995 CMR 4.23 - Reports to the Commissioner

Current through Register 1466, April 1, 2022

(1) If any unusual incident occurs on a vessel while a pilot is engaged in the provisions of pilotage services on said vessel, the pilot shall immediately file a written report to the Commissioner and shall furnish the Commissioner with copies of any other reports required by any government agency to be completed and filed by the pilot.
(2) The report shall include, but shall not be limited to:
(a) Date and time of incident;
(b) Geographic location, including bearings and distances from known objects;
(c) Detailed narrative description of incident
(d) Cause of incident, if known;
(e) Names and addresses of all persons known to have witnessed the incident;
(f) Description of injuries suffered and damages resulting from incident;
(g) Weather conditions at the time and location of the incident; and
(h) Identification and description of any aids to navigation relevant to such incident.
(3) Any pilot who has 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 pilot's knowledge of the unusual incident.
(4) Any person may file a report or complaint with the Commissioner regarding any suspected violation by pilots or others of M.G.L. c. 103, or 33 CFR or 46 CFR governing pilots and pilotage in District Three. All such reports and complaints shall be in writing. If an oral report is made to expedite reporting, such oral reports shall be confirmed in writing.
(5) Upon receipt of each report or complaint filed pursuant to 995 CMR 4.00, the Commissioner shall review the report or complaint and determine if further investigation or proceedings are appropriate or required.
(6) The Commissioner may conduct any investigation he or she deems 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) Any report required by 995 CMR 4.00, except a report required by 995 CMR 4.23, is to be filed with the Commissioner and shall be submitted within five business days of the occurrence of the relevant event 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. Any pilot who fails, neglects or refuses to make such reports to the Commissioner as required by 995 CMR 4.00 may be suspended from duty by the Commissioner until said pilot make such report or satisfactorily furnishes to the Commissioner valid and persuasive reason why such report should not be required.

Notes

995 CMR 4.23

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