This rule describes or references the actions and circumstances
that constitute failure to achieve or maintain competency as a pilot or
trainee, or that otherwise constitute a danger to public health and
If, after notice and an
opportunity for hearing, the Board finds any violation of subsections (2)
through (13) of this rule, the Board may impose any of all of the following
disciplinary measures for each violation:
Revocation or suspension of a pilot's or trainee's license;
(b) Refusal to renew a pilot's or trainee's
(c) Pilot or trainee
(d) Refusal to issue a
pilot's license to a trainee; and
(e) Assess civil penalties of not more than
$250 per violation.
A pilot refuses to provide pilotage services required under ORS
for a reason other than the safety of:
(c) The vessel; or
(d) The environment.
A pilot is convicted of a crime:
(a) That occurred while the pilot or trainee
was piloting a vessel; or
facts and circumstances of which demonstrate the pilot's or trainee's lack of
fitness to hold a pilot's license or trainee's license.
A pilot violates a provision of OAR
(1) or 2(a) to (c)(D) (requirements for absence from and return to
(5) A pilot has
failed to timely make any report to the board as required by these
(6) A pilot or trainee fails
to cooperate with the Board in any investigation or request for information.
However, the following do not constitute a failure to cooperate: rejecting
Board or committee offers of settlement; exercising a legal right; or asserting
pilot or trainee engages in conduct:
Involving dishonesty or misrepresentation in relation to the Board;
(b) Under circumstances that
demonstrate the pilot's lack of fitness to hold a pilot's license.
(8) A pilot demonstrates
incompetence in piloting a vessel. Incompetence, for the purpose of this rule,
is demonstrate by a lack of basic knowledge or preparation.
A pilot demonstrates negligence in
piloting a vessel. Negligence, for the purpose of this rule, occurs when a
pilot fails to exercise the standard of care of a maritime pilot:
(a) Who is reasonable, prudent, careful and
(b) In the same community
or similar community; and
the same or similar circumstances.
A pilot or trainee demonstrates gross
negligence in piloting a vessel. Gross negligence, for the purpose of this
rule, occurs when a pilot:
(b) Demonstrates a
willful disregard for the general standards of the profession; or
(c) Demonstrates a willful disregard for the
rights of others.
pilot or trainee violates any provision of ORS
rules adopted thereunder.
pilot or trainee has failed to post or maintain the surety bond or cash
(13) The pilot or trainee
has failed to comply with a final order of the Board.
Or. Admin. R.
1-1988(Temp), f. & cert. ef. 2-5-88; MP 2-1988, f. & cert. ef. 5-4-88;
MP 1-1992, f. & cert. ef. 4-29-92; MP 1-1996, f. & cert. ef. 5-9-96;
BMP 2-2001, f. & cert. ef. 5-21-01; BMP 3-2011, f. 6-28-11, cert. ef.
6-29-11; BMP 3-2014, f. & cert. ef. 8-25-14; BMP 2-2018, amend filed
03/20/2018, effective 03/20/2018; BMP 4-2018, renumbered from 856-010-0045,
filed 04/25/2018, effective 04/25/2018;
16-2018, minor correction filed 05/23/2018, effective
4-2020, amend filed 05/14/2020, effective
Statutory/Other Authority: ORS 776
Statutes/Other Implemented: ORS 776.116 &