the remuneration of which no specific provision is made by any list of fees for the time being in force shall be considered as extraordinary, and. the remuneration for tne same shall tn: lht:\l 1.J· 1c Ocnc1al Manager at such sums respectively as may be deemed reasonable. Transport and Harbours Cap. 49:04 Ha,·bour$ and J>i/otoge Regulations [Sub6i 47. Where a pilot has been engaged to bring inj take out or relllove Fee a vessel, the person liable to pay pilot:age dues for the vessel 8haJJ ftaya~l\! pay to the Department the sum of one dollar for each hour or part [iie:'. f.$i thereof thnt the pilot is detnincd nftcr the hour appointed for the Jll/1953-J arrival, departure or removal of the vessel: Provided that (a) notice of cancellation shall be accepted in the case of a vessel due at the lightship if received prior to the departure of the pilot for the lightship; (h) where a pilot i<. detained on a ver;.r.el after having pilnterl the vessel to a destination in the Essequibo, Berbice or Corentyne River the sum of 50 cents for each hour or part thereof shall be paid to the Department by the person liable to pay pilotage <lues, in respect of the periorl hetween the t.ime of mooring the vessel on arrival at, and the time of unmooring her on departure from, each point at which the vessel calls. 46, (1) Every puwc:r llrlvc::u vi;sscl cnu::rlng ur h::11vJng the:: Hu1buur row1:r i.lu of Georgetown or the Harbour of New Amsterdam sha11, when ~:tiu~yt navigating between the mouth of the Demerara River and the Dome~ channel., rara lightship or between the mouth of the Berbice River and the k~;.r i1Zl,' Bcrt,ii.;o Light Tower, llu su tliruugh tlio IJuuycl.l 1.;111:1.uucl, unless lhc Harbour Master issues instructions in writing to the contrary. (2) Notwithstanding an.ything contained in the Collision Regulations, every vessel navigatin g between the mouth of the Demerara River and the Demerara lightship or between the mouth of the Berbice River and the Berbice Light Tower shall, when pro• ceeding across the buoyed channel, keep out of the way of any other vessel proceeding throu.c:h the buoyed channel and shall, if the circumstances of ·the case admit, avoid crossing ahead of such other vessel. (3) Any master who fails to comply with or contravenes this n:gulaliun shall be liable tu a fine uf sevi:u hum.hcc.1 au<l fifty Julhus. 49. A person shall not, either wilfully or negligently- Penalty fo ' ' J' h h h 1· h h'b' d h ' in,iuring (a) mJure nny 1s t om:e or t e 1g ts ex I tte t eretn, or l!ehth,;,u,,. b b . hghts, bu,. any uoy or eacon, beacon, ~1 (b) remove, alter, or destroy any lightship, buoy or beacon; (c: de by, make fo:it to or run foul of any lightship, buoy or beacon. 48 Lighthouses, buoys, b=o"', t1c., in use of Dcpa.n. ntl'nl nntl"'t superinten• dencc of Habour Master, {Ref. 27/1948) Makiua of SUrYC)'.S and SOl.llldings. (Rc,11. 21}1W8} Penalty for offences not provided for Mlld1:i of making complaint again.st """" employed in pilot c:stabliitt• -·· (Reg, 27/l!Ml:ll Procec:dinas to be 1,,rought In n.a.mc of Harbcna Master. [Reg. 27/1948} Cao. 49:04 Transport and Harbours Htvlxturs and Pilota,e Re111/Qt/011s Any person acting in contravention of this regulation shall, in addiliun to the expenlrie:; of making good any damage lrio ooca:;ioned, be liable for each offence to a fine of seven hundred and fifty dollars or to imprisonment for six months. 50. AU ugnthouses, buoys and beacons and all boars ancl other appHances used in the pilotage service shall tie under the charge and superintendence of the Harbour Master, unless otherwise directed by the General Manager. SURVEYS, trrc. 51. The Harbour Master or such other person as shall be appointed by the General Manager shall as often as may be directed by the General Manager survey. sound, and examine the beacons. banks, and channels of the pilotage districts and such other districts as the General Manager may prescribe and report in writing to the General Manager. S2. In the case of non-compliance on the part of any person with the provisions of these Regulations, he shall be liable, in any case for which no penalty is provided, to a fine of one hundred and fifty dolJars. LOOAL AND OTHRR PROCEBrmms. 53. Every complaint for a contravention of these Regulations, .or the Act, by any person employed in the pilot establishment shall be in writing signed by the person complaining, and shall be left with the General Mana$er within fourteen days from the date of such alleged contraventi~m. 54. (1) AU proceedings under these Regulations may be brought by and in the name of the Harbour Master. (2) All fees co11ected under these Regulations shall be paid to the Department. (3) All proceedings under these Regulations shall be under rhe Summary Jurisdiction Acts. (4) All proceedings under these Regul•tions shall be brought within six moaths from the commission of the offence, Tra11sport a11d Harbours Cap. 49:04 Harbouts a11d Pfluiage Ri:g11/a11'om SCHEDULE FEES AND DUES FOR THE P!LOTAGE OF VESSELS P-Alt.T I 0) Fees for the pilotage of vessels from an anchorage in the: H.arbour of Georgetown to the lightship or from the lightship to an anchorage in the Harbour of Georgetown: Where the draught of the vessel~ does not exooed 10 ft. tt\e fee shat\ be $20.00 exceeds IO ft. but ,. 11 ft. .. .. $23.00 ,, 11 ft . ., ,, ,, 12 ft. ,, ,. ,, ., $28.00 12 ft, » " " 13 ft, ., II u " $33.00 ., 13 ft. ,, ,, ,, 14 ft. ,, ,, ,, ,, $38,00 \4 ft. ,. ., ,, 15 ft. ,. .. ., ,, $43,00 ,, 1.:l ft. ,, ,, ,, lU rt. ,, ,, ., ,. 348,00 ., 16 ft. ,, ,. 17 fl. ,. ., $54.00 ,, 17ft.,. " ,, 18ft. ,, ., $60,00 IS ft. ,. 19 ft. ,. ,. ., ,, $66,00 19 ft. 20 ft. ,, ,. $7:S 00 ,, 20 ft .• , ,. ,, ,. 21 ft. ,, ,, ,, ,, $84.00 and, in addition, for overy foot or part thereof in excess of 21~ $~00 (2) Fot,0 for- thi, pilotaso of vei,se1(1 from a. do;:,k in tha Hru-bour or Georgetown to the lightship or from the lightship to a dock in the Harbour of Georgetown-as set out at item(!} of this Part and in addition the sum of II0.00. (J) f'1.cis for th.c pilotu.gc -of v.;s~l:r (a} from an anchorage in the Harbour of Georgetown to a dock in tho said Harbour, or from a dock in I.he »arbour of Georgetown to an anchorage in the said Harbour (b) from a dock in the Harbour of Georgetown to another dock in the said Harbour ... PART ll 110,00 $20.00 FOR THE PlLOTAGE OF VESSELS TO, IN OR FR.O!lf THI; EsSEQfJIBO RJvmt (a) A vessel entering the Essequibo River and pr.oceeding to Parika or leaving the Essequibo River from Parika to pay pilotage fees as for entering or leaving Georgetow11. (b) A vessel proceeding from Georgetown to Parika or vice versa to pay double the riilotaae fees for entering or leaving Georgetown and in addition the su11 • £20.00. 49 (Sub,ddlary) (Reg. 16/12/1929 27/1948 15/19$2 7/I961J 50 1-1 Cop, 49:04 Transport and Harbours Harbours and Pllou,./le lkg-11/ariom (c) Vessels entering the Essequibo River a.nd proceeding beyond Parika to pay pilotage fees as at (a) or (b) above, in addition to an extra charge for distance from Parika on the fo11owing scale 10 miles or under--¼ the pilotage fee for entering or leaving Georgetown. O\ler lO miies bll.t not more than 20 miles-½ the pilolage fee for entering or leaving Georgetown. OuM ?fl ,..,,;1.-,1:. hut nM Mnrl'! than 10 mil~!>.--¾ the pilotaee fee for erl.tering or 1eavlng Georgetown. Over 30 mHes-the pilotage foo for entering or leaving George,. tl)WQ, For vtossels procbeding down. the l'iver the same fees. (d) A vessel requiring a pilot to move her from one part of the Essequibo River to another to pay for distance piloted as follows 10 miles or under ... Sl0 and ¼ the pilotage fee for Over 10 miles but not more than 30 miles Over 30 miles entering or leaving Georgetown. $10 and ½ the pilotage fee fur entering or leaving Georgetown. $10 and¾ the pilotage fee for enter­ ing or leaving Georgetown. (e) A vessel requiring a pilot to moor or unmoor her at any timber landing in the Essequibo River to pay a fee of $25.00. (/) A ves~I requiring a pilot to moor or unmoor her at any dock in the Esseql.libo Rivet to pay a fee of $10.00 . .Note.-Distances will be measured from a line drawn along Parika Stelling and extended across the river. PART Ill (1) Fees for the pilotage of vessels entering or leaving the Harbour of New Amtsll::riliuu Wbere the draught of the vessel does not exceed 8 ft. the fee shall be S20.00 exceeds 8 ft. but ,, ,, ., 9 ft. ,. ,. ,, ., $24.00 9 ft. ,, 10 ft. ,, ., $30.00 10 ft. 11 ft. ., ., $38.00 .. 11 ft. ,. ., 12 ft. ,, ,, $46.00 12 ft. .. ,. 13 ft. ., ,. ,, ., S54.00 .. JJ rt p ,. ,. ,, 14 n. ,. .. ,. " $64.00 and in addition for every foot ,;ir pan thereof in excess of 14 ft. $10.00 (2) Fe:es for pilotage of vessels (a) from an anchnrngl'l In tht! Harbour of New Amstt dam to a dock in the said Harbour, or from a dock in thta Transport and Harbours Cap. 49:04 Harbour of New Amsterdam to an anchorage in the said Harbour or from an anchorage in the Hal'hour or New Ant[)ti.,rdom lo unoths,r o.nchorugs, in the suid Harbour... gto,00 (b) from a dock in tile Harbour of New Amsterdam to another dock in the said Harbour... $20.00 (c) to a dock in the Harbour of New Amsterdam on entering the said Harbour or from a dock in the Harbour of New Amsterdam on leaving the said Harbour-as set out in item (I) of this Part and in addition the sum of 110.00. PART IV There shall be a surcharge of $8.00 on the fees for pilotage prescribed by Part I and Part JI of this Schedule in respect of the pi\6tage of any veoool thut · (a) cro9;ses the northern limit of the Harbour of Georgetown inward; (b) crosses the northern limit of the Harbour of Georgetown u1.1~wu.rU; (c) crosses the northern limit of the Harbour of New Amsterdam inward; (d) croases the northern limit of the Harbour of New Amst.erdam outward.