995 CMR 2.21 - Reports to Commissioners

Current through Register 1466, April 1, 2022

(1) Merchant Mariner Credential Validity. In the event any such Merchant Mariner Credential as required 995 CMR 2.12 becomes invalid or the holder loses the right to hold said Merchant Mariner Credential, the holder shall forthwith inform the Commissioners in writing of such occurrence and shall tender to the Commissioners the holder's Commission, which the Commissioners shall retain until the holder obtains all required valid licenses.

(2) Driver's License Validity. In the event the holder loses the right to hold a Driver's License issued by any state or territory, the holder shall forthwith inform the Commissioners in writing of such event.

(3) Medical Examination Reports. Each individual holding a Commission shall cause a copy of the written report of each such physical examination as required by 995 CMR 2.13(2) to be furnished by the relevant doctor direct to the Commissioners forthwith upon conclusion of said examination.

(4) Transportation Worker's Identification Credential (TWIQ. In the event the holder TWIC becomes invalid the holder shall forthwith inform the Commissioners in writing of such event.

(5) Unusual Incident Reports.

(a) If any unusual incident occurs on a vessel while a Pilot is engaged in the provision of Pilotage services on said vessel, the Pilot shall immediately file a written report with the Commissioners and shall furnish the Commissioners with copies of any other reports required by any government agency to be completed and filed by the Pilot.

(b) The report must include, but shall not be limited to:

1.date and time of incident;

2.geographic location, including bearing and distances from known objects;

3.detailed narrative description of incident;

4.cause of incident if determined at time of the report;

5.names and addresses of all persons known to have witnessed incident;

6.description of injuries suffered or damages resulting from incident; if known

7.weather prevailing at time and place of incident; and

8.identification and description of any aids to navigation relevant to such incident.

(c) An "unusual incident" is defined as:

1.accidental or intentional grounding;

2.collision or allision with any vessel or object;

3.incident resulting in loss of life or serious personal injury and relating to operation of a vessel;

4.incident resulting in serious damage to property and relating to operation of a vessel;

5.incident resulting in serious damages to a vessel, or damage caused by a vessel or crew, which may reasonably be expected to be in excess of $75,000 in monetary value;

6.any incident which places a Pilot in danger; or

7.any incident which causes environmental damage or may reasonably be thought to pose an environmental hazard or any threat of pollution or any actual pollution.

(d) Any Pilot who has a reasonable belief that an unusual incident has occurred and that such unusual incident has not been reported to the Commissioners shall determine from the Commissioners if a report has been made. If a report has not been made, the Pilot shall make a written report of the Pilots knowledge of the unusual incident.

(6) Reports of Complaints.

(a) Any person may file a report or complaint with the Commissioners regarding any suspected violation by Pilots or others of the statutes or rules or regulations governing Pilots and pilotage in District One. All such reports and complaints shall be in writing or, if oral, confirmed in writing.

(b) Upon receipt of each report or complaint filed pursuant to 995 CMR 2.00, the Commissioners shall review the report or complaint and determine if further investigation or proceedings are appropriate or required.

(c) The Commissioners may conduct any investigation they deem reasonable and relevant to any matter within their jurisdiction and may retain such assistance and expend such funds as they believe appropriate for such investigation.

(7) Reports and Notifications from "Boston Pilots". The "Boston Pilots" shall furnish to the Commissioners, and shall keep current with the Commissioners, the following documents:

(a) A list of the full names, residence addressees, business addresses, and personal and business telephone numbers for all Pilots;

(b) Copies of any Articles of Organization, Trustee documents, By-laws and similar documents recording the purposes, organization and operation of any trust, corporation, partnership or other form of organization formed for the purpose of performing or assisting in performing pilotage services; and

(c) On an as-required basis, copies of any duty rosters and vacation schedules and medical leave rosters.

(8) Reporting Standards.

(a) Any report required by 995 CMR 2.00, except a Report required by 995 CMR 2.22(1), to be filed with the Commissioners shall be completed and filed within five business days of the occurrence of the relevant extent or the discovery of the relevant information. However, the Commissioners may require that any such report be filed within 24 hours, or that a prompt oral report be made to them, in respect to any unusual occurrence.

(b) Any Pilot who fails, neglects or refuses to make such reports to the Commissioners as required by 995 CMR 2.00 may be suspended from duty by the Commissioners until said Pilot makes such report or satisfactorily furnishes to the Commissioners valid and persuasive reasons why such report should not be required.

Notes

995 CMR 2.21

Amended by Mass Register Issue 1378, eff. 11/16/2018.