Pilotage Regulations (Cap. 51:02)

MINISTRY OF LEGAL AFFAIRS LAWS OF TRINIDAD AND TOBAGO www. legalaffairs.gov.tt 24 Chap. 51:02 IIYE·LAW Pilotage sunSIDlARY LEGISLATION PILOTAGE BYE-LAWS ARRANGEMENT OF BYE-LAWS I. Citation. 2. Interpretatiou. 3. Quali fications of candidates for pilot 's licenc e. 4. Selection of apprentices. Appointment of pilots. Reg ister of pilots. S. Duration , renew al, fees for licences, certificates and examinat ions. 6. Temporary licences , number of pilots-Fees for such licences. 7. Sickness to be reporte d. R T ,P.}IV P. fnr pilots 9. Duties of pilots. 10. Boarding or leaving ships . II . Employment of pilots. 12. Pilot boats. 13. Rates for calculation of pilotage dues. 14. Pilotage dues in compu lsory pilotage areas. IS. Pilotage dues in non-compu lsory pilotage areas . Pilotage dues for ship under dead tow. Pilotage dues for services outside the Gulf of Paria. 16. Payment of pilot's fees when detained. 17. T ravellin g allowances to and from certain ou tports. 18. Cases when pilot cannot board ship . 19. Collection of pilot dues. 20. Association to make returns to the Authority. 21. Pi lots to give bond . 22. Cond itions applicable prior to the receipt of a pilotage certificate. 23. Renewal of pilotage certificates. UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Pilotage Pilota g e Bye-la ws BYE-LAW 24. Peel; for pilotage certificates, medical certificates, 25. Certificated officers to produce certificates. 26. Certified officers to fly signals. 'Ll , Examirung Committee. 28. Exempting local trade ships. 29. Meeting of the Authority. 30. Duties of the Authority. 31. Fees to be credited to Authority. 32. Pilot boarding and landing fees. 33. Payment for call at port . FIRST SCHEDULE. SECOND SCHEDULE. www.legalaffairs.gov.tt Chap. 51:02 25 [Subsidiary'] L.R.O. 112009 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS LAWS OF TRINIDAD AND TOBAGO www. legalaffairs.gov.tt 26 [Subsldlu ry] 11 3/1957*. Chap. 51:02 Pilotage ]'ILOTAGE BYE-LAWS made under sections 7 and 16(4) Citation. Interpretation. 11 30/19731. 1. These Bye-laws may be cited as the Pilotage Bye-laws. 2. In these Bye-Iaws "apprentice" means a person serving an apprenticeship to the Pilots' Association, under the tenus approved by the Authori ty, and who is in training as a candidate for a pilot 's licence; "the Authority" means the Pilotage Authority established by section 4 of the Act; "Basin" means the dredged portion of the harbour of Port-of-Spain abutting on King' s Wharf and its exten sion, but does not include the dredged channel leading to such dredged portion; "certificated officer" means a master or mate holding a pilotage certificate granted to him by the Authority; "the Committee" means a committee of the Authority appointed by such Authority; "compulsory pilotage areas" mean s the areas described in the Second Schedule to the Act; "container ship" means a ship designed to carry containerised cargo or a ship so described on its Certificate of Registry; "dead tow" means in relation to a ship that the ship has no propulsi on or steerage of its own or that its propulsion or steerage is not in working order; "Dock Master" means the person for the time being in charge of the mooring or unmooring, docking or undocking, of a V f" ~~ f"1 :H :l ny ()l1tp nrt : "Grier Channel" means the dredged channel in the Port-of-Spain harbour leading to the Basin and extending in a north-easter!y direction from a beacon in latitude 100 38' 00" North. and longitude 61033' 05" West and marked out by other beacons; ;< These Bye-Laws have been amended by GN's 7911959; 3111962; 9011963; 13111963; 8811967; 32/197 1; 130/1973; 5 1/19S0; 193/19S9; 6S/l 990; 9011992; 134/1992; 43/1995; 127/1996; 286/2000 and 25212005. UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Pilotage Pilota g e Bye-la ws www.legalaffairs.gov.tt Chap. 51:02 27 [Subsidhary] "Harbour Master" means the Harbour Master of the harbour of Port-of-Spain ; "King's Wharf" means the deep water wharf built on the reclaimed area South of Wrightson Road, Port-of-Spain, and extending from a point in latitude 10 0 38 ' 43" North and longitude 61030' 54" West in a North 62° West direction; "King's Wharf Extension" means the deep water wharf to the West of King's Wharf; "master" means the person for the time being in command or having charge of a ship; "maximum gross tonnage" means the maximum gross tonnage registered or ascertained in accordance with the Tonnage Regulations of the Merchant Shipping Act, 1894; "optional pilotage areas" means the areas described in the First Schedule to the Act; "outport" means any of the compulsory pilotage areas other than the area described at paragraph (a) of the Second Schedule to the Act; "pilot" means a person holding a licence granted by the Authority to pilot vessels in one or more pilotage areas; "pilotage areas" include compulsory pilotage areas and optional pilotage areas; "pilotage dues" means the payment to be made in respect of the services of a pilot; "pilots' office" means the premises of the Pilots' Association at Port-of-Spain; "Pilot Master" means the person appointed to be Pilot Master by the Pilots' Association with the approval of the Authority; "Secretary-Accountant" means the person appointed to be Secretary-Accountant by the Pilots ' Association with the approval of the Authority; "ship" means every description of vessel used in navigation not propelled by oars; "tanker" means a ship de signed to carry bulk liquid cargo or a ship so described on its Certificate of Registry. UPDATED TO DECEMBER 31ST 2009 57 & 58 Vict. c. 60. L.R.O. 112009 MINISTRY OF LEGAL AFFAIRS LAWS OF TRINIDAD AND TOBAGO www.legalaffairs.gov.tt 28 Chap. 51:02 Pilotage Puotago Byo laws Qualificati ons of candidates for p ilot 'a licence. 168/19901 . 3. A person shall not be licensed as a pilot unless and until he satisfies the Authority that (a) he is a Commonwealth citizen ; (b) he is, at the time a licence is first granted him, more than twenty-five and not more than fifty years of age; (c) he holds a certificate as a Master Mariner issued by the Government of Trinidad and Tobago or an equivalent or higher certificate ; (d) he has served an apprenticeship of not less than six mouths with the Pilots.' Associariou under the conditions approved by the Authorit y; (e) he has produced certificates of good conduct and sobriety from persons by whom he may have been employed during the three years immediately preceding his application for a licence; (f) he has satisfied either a board of medical practitioners or a medical practitioner approved by the Authority (i) that he is medically and physically fit; (ii) that his eyesight is normal in respect of both distance and colour; (g) he has satisfied the examining committee constituted under these Bye-laws that he has a satisfactory knowledge of local conditions and the Regulations affecting the pilotage areas for which he has applied for a licence including (I) his skill in handling ships; (ii) his knowledge of navigation in each area for which he has applied for a licence; (iii) the courses and distances between any two places within the limits of such pilotage areas; (iv) the rise, velocity and set of the tides; (v) the depth and character of the soundings; UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Pilotage Pilota g e Bye-la ws www.legalaffairs.gov.tt Chap. 51:02 29 [Subsidiary'] (vi) the best anchorages; (vii) the banks, shoals and other dangers; (viii) the buoys and lights in such areas . 4. ( I ) Applications for admission as an apprentice shall be made to the Pilots' Association. Such applications shall forthwith be entered in a register kept for that purpose by the Pilots' Association. These entries shall set out the name, age, address and qualifications of the applicant. (2) Applications for admission as an apprentice shall be presented periodically by the Pilots ' Association to the Authority, and always in order of their entry in the register required to be kept by paragraph (I) . S electio n of apprentices. Register of p ilots. (3) Whenever a vacancy occurs in the number of Appointment of pilots. licensed pilots, the Pilots' Association shall submit to the Authority for its approval the application of the applicant considered by them most suitable for admission as an apprentice. (4) The Authority shall cause to be kept a register in which the following particulars shall be entered: (a) the name, age and qualifications of each licensed pilot; (b) the date on which each such pilot passed the examinations required by paragraphs (1) and (g) of bye-law 3. 5. (I) A pilot's licence or pilotage certificate shall be valid Dur ation , . . .. renewal, fees for for a period of one calendar yp:lr from the dare of Its being issued . li r-en r-es , certificates and (2) Subiect to this bye-law the Authority may require a examinations.J . , [131/]963 pilot who has attained the age of sixty years to retire if it is ~~~l~~~ satisfied that for reasons of health or any Just or reasonable cause 25212005 1. such pilot is unable to perform his duties competently. (3) The Authority shall require a pilot who has attained the age of sixty-five years to retire from the pilotage service. L.R.O. 112009 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS LAWS OF TRINIDAD AND TOBAGO www.legalaffairs.gov.tt 30 Chap. 51:02 Pilotage Puotago Byo laws Second Schedule. Temporary licences, number of pilots-Fees for such licences. 143/1995 252/20051 . (4) When the Authority requires a pilot to retire under paragraph (2) or (3), it shall forthwith cancel the licence which the pilot may be holdin g at the date of his retirement and from the date of the cancellation the licence shall be void and of no effect. (5) A candidate for an examination for a pilot's licence or a pilotage certificate shall pay to the Authority a fee of five hundred dollars. From this fee each examiner shall be entitled to be paid a fee of one hundred dollars for each examination. (6) The fees prescribed in the Second Schedule to these Dye-laws shall be payable to the Authority on the issue or renewal of a pilot's licence or pilotage certificate prescribed in these Bye-laws. 6. (I) The number of pilots to be licensed for all areas may at any time be fixed by resolution of the Authority if the pilotage requirements of ships calling at the ports of Trinidad and Tobago so warrant. (2) The Authority may issue temporary licences to pilot ships in any areas to one or more pilots whenever the Authority is satisfied that conditions necessitate such temporary addition to the number of licensed pilots. (3) A temporary licence issued under this bye-law shall not be in force for a longer period than six months in the first instance but may be renewed from time to time for a like period, provided that the holder of such licence returns it for cancellation by the Authority when the Authority considers and notifies him that the conditions which necessitated its issuance no longer exist. If the holder of a temporary licence fails to comply with the requirements of this paragraph, he is liable on summary conviction to a fine of five hundred dollars. (4) A person holding a temporary licence shall be subject to all the provisions of these Bye-laws with the exception of subparagraphs (b) and (d) of bye-law 3 and bye-law 5(3). UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Pilotage Pilota g e Bye-la ws www.legalaffairs.gov.tt Chap. 51:02 31 [Subsidhary] (5) Notwithstanding anything contained in these Bye laws every person to whom a temporary licence is issued shall pay to the Authority a fee of five hundred dollars on the issue of the licence and a fee of two hundred dollars on each renewal of such licence. 7. (1) Any pilot unable to perform his duties through Sickness to be illness or other cause shall forthwith cause the Harbour Master to reported. be so notified. (2) Any pilot who fails to comply with paragraph (1) is liable on summary conviction to a fine of one hundred dollars . 8. (I) No pilot shall leave Trinidad and Tobago without the Leave for pilots. permission of the Chairman of the Authority; such permission shall be in writing and shall not be granted without the approval of the Authority. (2) Any pilot who contravenes paragraph (1) is liable on summary conviction to a fine of one hundred dollars. 9. (1) A pilot shall obey and execute all lawful orders and Duties of pilots. directions given and issued by the Authority, the Harbour Master, or the General Manager of the Port Services Department. Orders affecting pilots who are members of the Pilots ' Association shall be given through the Pilot Master or his nominee, and when so given shall be deemed to have been given to the pilot or pilots concerned. In a harbour, port or dock, a pilot shall also obey all lawful orders and directions of a Harbour or Dock Master relating to docking, undocking, towing or removing a ship under his charge, so long as such ship shall be within the limits of any harbour or dock as the case may be. (2) A pilot shall observe strict sobriety. He shall throughout the time he is in charge of a ship use his utmost care and diligence for her safety and the safety of other ves sels or property. L.R.O. 112009 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS LAWS OF TRINIDAD AND TOBAGO www.legalaffairs.gov.tt 32 Chap. 51:02 Pilotage Puotag o Byo laws (3) A pilot shall not lay a ship aground without a written order from the owner or master of such ship, or the agent of the owner, as the case may be; but a pilot may, in his discretion, when the owner, master, or agent is absent or unavailable , lay aground any ship which in his opinion is likely to cause an obstruction or danger in a fairway, channel or harbour. (4) A pilot shall not leave a ship piloted by him until she is berthed alongside a wharf or jetty or brought to a safe anchorage or, if outward bound, until the appropriate limits referred to in bye-law 10 have been reached. (5) A pilot shall, before leaving a ship piloted or attended by him, hand a pilotage note to the master of such ship, who shall enter thereon in ink all the particulars required, and sign the said note when the services ot the pilot are completed. The note shall also be signed by the pilot. (6) A pilot shall not bring a ship alongside any wharf or jetty, if the signal for the wharf or jetty is against him, or if no signal is usually used, unless he has first received permission from the person in charge of the wharf or jetty. (7) A pilot shall behave with due civility towards the owner, master, and officers of any ship under his charge. (H) A pilot about to take charge at a Ship which IS outward bound or which is about to be moved from the wharf or jetty where she is lying, shall go on board and report himself to the master or officer in command before the appointed time so as to enable her to be moved out from the wharf or jetty or to proceed to sea or to her destination. (9) A pilot when on duty shall always have with him a reliab le watch, official tide tables for Trinidad and Tobago, a copy of these Bye-laws and directions for the time being in force for the pilotage areas, and his licence. (10) A pilot in charge of a ship before leaving a wharf, or jetty or anchorage shall enquire of the master or officer in command whether the steering gear is connected and in proper working order, UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Pilotage Pilotage Bye-la ws www.legalaffairs.gov.tt Chap. 51:02 33 [Subsidhary] and when clear shall direct that the anchors be ready for letting go. A pilot boarding and taking charge of an inward bound ship shall direct that the anchors be ready for letting go without delay. (11) A pilot shall not proceed to any port or place outside the pilotage area for which he is licensed for the purpose of piloting any ship into such area without the permission of the Harbour Master. (12) A pilot shall not attend to give evidence at any trial or enquiry to which he is not a party, unless he has been required to do so by any lawful summons or subpoena, and a pilot so summoned or subpoenaed shall on the receipt of such summons or subpoena report the receipt thereof in writing to the Harbour Master. (13) A pilot who notices within the pilotage area or areas for which he is licensed any alteration or alterations in any of the banks or channels , or any buoys or beacons which have been driven away, broken down, damaged or displaced, or any circumstances affecting the safety of navigation, shall forthwith give a correct description thereof in writing to the Pilot Master on duty who shall forward it as soon as possible to the Chairman of the Authority. (14) A pilot, when any accident has happened to, or has been caused by, a ship while in his charge, shall as soon as possible report the facts in writing to the Pilot Master on duty who shall forthwith forward such report to the Authority. (15) The duties of a pilot in regard to an outward bound ship shall commence as soon as such ship begins to unmoor for the purpose of proceeding to sea. (16) On inward bound ships the duties of a pilot shall commence when he boards the ship in any position within a pilotage area . (17) In the event of a pilot refusing to proceed to sea from any anchorage or from any wharf or jetty with any ship which he is qualified to pilot when requested to do so by the master, owner or agent of such ship, he shall forthwith give his reasons therefore in writing to the Pilot Master on duty who shall forward them to the Authority. L.R.O. 112009 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS LAWS OF TRINIDAD AND TOBAGO www.legalaffairs.gov.tt 34 Chap. 51:02 Pilotage Puo tago Byo laws Boarding or leaving ships. Emp loyment of pilots. (18) If a pilot misla ys his licence he shall forthwith give notice thereof to the Authority, stating the circumstances in which the licence was mislaid, and shall forthwith apply to the Authority for a duplicate licence. (19) A pilot shall not hold directly or indirectly any share or interest in any tug or company or in any vessel used regularly or occasionally for towing ships in the pilotage areas. (20) On landing at Port-of-Spain after piloting a ship in or out, all pilots for all pilotage areas shall report their movements without delay to the pilots' otnce. At outports , pilots shall report to the Pilot Master on duty. (21) Pilots for all pilotage areas are to be available at the shortest possible notice and shall be connected by telephone at their residence. (22) All pilots shall attend frequently at the pilots' office to examine the latest charts of Trinidad and Tobago, notices to mariners and other information relating to the waters of Trinidad and Tobago. (23) A pilot shall wear when on duty either ashore or afloat such uniform as may from time to time be required by the Authority. (?4) Any pilot who conrravene« this bye-law is liable on summary conviction to a fine of four hundred dollars (without prejudice to the powers conferred on the Authority by the Act to revoke or suspend his licence). 10. The limits for pilots boarding or leaving ships shall coincide with the limits specified in bye laws 14 and 15. 11. Pilots shall be allotted to ships in all pilotage areas by the Pilot Mester subject to eny special directions of the Harbour Master or the General Manager of the Port Services Department. UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Pilotage Pilota g e Bye-la ws www.legalaffairs.gov.tt Chap. 51:02 35 [Subsidiary'] 12. (1) No boat shall ply as a pilot boat or carry a pilot flag Pilot boats. or pilot boat light or make signals prescribed under Article 8 of the Regulations for the Prevention of Collision at Sea in or near any area prescribed in the First and Second Schedules to the Act unless a pilot is on board. Any boat engaged solely for the purpose of embarking or disembarking pilots in ships shall have the word "Pilot" painted on the: how or sllpe:rstnJ~tllre: in plain letters (2) Any person who plies a boat in respect of which paragraph (1) of this bye-law is contravened is liable on summary con viction to a fine of four hundred dollars. 13. Pilotage dues in respect of pilotage services rendered by licensed pilots in the se veral pilotage areas shall be calculated in accordance with the rates laid down in bye-laws 14 and 15 and in the First Schedule to the se Bye-laws. All these rates shall be subject to such surcharge or rehate as may from time to time he fixed by the Authority and approved by the Minister. Rates for calculation of p ilotage d ues. 14. (1) Pilotage dues in respect of services rendered by licensed Pilotage dues in • •• co mpulsory pilots III compulsory pilotage areas shall be calculated as follows: pilotage areas . [9011963 (a) the relevant charge prescribed in the First 13lVl 973 4311995 Schedule to these Bye-laws shall be made; 252/20051. (h) between the hours of 6:00 a.m. and 6:00 p.m. a First Schedule. charge of three hundred and forty dollars shall be made in respect of attending lines by a pilot's launch or launches; (c) between the hours of 6:00 p.m. and 6:00 a.m. and on weekends and public holidays an additional charge of twenty-five per cent of the fees payable in accordance with paragraph (a) shall be made for such service . (2) The pilotage dues calculated in accordance with the provisions of paragraph (1) shall cover pilotage of any ship to or from the Grier Channel and Basin when the pilot boards it, or leaves it at anchor or underway, within the limits of Port-of-Spain harbour. L.R.O. 112009 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS LAWS OF TRINIDAD AND TOBAGO www. legalaffairs.gov.tt 36 Chap. 51:02 Pilotage Puotago Byo la ws Pilotage dues in non-compulsory pilotage areas . 11 3011973 5111980 4311995 252/20051 . (3) Whenever a ship is shifted and the operation necess itates letting go and re-securing at another berth, the pilotage dues calculated in accordance with paragraph (1)( a) shall be charged . (4) Whenever a ship is shi fted alo ng a wharf without letting go, a pilot need not be employed. If a pilot is emp loyed ha lf the pi lotage dues calculated in accordance with paragraph (I)(a) shall be charged. (5) In case of pilotage at outports, the pilot shall embark within five miles, but not less than one mile, of the berth. 15. (I) Pilotage dues in respect of servicesrendered by licensed pilots in non-compulsory areas shall be calculated as follows: (a) Within the limits of Port-of-Spain lIarbour (i) to and from an anchorage within the limits of Port-of-Spain Harbour the dues shall be one thousand dollars; (ii) to and from alongside another vessel or hulk the dues shall be the like dues as are payable under bye-law 14 for services rendered by licensed pilots in compulsory pilotage areas . (h) Outside the limits of Port-of-Spain Harbour- $ ¢ (i) from outs ide the Bocas to Teteron, Chaguaramas Bay, Carenage, Port-of-Spain, Point Lisas , Pointe-a-Pierre, San Fernando, Brighton, or Point Fortin, or vice versa, per unit of gross tonnage.. . .50 provided that the minimum charge shall be 4,000.00 UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Pilotage www.legalaffairs.gov.tt Chap. 51:02 37 Pilota g e Bye-la ws [Subsidiary'] .25 .50 .50 .50 Pilotage dues for ship under dead tow. [130119731. $ ¢ 3,000.00 3,000.00 3.500.00 (ii) from inside the Bocas to Teteron , Chnguaramas R:lY, r:lr~n:lg~ , Port-of-Spain, Point Lisas, Pointe a-Pierre, San Femando, Brighton, or Point Fortin, or vice versa per unit of gross tonnage provided that the minimum charge shall be ... (iii) from Port-of-Spain to Point Lisas, San Fernando, Pointe-a Pierre, Brighton or Point Fortin, or vice versa, per unit of gross tonnage provided that the minimum charge shall be (iv) from Point Lisas, Pointe-a-Pierre, San Femando to Brighton or Point Fortin or vice versa per unit of gross tonnage provided that the minimum charge shall be (v) from Port-of-Spain to Carenage or Chaguaramas Bay or vice versa per unit of gross tonnage provided that the minimum charge shall be 3,000.00 (2) Notwithstanding paragraph (1) and bye-law 14, pilotage dues in respect of services rendered by licensed pilots in either compulsory or non-compulsory pilotage areas to a ship under dead tow shall be twice the dues payable under bye-law 14 for services rendered by licensed pilots in compulsory pilotage areas. (3) Notwithstanding paragraphs (1) and (2) , pilotage Pilu\"g~ dues dues in respect of services rendered by licensed pilots outside the ~)(~~~~~.~~~sGulf Gulf of Paria shall be negotiated between the operator or agent of riJr:)li~;l3l. the vessel and the Pilots' Association; the agreed charge to be subject to the approval of the Pilotage Authority. L.R.O. 112009 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS LAWS OF TRINIDAD AND TOBAGO www.legalaffairs.gov.tt 38 Chap. 51:02 Pilotage Puotago Byo laws Payment of pilot's fees w hen detain ed. r1 3011 973 4311995 252/20051 . Jravenmg allowances to and from certain outports . r252120051. Cases when pilot cannot board ship. 16. (I) A pilot shall be entitled to detention money in accordance with the prov isions of section 2 1 of the Act at the rate of three hundred dollar' for each hour or part thereof and shall have the like remedy for recovery of the same as is provided in the Act for recovery of pilotage dues. (2) An attendance fee of three hundred dollars in lieu of detenti on shall be charged in respect of a pilot ordered for a vessel arriving or departing when such order is subsequently cancelled or for each hour or part thereof in respect of a ship arriving after the time for which the pilot is ordered and for which no notice of cancellation has been received: Provided always that no fee shall be chargeable when notice of cancellation or change in time of such vessel's arrival or departure is received before the p ilot starts his journey to such vessel by land or sea, as the case may be. (3) Any pilot who, without his consent or who , owing to unavoidable necessity, shall be taken beyond the limits of the areas for which he is licensed, shall be entitled (a) to a detention fee of two h undred dollars for each day he is so detained; and (b) in the event that he is taken to a foreign port, to a return passa ge to Trinidad and Tobago by plane . 17. A Travelling allowance in respect uf pilotage services shall be chargeable per round trip by the Pilots ' Association on ships arriving at or departing from (a) Chaguaramas at the rate of $125.00; (b) Point Lisas at the rate of $190.00 ; (e) Pointe-a-Pierre at the rate of $190.00; (d) Claxton Bay at the rate of $190.00; (e) Brighton at the rate of $325 .00; and (f) Point Fortin at the rate of $375 .00. 18. If any boat or ship having on board a licensed pilot leads any ship which has not a licensed pilot on board, in a non compulsory area , when the last mentioned ship cannot through stress or weather or other exceptional circumstances be boarded, UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Pilotage Pilotage Bye-la ws www.legalaffairs.gov.tt Chap. 51:02 39 [Subsidiary'] the pilot so leading the last mentioned ship, at the request of the master thereof. shall be entitled to full pilotage rates as if he had actually been on board and had charge of that ship. 19. A pilot who is not a member of the Pilots' Association shall collect all fees due to him and members of the ASSOCIatIOn shall make arrangements for the collection by the Secretary Accountant of all fees due to them. Col1ection of p ilot due». 20. (1) The Secretary-Accountant shall make an annual Association to . . . make return s to audited return to the Authonty of all revenue and expenditure of the Authority. the Association, and when required to do so by the Authority shall render supplementary returns. (2) The Secretary-Accountant shall place annually before the Authority an audited statement of the Provident Fund or staff pension scheme accounts of the Association, and a certificate that all insurances required by the Articles are in force . (3) The Secretary-Accountant shall furnish the Authority monthly with a statement giving the following particulars in respect of each pilot for the preceding month: (a) Number and description of pilotage movements performed monthly at Port-of-Spain and outports, (h) Leave or sick periods, if any, with dates . (cJ Stand off periods with dates. 21. (1) Every pilot on being licensed, and every pilot already licensed shall execute a bond for four thousand dollars in such form as the Authority may direct with a view to the limitation of his liability for neglect or want of skill to that amount as prescribed by section 24 of the Act. (2) Any pilot who fails to execute a bond as required by paragraph (1) is liable on summary conviction to a fine of four hundred dollars. 22. ( I) A master or mate of a ship who applies for a pilotage certificate shall not be entitled to receive such certificate unless and until he satisfies the Authority that (a) he holds a certificate as master or mate issued by UPDATED TO DECEMBER 31ST 2009 Pilots to give bond. [9011 9921. Conditions applicable prior to the receipt of a pilotage cenlnca re. [193119891. L.R.O. 112009 MINISTRY OF LEGAL AFFAIRS LAWS OF TRINIDAD AND TOBAGO www.legalaffairs.gov.tt 40 Chap. 51:02 Pilotage [Subeldlury] Puotag o Byo laws the Government of Trinidad and Tobago or an f"qll iv:l lf':nt or hi gh er certif icate: (b) he has made six voyages to the compulsory pilotage area for which he applies for a certificate within the twelve months immediately preceding the date of his application ; (c) he has passed an examination conduc ted by the committee appointed under bye-law 27. (2) Where the master or mate of a drogher registered ell. 50:07. under the Droghcrs Act, or the master of a motor launch licensed e ll. 50:OS. under the Motor Launches Act , applies for a pilotage certificate, he shall satisfy the Authority that (a) he holds a valid certificate of competency to be master or mate of the particu lar ship; (b) he has made six voyages, assisted by a licensed pilot to each compulsory pilotage area within the three months immediately preceding the date of his application to navigate in such area; (c) he has passed an examinat ion conducted by the committee appointed under bye-law 27; (d) he has fulfilled the requirements of paragraphs (a) , (e) , (f) , and (g), of bye-law 3. (3) Where an applicant cannot reasonably be expected to satisfy the requirements of paragraph (e) of bye-law 3, the Authority Inay instead accept a certificate of good character from the Commissioner of Police. (4) A ship having a licensed pilot on board shall in compulsory areas have priority over a ship which has not such a pilot on board. Ren ew al of pilotage certificates. 23. A pilotage certificate shall not be renewed without re examination unless the applicant has made not less than three voyages to the compulsory pilotage area referre d to in the certificate during the twelve months immediately preceding his application for the renewal of his certificate. UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Pilotage Pilotage Bye-la ws www.legalaffairs.gov.tt Chap. 51:02 41 [Subsidiary'] 24. The fees to be paid for the issue and renewal of pilotage certificates shall be in accordance with the Second Schedule to these Bye-laws; but a pilotage certificate shall not be renewed until the applicant has produced a certificate from a medical practitioner approved by the Authority to the effect (a) that the applicant's eyesight is normal as regards distance and colour visions ; (b) that he is physically fit for pilotage duties. Fees for pilotage ccrt if ic ntca, medical certificates . Second Schedule. 25. (1) The holder of a pilotage certificate shall produce on Certifi cated officers to demand to any harbour master, pilot, police officer or Customs produce Officer, his pilotage certificate when piloting within an area certificates , specified in the Second Schedule to the Act. (2) Any such person failing to comply with paragraph (1) is liable on summary conviction to a fine of forty dollars. 26. Every holder of a pilotage certificate when in charge of a vessel underway in any compulsory area shall cause by day the international Code flag "H" to be flown from the jumper stay, and by night in addition to side lights a white light over a red light in a vertical line not less than eight feet apart to be carried in a similar position. Any such person failing to comply with this bye-law is liable on summary conviction to a fine of forty dollars. Certified officers to fly signals . 27. A comm ittee of the Authority appointed to conduct Rs arninin g Committee. examinations under these Bye-laws shall consist of the Harbour [19311 9891. Master, who shall be Chairman, the representative of the Pilot's Association and one other suitably qualified member of the Authority selected by the Chairman. 28. In addition to ships exempted from compulsory pilotage under section 16(3) of the Act, all British ships and foreign flag tugs under 600 gross tons trading locally within the meaning of section 16(4) of the Act and registered under the provisions of the Merchant Shipping Act, 1894 of the United Kingdom shall be exempted from compulsory pilotage if not carrying passengers , provided that the Master of any such ship satisfies the committee referred to in bye law 27 that he is a fit and proper person to be given an exemption certificate. UPDATED TO DECEMBER 31ST 2009 Exe mpting local trade ships. 57 & 58 Vi~l. c. 60. L.R.O. 112009 MINISTRY OF LEGAL AFFAIRS LAWS OF TRINIDAD AND TOBAGO www. legalaffairs.gov.tt 42 Chap. 51:02 Pilotage Puotago Byo laws Meeting of the Aut hori ty . Duties of the Authority. P...",,, ttl hI" credited to Authority. r43/1995 127/1996 252/20051 . 29. (I ) The Authority shall meet on the third Monday in f':lrh calendar month to t rnns ar-t hnsi ness ; hil t if th at (by i" :l public holiday the meeting shall be postponed to the following Monday or such other day as the Chairman may appoint. If for any reason business is not concluded at a regular meeting, the meeting may be adjourned to such date as the Chairman may decide. (2) II shall be cumpetent fur the Chairman to call by notice in writing an emergency meeting of the Authority at any time, should he consider the business sufficiently urgent. 30. The Authority shall consider at its regular meetings all business placed before it in connection with (a ) recommendations made for the amendment or alteration of the Act or Bye-laws dealing with pilotage; (h) complaints against pilots or holders of pilotage certificates; (c) proposals to vary fees for pilotage licences or certificates; (d) the disposal of funds accruing to the Authority; (e) proposals to engage apprentices to the pilo tage serVIce; (/) suggestions for the improvement of the pilotage serVIce ; (8) any business arising under these Bye-laws which is properly before the Authority. 31. (1) All fees payable under the Second Sched ule shall be credited to the Authority and shall be used by the Authority to defray the expenses of the Authority. (2) The Pilot' s Association shall deduct the sum uf une hundred and ninety thousand dollars per annum from moneys received by it and shall pay the sum deducted to the Authority to defray the expenses of the Authority and any surplus shall be applied as provided under section 6 of the Act. UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Pilotage www.legalaffairs.gov.tt Chap. 51:02 43 Pilotage Bye-la ws [Subsidhary] 32. (1) The following fees shall be paid by all vessels when under pilotage: (a) Pilo t boarding and landin g f e es. on week days other than public holidays l~~lg~j between the hours of 6:00 a.m. and 6:00 p.m.- i~~i665 1. (i) within the declared limits of Port-of-Spain Harbour that is to say within a radius of 4 miles of a point in latitude 10° 39' 12" N. and longitude 61° 31' 47" W.-$900.00: (ii) within the area of Cronstadt Island, Tembladora and the United States Naval Jetty that is to say the area beyond the declared limits of Port-of-Spain Harbour as at (i) but within a radius of 6 miles of a point in latitude 10° 39' 12" N. and longitude 61° 31' 47" W.-$1,700.00; (iii) within the Chaguaramas area that is to say the area beyond the area of Cronstadt Island, 'Iembladora and the United States Naval Jetty as at (ii) but within a radius of 9 miles of a point in latitude 10° 39' 12" N. and longitude 61 " 31' 47" W. and having a northern limit of the parallel of latitude 10° 41' 00" N.-$2,200.00; (iv) within the Bocas that is to say the area beyond the Chaguaramas area as at (iii) but within a radius of 18 miles of a point in latitude 10° 39' 12" N. and longitude 61° 31' 47" W. and having a northern limit of the parallel of latitude 10° 45' 00" N. $4,400.00; (h) on weekends, PublicHolidays and betweenthe hours of 6:00p.m. and 6:00a.m. on weekdays an additional charge of thirty per cent of the fees payable in accordancewith paragraph(a) shallbe made. (2) The fees prescribed in paragraph (1) shall be payable only when a pilot boat owned and operated by the Pilots ' Association is used and not otherwise. L.R.O. 112009 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS 44 Chap. 51:02 LAWS OF TRINIDAD AND TOBAGO www. legalaffairs.gov.tt Pilotage Puotago Byo laws Payment for call at pOlt. r252120051 . 33. The owners of every ship (a) whose master or mate holds a pilotage certificate; and (b ) which arrives from or departs for a foreign port; and (c) which during such arrival or departure calls within a compulsory pilotage area, shall pay for each call an amount equivalent to twenty-five per cent of the pilotage dues provided by bye-law 14 and the First Schedule to these Bye-laws. FIRST SCIlliDULE Description f~rship Ships up to 2,500 tons Container ships and ships (other than tankers) over 2.S()() tons and up to IS,OOO ton s Other ships Dues payable in or OUi f?( any compulsory pilota ge area $3SIJ.IJIJ $350 .00 plus an additional charge of IS cents per ton for each ton in excess of 2,500 tons $350.00 plus an additional charge of 20 cents per ton for each ton in excess of 2,500 tons UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Pilotage Pil otag e Bye-laws SECOND SCHEDULE www.legalaffairs.gov.tt Chap. 51:02 45 [Subsidhary] [252120051. Fees payable to the Pilotage Authority on the issue ofa pi lot \ licence: First issue ... R en ew al or A me nd ment Duplicate ... $ ¢ 400.00 1co.oo 200.00 Fees paya ble to tlie Pi lotag e A uth ori ty 011 tlte issu e ofa p ilota ge certificate: First issue . Renewal . Amendment to Certificate Duplicate ... $ ¢ 600.00 240.00 240.00 400 .00 UPDATED TO DECEMBER 31ST 2009 L.R.O. 112009