995 CMR, § 3.21 - Reports to Commissioner

(1) Merchant Mariner Credential Validity. In the event any such Merchant Mariner Credential as required 995 CMR 3.12 becomes invalid or the holder loses the right to hold said Merchant Mariner Credential, the holder will immediately inform the Commissioner in writing of such occurrence and will tender to the Commissioner the holder's Commission, which the Commissioner will retain until the holder obtains all required valid licenses. If the period of the Pilot's suspended license exceeds one year, recency trips and/or renewal examination may be required by the Commissioner.

(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 will immediately inform the Commissioner in writing of such event.

(3) Medical Examination Reports. Each individual holding a Commission must provide the Medical Practitioner signature page (page 9) of CG-719K to the Commissioner, including each time it is updated and submitted anew to the U.S. Coast Guard, and U.S. Coast Guard issued Medical Certificate (CG-4610A).

(4) Transportation Worker's Identification Credential (TWIC). In the event the holder TWIC becomes invalid the holder will immediately inform the Commissioner 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 must immediately file a written report with the Commissioner and must furnish the Commissioner 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 is 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;

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

9. any non-compliant pilot ladder.

(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 Commissioner shall determine from the Commissioner 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 Commissioner regarding any suspected violation by Pilots or others of the statutes or rules or regulations governing Pilots and pilotage in District Two. 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 3.00, the Commissioner shall review the report or complaint and determine if further investigation or proceedings are appropriate or required.

(c) The Commissioner 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 "Eastern Point Pilots". The "Eastern Point Pilots" shall furnish to the Commissioner, and shall keep current with the Commissioner, 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 3.00, except a Report required by 995 CMR 3.22(1), to be filed with the Commissioner 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 Commissioner 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 Commissioner as required by 995 CMR 3.00 may be suspended from duty by the Commissioner until said Pilot makes such report or satisfactorily furnishes to the Commissioner valid and persuasive reasons why such report should not be required.

Notes

995 CMR, § 3.21

Adopted by Mass Register Issue 1488, eff. 2/3/2023.