Chapter 1 - RULES AND REGULATIONS

  1. Part A - LICENSING REQUIREMENTS (§ 387-1-A-1 to 387-1-A-5)
  2. Part B - OPERATIONAL AND SAFETY REQUIREMENTS (§ 387-1-B-1 to 387-1-B-9)
  3. Part C - COMPLAINTS, INVESTIGATIONS & DISCIPLINARY ACTION (§ 387-1-C-1 to 387-1-C-8)
  4. Part D - GENERAL PROVISIONS (§ 387-1-D-1 to 387-1-D-2)

Current through 2021-51, December 22, 2021

SUMMARY: These Rules outline requirements for licensing, operations and safety, complaints, investigations, and discipline, and other general provisions.

DEFINITIONS

The following terms when used in these regulations shall be deemed to mean and include:

Administrator. The individual designated by the Commissioner of Transportation to provide coordination of administrative support for the Commission and/or the Complaint Officer.

Chair. The Chair of the Commission who shall be elected by the members of the Commission at their first meeting of each calendar year.

Commission. The Maine Pilotage Commission. In the case of reports or notifications to the Commission, it shall be interpreted as having been delivered to the Commission if provided to the Commission Administrator.

Complaint Officer. A member of the Commission designated by the Commission to assist the Commission in carrying out the investigative and disciplinary functions set forth in these regulations. The Complaint Officer may use the Commission Administrator and other Department personnel to assist in discharging these duties.

Department. The State of Maine Department of Transportation.

Incompetence. Incompetence means the licensee has:

(1) engaged in conduct which evidences a lack of ability or fitness to discharge the duty owed by the licensee to a client or the general public; or
(2) engaged in conduct which evidences a lack of knowledge or inability to apply principles or skills to carry out the practice for which licensed.

Initial License. The license or endorsement considered to be the first for the geographic area under consideration to be distinguished from the renewal of licenses.

Low Volume Area: An area covered under the Maine Pilotage Commission Rules that requires pilotage but receives less compulsory pilotage vessel traffic than the defined minimum number of Training Trips per Maine Pilotage Commission Rule 17-387 Chapter 1 Part A.2 (Training Trips) counted on a rolling average over 5 years.

Misconduct. Misconduct is human behavior which violates some commonly accepted rule. Such rules are found in, among other places, statutes, regulations, the common law, the general maritime law, a ship's regulation or order, or shipping articles and similar sources. It is an act which is forbidden or a failure to do that which is required.

Negligence. Negligence is the commission of an act which a reasonable and prudent person of the same station, under the same circumstances, would not commit, or the failure to perform an act which a reasonable and prudent person of the same station, under the same circumstances,

would not fail to perform.

Pilot Stations. The location(s) where a pilot makes a rendezvous, for the purpose of boarding or

leaving a vessel that requires pilot services.

Pilotage Areas. Specific areas of the Maine coast where the Commission has established licensing requirements.

Reduced Visibility. Conditions that substantially reduce visibility during the majority of a transit including fog or storms.

Training Trips. Those trips made by an applicant acting for the purposes of gaining local knowledge and experience in ship handling within specific waters under the jurisdiction of the Commission.

Recency. Training Trips and/or trips required to be undertaken by a licensed pilot in order to maintain a license.

Tug and Barge. A Tug and Barge is considered to be a single vessel for purposes of determining tonnage and accounting for Recency and Training Trips.

Pilotage Duties.When directing the movement of vessels entering or departing from any port or harbor pursuant to 38 M.R.S. §§85 et seq and these Rules, the responsibilities of a pilot licensed by the Commission include the maneuvering of such vessels during docking, undocking or changing berths, and while anchoring, mooring or unmooring at any offshore platform or buoy.

Notes

EFFECTIVE DATE:
February 11, 1986
MOVED FROM THE DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION (02) TO THE OF THE DEPARTMENT OF TRANSPORTATION (17):
May 28, 1999
NON-SUBSTANTIVE CORRECTIONS:
June 1, 2000 - Web and LAN versions corrected and moved
AMENDED:
December 16, 2000 - filing 2000-521
NON-SUBSTANTIVE CORRECTIONS:
January 1, 2001 - indention in §24
AMENDED:
January 23, 2007 - filing 2007-9
July 27, 2009 - filing 2009-369
January 10, 2015 - filing 2015-001
August 10, 2020 - filing 2020-177

STATUTORY AUTHORITY: 38 MRS §90

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