995 CMR 4.22 - Bonds of Pilots

Current through Register 1466, April 1, 2022

(1) No individual may receive a Commission, or act as a pilot, until such individual has furnished to the State Treasurer of the Commonwealth of Massachusetts a bond with two sureties in the penal sum of $1,000.00, conditioned on the faithful performance of the duties of said individual as pilot and the payment of all damages accruing from said pilot's negligence, unskillfullness or unfaithfulness.

(2) Each bond shall provide that any surety desiring to be discharged from liability thereon, and each surety desiring to terminate or cancel said bond;

(a) Shall give 30 days prior notice thereof in writing to the Commissioner and to the relevant pilot;

(b) Shall furnish to the state Treasurer of the Commonwealth of Massachusetts a copy of said written notice together with a return of a constable evidencing service of said notice on the relevant pilot.

(3) Each surety on said bond must be a surety company authorized to transact business in the Commonwealth of Massachusetts.

(4) No individual may continue to hold a Commission, or act a pilot, after termination, cancellation or expiration of said pilot's surety bond and said pilot Commission shall be void and said pilot shall deliver to his or her Commission to the Commissioner. Upon replacement, reinstatement or renewal of said bond, the Commissioner may reissue a Commission to said pilot provided that said pilot is in all other respects in compliance with 995 CMR 4.00.

(5) In case of decease, insolvency or bankruptcy of any surety issuing a pilot's bond, the pilot shall immediately give notice in writing to the Commissioner furnishing details of the event.

(6) Whenever a pilot's bond shall, in the judgment of the Commissioner, be insufficient, the Commissioner shall furnish written notice to the pilot of such determination and the pilot shall immediately remedy the insufficiency and shall post a new bond satisfactory in form and surety to the Commissioner. No pilot shall provide pilotage services after receipt of such notice from the Commissioner until said pilot has posted a new bond.

Notes

995 CMR 4.22