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PILOTAGE ACT 1913

PILOTAGE ACT 1913 - LONG TITLE

An Act to consolidate and amend the Law relating to Pilotage.{1}
[7th March 1913]
Part I (ss.16) rep. by SLR 1927; 1979 c.39 s.50(4) sch.7 Pt.II

Power of Board of Trade to make Pilotage Orders.

PILOTAGE ACT 1913 - SECT 7

7.(1) The Board of Trade may, by Order made under this Act (in
this Act referred to as a Pilotage Order)

(a)make such rearrangement of pilotage districts and pilotage
authorities as the Board think necessary or expedient; and

(b)establish new pilotage districts and new pilotage authorities and
abolish existing pilotage districts and existing pilotage authorities
in cases where it appears to the Board necessary or expedient; and

(c)define the limits of pilotage districts, [distinguishing as
respects any pilotage district in part of which pilotage is
compulsory and in part of which pilotage is not compulsory, the
part of the district in which pilotage is compulsory]; and

(d)provide for the incorporation of any pilotage authority, and make
such alteration in the constitution of any pilotage authority with
reference to their powers and duties as pilotage authority, and such
provisions as to the appointment of committees (including, if it is
thought fit, persons not members of the authority), and as to the
relations between the authority and the committee, as the Board
think necessary or expedient; and

(e)empower a pilotage authority to delegate to a committee thereof
any of its powers and duties, and provide, if it seems necessary
or desirable, that the decisions of the committee on questions so
delegated shall not require confirmation by the pilotage authority;
and

(f)make such provision for the direct representation of pilots and
shipowners on any pilotage authority or committee of a pilotage
authority as the Board think necessary or expedient; and

(g)in cases where a pilotage authority have powers and duties as to
other matters as well as pilotage, provide for their accounts as
pilotage authority being kept separate from their accounts in
relation to other matters; and

(h)[make provision as to the circumstances in which pilotage in a
pilotage district is to be compulsory, subject to provision being
also made, in a case where pilotage ceases to be compulsory in
connection with the rearrangement of the district,] for the payment
of compensation to the pilots concerned for any loss or damage
which may be incurred by them in consequence of such rearrangement;
and

(i)authorise, where it appears expedient, any pilotage authority to
make byelaws providing for the grant of certificates (in this Act
referred to as deep sea certificates) certifying that persons are
qualified to act as pilots of ships for any part of the sea or
channels outside the district of any pilotage authority, so, however,
that a pilot holding such a certificate shall not be entitled to
supersede any other person as pilot of a ship; and

(j)provide that any Act (other than this Act), order, charter,
custom, byelaw, regulation, or provision shall, so far as it relates
to pilotage, cease to have effect within any pilotage district or
as respects any pilotage authority, but may re-enact the whole or
any part thereof so far as is not inconsistent with the provisions
of this Act; and

(k)provide for compensation being paid to any pilots for any loss
or damage which may be incurred by them in consequence of any
Order abolishing or rearranging any pilotage districts; and

(l)make any provisions which appear necessary or expedient for the
purpose of giving full effect to the Order.

(2) Provision shall be made by Pilotage Order for the direct
representation of pilots either on the pilotage authority or on the
committee of the pilotage authority of any district where there are
not less than six licensed pilots if a majority of the pilots
licensed for the district signify in writing to the Board of Trade
that they desire such representation, and, where such provision is
made, provision shall also be made for the representation of
shipowners on the authority or committee, as the case may be.

(3) A Pilotage Order establishing a pilotage authority for any
pilotage district shall provide for the representation on the
pilotage authority of any dock or harbour authority having
jurisdiction within the district which was represented on the
pilotage authority for the district at the time of the passing of
this Act, and which desires to be so represented.

(4) A Pilotage Order shall not be made by the Board of Trade
except

Para.(a) rep. by 1979 c.39 s.50(4) sch.7 Pt.II

(b)on the application in writing of any person interested in the
pilotage of any pilotage district or in the operation of the laws
relating to pilotage in that district or the administration of those
laws.

Subs.(5)(6) rep. by 1979 c.39 s.50(4) sch.7 Pt.II

(7) The provisions contained in the First Schedule to this Act
shall have effect with respect to Pilotage Orders.

Pilotage districts and pilotage authorities.

PILOTAGE ACT 1913 - SECT 8

8.(1) For the purposes of this Act the districts established as
pilotage districts under Pilotage Orders made under this Act shall
be pilotage districts, and the pilotage authorities shall be the
pilotage authorities as constituted by Pilotage Orders made under
this Act.

Subs.(2) rep. by 1979 c.39 s.50(4) sch.7 Pt.II

S.9 rep. by 1979 c.39 s.50(4) sch.7 Pt.II

Continuation of existing compulsory districts and abolition of
existing exemptions.

PILOTAGE ACT 1913 - SECT 10

10.Subs.(1) rep. by 1979 c.39 s.50(4) sch.7 Pt.II

[(2) Any reference in this Act to a pilotage district in which
pilotage is compulsory shall, in the case of a district in which
pilotage is compulsory only in part of the district, be construed,
if the context so requires, as a reference to that part of the
district only.][

PILOTAGE ACT 1913 - SECT 11
Obligations where pilotage is compulsory.

11.(1) Every ship (other than an excepted ship) while navigating in
a pilotage district in which pilotage is compulsory for the purpose
of entering, leaving, or making use of any port in the district,
and every ship carrying passengers (other than an excepted ship),
while navigating for any such purpose as aforesaid in any pilotage
district (whether pilotage is compulsory or not compulsory in that
district) shall be either

(a)under the pilotage of a licensed pilot of the district; or

(b)under the pilotage of a master or mate possessing a pilotage
certificate for the district who is bona fide acting as master or
mate of the ship.

(2) If any ship (other than an excepted ship) in circumstances in
which pilotage is compulsory under this section, is not under
pilotage as required by this section, after a licensed pilot of the
district has offered to take charge of the ship, the master of
that ship shall be liable [on summary conviction] in respect of
each offence to a fine not exceeding double the amount of the
pilotage dues that [(disregarding any increase in the dues
attributable to failure to comply with the requirements of byelaws
in force in the district about requests for pilots) would have been
payable in respect of the ship if it had been under pilotage as
so required].

(3) For the purposes of this Act the following ships are excepted
ships:

(a)Ships belonging to His Majesty;

Para.(b) rep. by 1979 c.39 s.50(4) sch.7 Pt.II

(c)Fishing vessels [of which the registered length is less than 47.5
metres];

(d)Ferry boats plying as such exclusively within the limits of a
harbour authority;

(e)Ships of less than fifty tons gross tonnage;

(f)Ships exempted from compulsory pilotage by byelaw as herein-after
provided in this section.]

Subs.(4)(5) rep. by 1979 c.39 s.50(4) sch.7 Pt.II[

PILOTAGE ACT 1913 - SECT 11
Obligations where pilotage is compulsory.

11.(1) Subject to subsection (3) of this section, a ship which is
being navigated in a pilotage district in circumstances which the
Pilotage Order for the district specifies as circumstances in which
pilotage in the district is compulsory shall be

(a)under the pilotage of a licensed pilot of the district who, in
any such case as is specified in byelaws made under this Act by
the pilotage authority for the district, is accompanied by an
assistant who is also a licensed pilot of the district or, if the
byelaws so provide, has a qualification specified in the byelaws; or

(b)under the pilotage of a master or first mate who possesses a
pilotage certificate for the district and is bona fide acting as
master or first mate of the ship.

(2) Without prejudice to the generality of the preceding subsection
but subject to the following subsection, a ship which is being
navigated in a port in a pilotage district at a time when

(a)there is a defect in its hull, machinery or equipment which
might affect materially the navigation of the ship; and

(b)the pilotage authority for the district have, at the request of
the body managing or regulating the port, given notice to the
master of the ship stating that the ship is to be under pilotage,

(3) The preceding provisions of this section shall not apply to a
ship belonging to Her Majesty, and a pilotage authority may by
byelaws under this Act provide that a ship which is of a kind
described in the byelaws by reference to its type, size or cargo
shall not be required by virtue of the Pilotage Order for the
authority's district to be under such pilotage as is mentioned in
subsection (1) of this section; and in this Act "excepted ship"
means, in relation to a pilotage district, a ship belonging to Her
Majesty and any other ship of a kind described in byelaws made by
virtue of this subsection by the pilotage authority for the
district.

(4) If any ship is not under pilotage as required by subsection
(1) or (2) of this section, and either

(a)the master of the ship has not complied with the requirements of
byelaws made under this Act, by the pilotage authority for the
district in question, about requests for pilots; or

(b)a licensed pilot of the district has offered to take charge of
the ship,

(5) It shall be a defence in proceedings for an offence under the
preceding subsection to prove that on the occasion to which the
charge relates the ship was being navigated in the pilotage district
in question only so far as was necessary to avoid serious danger
to the ship.]

PILOTAGE ACT 1913 - SECT 12
Exemption from compulsory pilotage of ships belonging to certain
public authorities.

12. The provisions of this Act with respect to compulsory pilotage
shall not apply to tugs, dredgers, sludge-vessels, barges, and other
similar craft

(a)belonging to or hired by a dock, harbour or river authority
whilst employed in the exercise of the statutory powers or duties
of the authority and navigating within any pilotage district which
includes within its limits the whole or any part of the area of
the authority; or

(b)belonging to a local authority whilst employed in the exercise of
the statutory powers or duties of the authority and navigating
within the pilotage district within which the port to which they
belong is situate:

Provided that, where in any pilotage district any of the classes of
vessels aforesaid were at the time of the passing of this Act in
practice subject to compulsory pilotage, the pilotage authority may
by byelaw provide that any of such classes of vessels shall
continue to be so subject.[

PILOTAGE ACT 1913 - SECT 13
Provision with respect to ships calling at a port for the purpose
only of taking pilot.

13. A ship calling at a port in a pilotage district for the
purpose only of taking on board or landing a pilot belonging to
some other pilotage district shall not, for the purpose of the
provisions of this Act relating to compulsory pilotage, be deemed to
be navigating in the first-mentioned district for the purpose of
entering, leaving, or making use of that port.]

S.14 rep. by 1979 c.39 s.50(4) sch.7 Pt.II

PILOTAGE ACT 1913 - SECT 15
Liability of owner or master in the case of a vessel under
pilotage.

15.(1) Notwithstanding anything in any public or local Act, the
owner or master of a vessel navigating under circumstances in which
pilotage is compulsory shall be answerable for any loss or damage
caused by the vessel or by any fault of the navigation of the
vessel in the same manner as he would if pilotage were not
compulsory.

Subs.(2)(3) rep. by SLR 1927

Powers of pilotage authorities to license pilots for their district.

PILOTAGE ACT 1913 - SECT 16

16. Subject to the provisions of this Act, a pilotage authority may
license pilots for their district, and do all such things as may
be necessary or expedient for carrying into effect their powers and
duties.

PILOTAGE ACT 1913 - SECT 17
Power of pilotage authorities to make byelaws.

17.(1) A pilotage authority may by byelaws made under this Act

(a)determine the qualification in respect of age, physical fitness,
time of service, local knowledge, skill, character, and otherwise to
be required from persons applying to be licensed by them as pilots,
provide for the examination of such persons, and fix the term for
which a licence is to be in force, and the conditions under which
a licence may be renewed; and

(b)fix the limit (if any) on the number of pilots to be licensed,
and provide for the method in which and the conditions under which
the list of pilots is to be filled up; and

(c)provide generally for the good government of pilots licensed by
the authority, and of apprentices, and in particular for ensuring
their good conduct and constant attendance to and effectual
performance of their duties, whether at sea or on shore; and

(d)determine the system to be adopted with respect to the supply
and employment of pilots, and provide, so far as necessary, for the
approval, licensing, and working of pilot boats in the district, and
for the establishment and regulation of pilot boat companies; and

(e)provide for the punishment of any breach of any byelaws made by
them for the good government of pilots or apprentices by the
infliction of fines not exceeding [fifty pounds] (to be recoverable
as fines are recoverable under the Merchant Shipping Acts, 1894 to
1907), without prejudice to their powers under this Act to revoke
or suspend the licence in the case of any such breach of byelaw;
and

(f)... provide for the [collection (either before or after the
performance of services to which they relate) and for the]
distribution of pilotage dues; and

(g)if and so far as it appears to the authority to be generally
desired by the pilots concerned, provide for the pooling of pilotage
dues earned by the licensed pilots or by any class of pilots in
the district; and

(h)provide for a deduction being made from any sums received by
pilots of any ... contributions required for any fund established
for the payment of pensions or other benefits to pilots, their
widows or children (in this Act referred to as a pilots' benefit
fund); and

Para.(i) rep. by 1979 c.39 s.50(4) sch.7 Pt.II

(j)establish, either alone or in conjunction with any other pilotage
authority, pilots' benefit funds, and provide for the direct payment
to any such fund of any contributions by pilots towards the fund,
or of any part of the ordinary receipts of the pilotage authority,
and also for the administration of any such fund and for the
conditions of participation in any such fund; and

(k)provide for the method of conducting the examination of masters
and [first] mates applying for pilotage certificates so as to
maintain a proper standard of efficiency; and

(l)prohibit the grant of pilotage certificates to masters or mates
who do not hold at least [a mate's certificate of competency
recognised under Part II of the Merchant Shipping Act, 1894] [such
certificate issued under the Merchant Shipping Act 1970 as may be
specified in the byelaws]; and

<(m)provide that a pilotage certificate shall not be renewed without re-examination unless the master or [first] mate has made not less than a specified number of visits to the port as master or [first] mate of any ship in respect of which the certificate is granted; and

(n)if the pilotage authority are an authority authorised to grant
deep sea certificates by virtue of a Pilotage Order made with
reference to that authority, provide for the grant of deep sea
certificates; and

(o)apply any byelaws made under this section for the good government
of pilots and the punishment of any breach of any such byelaw,
with any necessary modifications, to masters and mates holding
pilotage certificates; and

(p)require the owners of ships, whose masters or [first] mates hold
pilotage certificates, to contribute towards the pilot fund or
account of the pilotage district, and require the holders of such
certificates to make a periodical return to them of the pilotage
services rendered by them; provided that the contribution so required
from an owner shall not exceed such proportion of the pilotage dues
which would have been payable in respect of the ship if the master
or [first] mate had not held a pilotage certificate, as may be
fixed by the Board of Trade; and

(q)provide for any matter for which provision is to be made or may
be made under this Act by byelaw.

(2) A byelaw shall not take effect unless it has been submitted to
the Board of Trade and confirmed by them with or without
modifications.

(3) Notice of any byelaw proposed to be submitted for confirmation
under this section shall, before it is so submitted, be published
in such manner as the Board of Trade direct.

[(4) A byelaw may make different provision for different
circumstances.]

PILOTAGE ACT 1913 - SECT 18
Power of Board of Trade on representation to revoke or vary byelaws
or require pilotage authority to make byelaws.

18.(1) If at any port either

(a)a majority of the licensed pilots belonging to the port; or

(b)any number of persons, not less than six, being masters, owners,
or insurers of vessels using the port; or

(c)a dock or harbour authority not being the pilotage authority; [or

(d)the Pilotage Commission;]

(2) Any byelaw revoked by any such order shall cease to have
effect, and any byelaw to which additions are made or which is
varied or added to, shall have effect with the variations or
additions made by the order.

(3) If a pilotage authority fail to submit to the Board of Trade
for confirmation a byelaw in accordance with an order made under
this section, the Board of Trade may treat the byelaw which they
have required the pilotage authority to submit to them as a byelaw
submitted to them by the authority, and confirm it accordingly, and
the byelaw so confirmed shall have effect as if it had been made
and confirmed in accordance with this Act.

PILOTAGE ACT 1913 - SECT 19
Licensing of pilots by pilotage authority not to involve any
liability.

19. The grant or renewal of a licence to a pilot by a pilotage
authority under the powers given to them by this Act does not
impose any liability on the authority for any loss occasioned by
any act or default of the pilot.

PILOTAGE ACT 1913 - SECT 20
Form of pilot's licence, and production and return of pilot's
licence to pilotage authority.

20.(1) A pilot's licence shall be in a form approved for the time
being by the Board of Trade.

(2) A licensed pilot shall, when required by the pilotage authority
by whom the licence has been granted, produce his licence to the
authority, and, in case his licence is revoked or suspended, shall
deliver up his licence to the authority.

(3) On the death of a licensed pilot, the person into whose hands
his licence comes shall without delay transmit it to the pilotage
authority by whom it was granted.

(4) If any licensed pilot or other person fails [without reasonable
excuse] to comply with the requirements of this section, he shall
be liable in respect of each offence to a fine not exceeding [two
hundred pounds].

PILOTAGE ACT 1913 - SECT 21
Receipts and expenses of pilotage authority.

21.(1) All receipts of a pilotage authority in their capacity as
such (other than any money received by them on behalf of and paid
over to any pilot, or if the authority administer a pilots' benefit
fund, any sums received by them as direct payments for that fund),
shall be paid into a separate fund or account, to be called the
pilot fund or account of the pilotage district.

(2) All expenses incurred by a pilotage authority in the exercise
of their powers or performance of their duties as such authority
shall be paid out of their pilot fund or account, and, except so
far as may be provided to the contrary by byelaw, subject to the
payment of those expenses, the balance shall in each year be
applied for the purposes of any pilots' benefit fund established in
the district, and so far as not required for that purpose shall be
applied for the benefit of pilots in such manner as may be
determined by the pilotage authority with the approval of the Board
of Trade.

(3) A separate account shall be kept by any pilotage authority who
administer a pilot's benefit fund of all moneys received by them as
payments to that fund, or for the benefit of that fund, and money
standing to the credit of that account shall not be applicable to
any purpose other than the purposes of the fund.

(4) Nothing in this section shall prevent a pilotage authority which
owns or hires the pilot boats for the district from keeping a
separate account in respect of such boats.

PILOTAGE ACT 1913 - SECT 22
Returns to be furnished and statements of accounts to be sent to
Board of Trade by pilotage authorities.

22.(1) Every pilotage authority shall deliver triennially, or, if the
Board of Trade so direct, at shorter intervals, to the Board, in
the form and at the time required by the Board, returns giving
such particulars as the Board may by order prescribe with respect
to pilotage in their district, ....

(2) Every pilotage authority shall in addition furnish annually to
the Board of Trade, at such time as the Board direct, a statement
of their accounts in the form prescribed by the Board, duly
audited, including a statement of the average gross and net earnings
of pilots during the past year, and, where the authority administer
a pilots' benefit fund, the separate accounts of that fund,
including particulars of the investments if any.

(3) Every pilotage authority shall allow the Board of Trade, or any
person appointed by the Board for the purpose, to inspect any books
or documents in the possession of that authority relating to any
matter in respect of which a return is required to be delivered or
a statement is required to be furnished under this section.

(4) If a pilotage authority refuse or fail without reasonable cause
to deliver any return or furnish any statement to [the Pilotage
Commission] in accordance with this section, His Majesty may by
Order in Council suspend the pilotage authority for such time as
His Majesty may direct, and thereupon the Board of Trade shall by
order direct that, in the meantime, the powers of the authority
shall be exercised, and the duties of the authority shall be
performed, by such person as they may appoint for the purpose, and
any such order shall take effect as if it were enacted in this
Act.

Grant of masters' and first mates' certificates by pilotage
authorities.

PILOTAGE ACT 1913 - SECT 23

23.(1) A pilotage authority may grant a certificate (in this Act
referred to as a pilotage certificate) to any person who is bona
fide the master or [first] mate of any ship if that person applies
for such a certificate, and if, after examination, they are
satisfied that, having regard to his skill, experience, and local
knowledge, he is capable of piloting the ship of which he is
master or [first] mate within their district:

Provided that

(a)A pilotage certificate shall not be granted to the master or
[first] mate of a ship unless he is a British subject, [or a
national of a member State of the Economic Community other than the
United Kingdom and the ship is registered under the law of a
member State of the Economic Community]; and

(b)In any district where a byelaw is in force prohibiting the grant
of pilotage certificates to masters or mates who do not hold at
least [a mate's certificate of competency recognised under Part II
of the Merchant Shipping Act, 1894] [such certificate issued under
the Merchant Shipping Act 1970 as is specified in the byelaw], the
pilotage authority shall not grant a certificate except to a master
or [first] mate holding [such a certificate of competency] [a
certificate so specified] [; and

(c)In any district where a byelaw is in force prohibiting the grant
of a pilotage certificate in respect of a vessel of a description
specified in the byelaws, the pilotage authority shall not grant a
certificate in respect of such a vessel.]

(2) A pilotage certificate shall be in a form approved for the
time being by the Board of Trade, and shall contain (in addition
to any other particulars which may be prescribed) the name of the
person to whom the certificate is granted, the name and draught of
water of the ship or ships in respect of which it is granted, the
limits of the district in respect of which the certificate is
granted, and the date on which it was granted.

(3) A pilotage certificate shall not be in force for more than a
year from the date on which it is granted, but may [if held by
the master or first mate of a ship] be renewed annually by the
pilotage authority, subject to the provisions of any byelaw made by
that authority as to re-examination.

(4) A pilotage certificate may be granted so as to extend to more
than one ship belonging to the same owner, while the master or
[first] mate is bona fide acting as master or [first] mate of any
such ship, provided that they are ships of substantially the same
class [and registered as mentioned in paragraph (a) in subsection
(1) of this section].

(5) A pilotage authority may, on the application of the master or
[first] mate of a ship, alter his pilotage certificate so as to
relate to any other ship or ships of a not substantially greater
draught of water or tonnage than that to which the certificate
formerly related, to which the master or [first] mate may be
transferred, or so as to cover any ships of substantially the same
class [and registered as mentioned in paragraph (a) in subsection
(1) of this section] and belonging to the same owner as the ships
to which the certificate already relates.

(6) A pilotage authority may, for the purposes of this section
treat ships which are shown to their satisfaction to be bona fide
under the management of the same person as manager, managing owner,
demisee, or time charterer, as being ships owned by that person.

S.24 rep. by 1979 c.39 s.50(4) sch.7 Pt.II

PILOTAGE ACT 1913 - SECT 25
Provision with respect to foreign certificates of competency.

25. For the purposes of this Act, references to [certificates of
competency recognised under Part II of the Merchant Shipping Act,
1894] [certificates issued under the Merchant Shipping Act 1970],
shall be deemed to include references to any certificate of
competency granted by the government of a foreign country, being a
certificate of a class approved by the Board of Trade for the
purpose.

Suspension or revocation of a pilot's licence or a pilotage
certificate.

PILOTAGE ACT 1913 - SECT 26

26. A pilotage authority may suspend or revoke any pilot's licence
or any pilotage certificate granted by them if it appears to them,
after giving the holder thereof an opportunity of being heard, that
he has been guilty of any offence under this Act or of any breach
of any byelaw made by the authority, or of any other misconduct
affecting his capability as a pilot, or that he has failed in or
neglected his duty as a pilot, or that he has become incompetent
to act as pilot; and a licence or certificate, if so revoked,
shall cease to have effect, and, if so suspended, shall cease to
have effect for the period for which it is suspended:

Provided that in any case where pilots are directly represented on
a committee of a pilotage authority, that committee may, until a
Pilotage Order is made regulating the relations between the authority
and the committee, exercise the powers conferred on a pilotage
authority by this section with respect to pilot's licences as though
they were the pilotage authority.

PILOTAGE ACT 1913 - SECT 27
Appeal by pilot, master, or first mate, against action of pilotage
authority with respect to pilot's licence or pilotage certificate.

27.(1) If a complaint is made to the Board of Trade that a
pilotage authority have

(a)without reasonable cause refused or failed to examine any
candidate for a pilot's licence, or a master or [first] mate for a
pilotage certificate, or to grant such a licence or certificate
after examination; or

(b)conducted any examination for a pilot's licence or a pilotage
certificate improperly or unfairly; or

(c)imposed conditions on the granting of a pilot's licence or a
pilotage certificate which they have no power to impose or which
are unreasonable; or

(d)without reasonable cause refused or failed to renew a pilotage
certificate, or, having obtained possession of any such certificate,
refused or failed to return it; or

(e)without reasonable cause suspended or revoked a pilotage
certificate; or

(f)in any other manner failed properly to perform their duties under
this Act with respect to the matters above-mentioned in this
section, or improperly exercised any of their powers under this Act
with respect to those matters;

[(1A) The Secretary of State may

(a)before he considers a complaint as required by the preceding
subsection, ask the Pilotage Commission for its advice on the
complaint; and

(b)when considering the complaint as so required, have regard to the
Commission's advice on the complaint.]

(2) If a pilotage authority refuse or fail to give effect to any
such order of the Board of Trade, the Board of Trade may, for the
purpose of giving effect to the order, exercise any powers of the
pilotage authority, and anything done by the Board of Trade in the
exercise of those powers shall have the same effect as if it had
been done by the pilotage authority.

PILOTAGE ACT 1913 - SECT 28
Appeal by pilot against action of pilotage authority in suspending,
&c., pilot's licence.

28.(1) If a pilot is aggrieved by the suspension or revocation by
the pilotage authority of his licence, or by the refusal or failure
of the pilotage authority to renew his licence, or by the refusal
or failure of the pilotage authority who have obtained possession of
his licence to return it to him, or by the imposition upon him by
the pilotage authority of a fine exceeding two pounds, he may
either appeal to a judge of county courts having jurisdiction within
the port for which the pilot is licensed, or to a ... stipendiary
magistrate having jurisdiction within that port.

(2) For the purpose of hearing the appeal, the judge or magistrate
shall sit with an assessor of nautical and pilotage experience
selected and summoned by the judge or magistrate.

(3) Objection may be taken to any person proposed to be summoned
as an assessor, either personally or in respect of his
qualification, and by either party to the appeal.

(4) The judge or magistrate may confirm or reverse the suspension
or revocation of the licence, or make such order in the case as
may seem just, and his decision shall be final, unless special
leave to appeal from the same to the High Court on a question of
law or a question of mixed law and fact is given by the judge or
magistrate, or by the High Court, and in such case the decision of
the High Court shall be final.

(5) The costs incurred by a pilotage authority under this section
shall be payable out of any fund applicable to the general expenses
of the pilotage authority.

(8) In the application of this section to Ireland

(a)The expression "judge of county courts" and "judge" shall
respectively mean a county court judge and chairman of quarter
sessions, and include recorder;

(b)The expressions "stipendiary magistrate" and "magistrate" shall
respectively mean a magistrate appointed under the Constabulary
(Ireland) Act, 1836;

Para.(c) rep. by 1959 c.25 (NI) s.154(3) sch.5

PILOTAGE ACT 1913 - SECT 29
Fees in respect of pilot's licences and pilotage certificates.

29. Such fees shall be payable on the examination for a pilot's
licence, or for a pilotage certificate, and on the grant, renewal,
or alteration of any such licence or certificate, as may be fixed
by byelaw made under this Act.

Right of licensed pilot to supersede unlicensed persons.

PILOTAGE ACT 1913 - SECT 30

30.(1) A pilot licensed for a district may supersede any pilot not
so licensed who is employed to pilot a ship in the district.

(2) Where a licensed pilot supersedes an unlicensed pilot the master
of the ship shall pay to the latter [an appropriate proportion of
the pilotage dues payable in respect of the ship].

Any question as to the proportion payable ... to the person whom
the licensed pilot has superseded shall be referred to the pilotage
authority by whom the licensed pilot has been licensed, and their
decision on the question shall be final.

(3) If in any pilotage district a pilot not licensed for the
district pilots or attempts to pilot a ship [when he knows that] a
pilot licensed for that district has offered to pilot the ship, he
shall be liable in respect of each offence to a fine not exceeding
[five hundred pounds].

(4) If the master of a ship knowingly employs or continues to
employ a pilot not licensed for the district to pilot the ship
within any pilotage district after a pilot licensed for that
district has offered to pilot the ship, or, in the case of an
outward bound ship, without having taken reasonable steps (proof
whereof shall lie on the master) to obtain a licensed pilot, he
shall be liable in respect of each offence to a fine not exceeding
[five hundred pounds].

(5) If any person other than the master or a seaman being bona
fide one of the crew of the ship is on the bridge of a ship, or
in any other position (whether on board the ship or elsewhere) from
which the ship is navigated, that person shall, for the purposes of
this section, shall be deemed to be piloting the ship unless the
contrary is proved.

PILOTAGE ACT 1913 - SECT 31
Declaration as to draught of ship.

31.(1) A licensed pilot may require the master of any ship which
he is piloting to declare her draught of water, length and beam
[and to provide him with such other information relating to the
ship or its cargo as the pilot specifies and is necessary to
enable him to carry out his duties as the pilot of the ship] and
the master shall comply with any such request.

[(2) It shall be the duty of the master of a ship to bring to
the notice of each licensed pilot who pilots the ship any defects
in, and any matter peculiar to, the ship and its machinery and
equipment of which the master knows and which might affect
materially the navigation of the ship.

(3) The master of a ship who

(a)refuses to comply with a request made to him in pursuance of
subsection (1) of this section; or

(b)makes a statement which he knows is false, or recklessly makes a
statement which is false, in answer to such a request or is privy
to the making by another person in answer to such a request of a
statement which the master knows is false; or

(c)fails without reasonable excuse to perform the duty imposed on
him by the preceding subsection;

Provision as to ships within a harbour, dock, &c.

PILOTAGE ACT 1913 - SECT 32

32.(1) A ship while being moved within a harbour which forms part
of a pilotage district shall be deemed to be [a ship nagivating]
in a pilotage district, except so far as may be provided by byelaw
in the case of ships being so moved for the purpose of changing
from one mooring to another mooring or of being taken into or out
of any dock:

Provided that a byelaw shall in every case be made for the purpose
aforesaid in any pilotage district where any class of persons other
than licensed pilots were in practice employed at the date of the
passing of this Act for the purpose of changing the moorings of
ships or of taking ships into or out of dock.

[(2) A ship whilst being navigated within any closed dock, lock, or
other closed work in a pilotage district shall notwithstanding
anything in this Act be deemed to be navigating in a district in
which pilotage is not compulsory.]

PILOTAGE ACT 1913 - SECT 33
Copies of pilotage provisions to be furnished to pilots.

33.(1) The pilotage authority shall cause every pilot licensed by
them to be furnished with a copy of this Act as amended for the
time being, and with a copy of any Pilotage Order for the time
being in force in the district, and of any byelaws so in force.

Subs.(2) rep. by 1979 c.39 s.50(4) sch.7 Pt.II

PILOTAGE ACT 1913 - SECT 34
Allowance to licensed pilot taken out of his district.

34.(1) A master of a ship shall not, except under circumstances of
unavoidable necessity, take a licensed pilot without his consent
beyond the district for which he is licensed, or beyond the point
up to which he has been engaged to pilot the ship, and if a
master of a ship acts in contravention of this section, he shall
be liable in respect of each offence to a fine not exceeding [one
thousand pounds].

Subs.(2)(3) rep. by 1979 c.39 s.50(4) sch.7 Pt.II

PILOTAGE ACT 1913 - SECT 35
Limitation of pilots' liability where bond is given.

35.[(1) A licensed pilot, a person authorised to act as the
assistant of a licensed pilot by the authority who licensed the
pilot and the pilotage authority who employ a licensed pilot or
such an assistant shall not be liable

(a)in the case of a pilot or assistant, for neglect or want of
skill; and

(b)in the case of a pilotage authority, for neglect or want of
skill by the pilot or assistant or by the authority in employing
the pilot or assistant,

Subs.(2) rep. by 1971 c.27 (NI) s.9 sch.3 Pt.I; 1979 c.39 s.50(4)
sch.7 Pt.II

(3) Where any proceedings are taken against a pilot [, assistant or
pilotage authority] for any neglect or want of skill in respect of
which ... liability is limited as provided by this section, and
other claims are made or apprehended in respect of the same neglect
or want of skill, the court in which the proceedings are taken may
determine the amount of the ... liability, and, upon payment by the
pilot [, assistant or pilotage authority] of that amount into court,
may distribute that amount rateably among the several claimants, and
may stay any proceedings pending in any other court in relation to
the same matter, and may proceed in such manner and subject to
such regulations as to making persons interested parties to the
proceedings, and as to the exclusion of any claimants who do not
come in within a certain time, and as to requiring security from
the pilot [, assistant or pilotage authority], and as to payment of
any costs as the court thinks just.

PILOTAGE ACT 1913 - SECT 36
Obligation on licensed pilot to produce his licence to employer.

36.(1) Every licensed pilot when acting as such shall be provided
with his licence, and shall, if requested, produce it to any person
by whom he is employed, or to whom he offers his services as
pilot.

(2) If a licensed pilot refuses [without reasonable excuse] to
produce his licence in accordance with this section, he shall be
liable, in respect of each offence, to a fine not exceeding [two
hundred pounds].

PILOTAGE ACT 1913 - SECT 37
Penalty on fraudulent use of licence.

37. If any person not being a licensed pilot for a district
falsely represents himself to be a licensed pilot for that district,
either by means of using a licence which he is not entitled to
use or by any other means, he shall be liable in respect of each
offence to a fine not exceeding [one thousand pounds].

Approval of pilot boats.

PILOTAGE ACT 1913 - SECT 38

38. All vessels regularly employed in the pilotage service of any
pilotage district (in this Act referred to as "pilot boats") shall
be approved and licensed by the pilotage authority of the district,
and that authority may, at their discretion, appoint and remove the
masters of those pilot boats.

PILOTAGE ACT 1913 - SECT 39
Characteristics of pilot boats.

39.(1) Every pilot boat shall be distinguished by the following
characteristics, namely:

Paras.(a)(b) rep. by 1979 c.39 s.50(4) sch.7 Pt.II

(c)When afloat a flag (in this Act called a pilot flag) of large
dimensions compared with the size of the pilot boat, and of two
colours, the upper horizontal half white, and the lower horizontal
half red, to be placed at the mast head, or on a sprit or staff
or in some equally conspicuous situation.

(2) It shall be the duty of the master of the pilot boat to see
... that the pilot flag is kept clean and distinct, so as to be
easily discerned at a reasonable distance; ... and if a master
fails, without reasonable cause, to comply with the requirements of
this section, he shall be liable in respect of each offence to a
fine not exceeding [fifty pounds].

PILOTAGE ACT 1913 - SECT 40
Pilotage order not to diminish powers of pilotage authorities as to
pilot boats.

40. A Pilotage Order in dealing with any Act, order, charter,
custom, byelaw, regulation, or provision shall not provide for
abolishing or diminishing any power of a pilotage authority to
acquire, own, hire, build, renew, maintain, or work pilot boats.

PILOTAGE ACT 1913 - SECT 41
Display of pilot flag when pilot is on board ship.

41. When a ship is navigating in a pilotage district, and has on
board a pilot licensed for that district, or a master or mate
holding a pilotage certificate for that district, the master of the
ship shall cause a pilot flag to be exhibited; and if he fails,
without reasonable cause, to do so, he shall be liable in respect
of each offence to a fine not exceeding [five hundred pounds].

PILOTAGE ACT 1913 - SECT 42
Penalty on ordinary boat displaying pilot flag.

42. A pilot flag, or a flag so nearly resembling a pilot flag as
to be likely to deceive, shall not be displayed on any ship or
boat not having a licensed pilot or a master or mate holding a
pilotage certificate on board, and, if any such flag is displayed
on any such ship or boat, the master of that vessel shall, unless
[in the case of a pilot flag he proves that he took all
reasonable precautions and exercised all due diligence to avoid
displaying the flag and] in the case of the display of a flag
likely to deceive he proves that he had no intention to deceive,
be liable for each offence to a fine not exceeding [five hundred
pounds].

PILOTAGE ACT 1913 - SECT 43
Obligation to display signal for pilot in certain circumstances.

43.(1) The master of a ship (other than an excepted ship) shall
when navigating in circumstances in which pilotage is compulsory
under this Act, display a pilot signal, and keep the signal
displayed until a licensed pilot comes on board.

(2) The master of a ship, whether navigating in circumstances in
which pilotage is compulsory or not, which is being piloted in a
pilotage district by a pilot not licensed for the district, shall
display a pilot signal and keep the signal displayed until a
licensed pilot comes on board.

(3) If the master of any ship fails [without reasonable excuse] to
comply with this section, he shall be liable in respect of each
offence to a fine not exceeding [fifty pounds].

PILOTAGE ACT 1913 - SECT 44
Facilities to be given for pilot getting on board ship.

44.(1) The master of a ship (other than an excepted ship) which,
in circumstances in which pilotage is compulsory under this Act, is
not under pilotage as required in these circumstances, shall, if a
licensed pilot of the district makes a signal for the purpose of
offering his services as pilot, by any practical means consistent
with the safety of his ship, facilitate the pilot getting on board
the ship, and shall give the charge of piloting the ship to that
pilot, or, if there are two or more licensed pilots offering at
the same time, to such one of them as may, according to any
byelaws for the time being in force in the district, be entitled
or required to take charge of the ship.

(2) Where the master of a ship, whether in circumstances in which
pilotage is compulsory or not, accepts the services of a licensed
pilot, he shall, by any practical means consistent with the safety
of his ship, facilitate the pilot [and any assistant of his getting
on board and subsequently leaving] the ship.

(3) If the master of any ship fails [without reasonable excuse] to
comply with the provisions of this section, he shall be liable [on
summary conviction] in respect of each offence to a fine not
exceeding double the amount of pilotage dues that [(disregarding any
increase in the dues attributable to failure to comply with the
requirements of byelaws in force in the district about requests for
pilots) are payable in respect of the ship or would have been so
payable if he had complied with those provisions or five hundred
pounds, whichever is the greater].

PILOTAGE ACT 1913 - SECT 45
Signals to be displayed by ships requiring a pilot.

45.(1) His Majesty may by Order in Council make rules as to the
signals to be used or displayed where the services of a pilot are
required on any vessel, and those signals are in this Act referred
to as pilot signals.

(2) If a vessel requires the services of a pilot, the master of
that vessel shall use or display the pilot signals.

(3) If [without reasonable excuse] a master of a vessel uses or
displays, or causes or permits any person under his authority to
use or display, any of the pilot signals for any other purpose
than that of summoning a pilot, or uses or causes or permits any
person under his authority to use any other signal for a pilot, he
shall be liable in respect of each offence to a fine not exceeding
[fifty pounds].

PILOTAGE ACT 1913 - SECT 46
Penalty on pilot endangering ship, life, or limb.

46. If any pilot, when piloting a ship, by wilful breach of duty
or by neglect of duty, or by reason of drunkenness

(a)does any act tending to the immediate loss, destruction, or
serious damage of the ship, or tending immediately to endanger the
life or limb of any person on board the ship; or

(b)refuses or omits to do any lawful act proper and requisite to
be done by him for preserving the ship from loss, destruction, or
serious damage, or for preserving any person belonging to or on
board the ship from danger to life or limb;

(i)on summary conviction, to imprisonment for a term not exceeding
three months or a fine of an amount not exceeding one thousand
pounds or both;

(ii)on conviction on indictment, to imprisonment for a term not
exceeding two years or a fine or both.]

PILOTAGE ACT 1913 - SECT 47
Penalty on person obtaining charge of a ship by misrepresentation.

47. If any person, by wilful misrepresentation of circumstances upon
which the safety of a ship may depend, obtains, or endeavours to
obtain, the charge of that ship, that person and every person
procuring, abetting, or conniving at the commission of the offence
shall, in addition to any liability for damages, be liable in
respect of each offence to a fine not exceeding [one thousand
pounds].

PILOTAGE ACT 1913 - SECT 48
Offences by pilots.

48.(1) If a licensed pilot, either within or without the district
for which he is licensed,

Para.(a) rep. by 1979 c.39 s.50(4) sch.7 Pt.II

(b)is in any way directly or indirectly concerned in any corrupt
practices relating to ships, their tackle, furniture, cargoes, crews,
or passengers, or to persons in distress at sea or by shipwreck,
or to their moneys, goods, or chattels;

(c)lends his licence;

(d)acts as pilot [when he knows he is] suspended;

(e)acts as pilot when in a state of intoxication;

(f)employs, or causes to be employed, on board any ship which he
is piloting any boat, anchor, cable, or other store, matter, or
thing beyond what is necessary for the service of that ship, with
intent to enhance the expenses of pilotage for his own gain or for
the gain of any other person;

(g)refuses or wilfully delays, [without] reasonable cause, to pilot
any ship within the district for which he is licensed, upon the
signal for a pilot being made by that ship, or upon being required
to do so by the master, owner, agent, or consignee thereof, or by
any officer of the pilotage authority by whom the pilot is
licensed, or by any chief officer of Customs and Excise;

(h)unnecessarily cuts or slips, or causes to be cut or slipped, any
cable belonging to any ship;

(i)refuses, otherwise than on reasonable ground of danger to the
ship, when requested by the master, to conduct the ship which he
is piloting into any port or place within the district for which
he is licensed; or

(k)quits the ship, which he is piloting, before the service for
which he was engaged has been performed and without the consent of
the master of the ship;

(2) If any person procures, aids, abets, or connives at the
commission of any offence under this section, he shall, in addition
to any liability for damages, be liable to a fine not exceeding
[five hundred pounds].

(3) The provisions of the law [relating to customs or excise] with
respect to the recovery of penalties under that law, and the
application of such penalties, shall apply in the case of any
prosecution by any officer of Customs and Excise for the recovery
of a fine in respect of any offence against this section.

Recovery of pilotage dues.

PILOTAGE ACT 1913 - SECT 49

49.(1) The following persons shall be liable to pay pilotage dues
for any ship for which the services of a licensed pilot are
obtained, namely:

(a)the owner or master;

(b)as to pilotage inwards, such consignees or agents as have paid
or made themselves liable to pay any other charge on account of
the ship in the port of her arrival or discharge;

(c)as to pilotage outwards, such consignees or agents as have paid
or made themselves liable to pay any other charge on account of
the ship in the port of her departure;

(2) Any consignee or agent (not being the owner or master of the
ship) who is hereby made liable for the payment of pilotage dues
in respect of any ship may, out of any moneys received by him on
account of that ship or belonging to the owner thereof, retain the
amount of all dues paid by him, together with any reasonable
expenses he may have incurred by reason of the payment of the dues
or his liability to pay the dues.

PILOTAGE ACT 1913 - SECT 50
Receiving or offering improper rates of pilotage.

50. A licensed pilot shall not demand or receive, and a master
shall not offer or pay to any licensed pilot, [pilotage dues of
amounts which he knows are greater or less than the amounts
authorised] by law, and, if a pilot or master acts in contravention
of this enactment, he shall be liable in respect of each offence
to a fine not exceeding [two hundred pounds].

PILOTAGE ACT 1913 - SECT 51
Pilotage rate for leading ships.

51. If any boat or ship, having on board a licensed pilot, leads
any ship which has not a licensed pilot on board when the
last-mentioned ship cannot, from particular circumstances, be boarded,
the [same pilotage dues shall be payable in respect of the
last-mentioned ship as if the pilot] had actually been on board and
had charge of that ship.

Trinity House outport districts.

PILOTAGE ACT 1913 - SECT 52

52.(1) For the purposes of this Act, any district which at the
time of the passing of this Act is under the authority of
sub-commissioners appointed by the Trinity House and any pilotage
district which may be declared after the passing of this Act to be
a Trinity House outport district, shall be deemed to be a Trinity
House outport district.

(2) The powers and duties of the Trinity House under this Act as
the pilotage authority of an outport district shall be exercised and
performed through a committee appointed for the district in such
manner and subject to such conditions as may be determined by a
Pilotage Order, under the name of Sub-Commissioners or such other
name as may be fixed by the Order, and any such Order may be
made so as to apply to all or any one or more of the outport
districts.

PILOTAGE ACT 1913 - SECT 53
Trinity House Pilot Fund.

53. Nothing in this Act shall oblige the Trinity House to maintain
separate pilot funds for each of the pilotage districts of which
they are the authority, and, if they maintain a single pilot fund
for all those districts, the provisions of this Act as to pilot
funds shall apply as if all the districts of which they are the
pilotage authority were a single pilotage district.

S.56 rep. by 1979 c.39 s.50(4) sch.7 Pt.II

PILOTAGE ACT 1913 - SECT 57
Application of 1874 c.40.

57. The Board of Trade Arbitrations, &c. Act, 1874, shall apply as
if this Act were a special Act within the meaning of the
first-mentioned Act.

S.58 rep. by 1979 c.39 s.50(4) sch.7 Pt.II. S.59 rep. by SLR 1927;
1979 c.39 s.50(4) sch.7 Pt.II

PILOTAGE ACT 1913 - SECT 60
Repeal.

60.(1) ...

(a)Any order in council, licence, certificate, byelaw, rule, or
regulation made or granted under any enactment hereby repealed or in
pursuance of any power which ceases in consequence of this Act,
shall, subject to the provisions of this Act, continue in force as
if it had been made or granted under this Act; and

(b)Any officer appointed, any body elected or constituted, and any
office established under any enactment hereby repealed shall continue
and be deemed to have been appointed, elected, constituted, or
established, as the case may be, under this Act;

(c)Any document referring to any Act or enactment hereby repealed
shall be construed to refer to this Act or to the corresponding
enactment of this Act.

(2) The mention of particular matters in this section shall not be
held to prejudice or affect the general application of section
thirty-eight of the Interpretation Act, 1889, as regards the effect
of repeals.

PILOTAGE ACT 1913 - SECT 61
Extent of Act.

61. This Act extends to the United Kingdom and the Isle of Man,
and applies to all ships, British and foreign.

PILOTAGE ACT 1913 - SECT 62
Short title.

62. This Act may be cited as the Pilotage Act, 1913, and shall be
construed as one with the Merchant Shipping Act, 1894, and the Acts
amending the same; and the Merchant Shipping Acts, 1894 to 1907,
and this Act may be cited together as the Merchant Shipping Acts,
1894 to 1913.

Paras.16 rep. by 1979 c.39 s.50(4) sch.7 Pt.II

7. Any Act confirming an Order under this Act may be repealed,
altered, or amended by any subsequent Order made under this Act.

Paras.8, 9 rep. by 1979 c.39 s.50(4) sch.7 Pt.II

Second Schedule rep. by SLR 1927