HB 489 - Pilots and pilotage; amend provisions
Georgia House of Representatives - 1995/1996 Sessions
HB 489 - Pilots and pilotage; amend provisions
Page Numbers - 1/ 2/ 3/ 4/ 5/ 6/ 7/ 8/ 9/ 10
1. Dixon 150th 2. Smith 174th
House Comm: Ind / Senate Comm: EDTCA /
House Vote: Yeas 163 Nays 1 Senate Vote: Yeas 50 Nays 0
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House Action Senate
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1/30/95 Read 1st Time 2/14/95
1/31/95 Read 2nd Time 2/20/95
2/9/95 Favorably Reported 2/17/95
Sub Committee Amend/Sub
2/13/95 Read 3rd Time 3/6/95
2/13/95 Passed/Adopted 3/6/95
CS Comm/Floor Amend/Sub
3/23/95 Sent to Governor
4/19/95 Signed by Governor
392 Act/Veto Number
4/19/95 Effective Date
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Code Sections amended: 52-6-11, 52-6-30,52-6-31, 52-6-32, 52-6-33, 52-6-38,
52-6-42, 52-6-45, 52-6-46, 52-6-47 ,52-6-49, 52-6-54
HB 489 LC 10 1195S
The House Committee on Industry offers the
following substitute to HB 489:
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Chapter 6 of Title 52 of the Official Code of
1- 2 Georgia Annotated, relating to pilots and pilotage, so as to
1- 3 change the provisions relating to prescribing rules and
1- 4 regulations relating to pilotage fees; to change the
1- 5 provisions relating to qualifications for a pilot's license;
1- 6 to change the maximum number of pilots for certain ports;
1- 7 to change provisions relating to restrictions as to persons
1- 8 who may receive fees, gratuities, or rewards for conducting
1- 9 or piloting vessels; to change the provisions relating to
1-10 the form of the license and the oath of a pilot; to change
1-11 provisions relating to hearings before commissioners and
1-12 enforcement of decrees and orders by execution of warrants
1-13 of distress; to change provisions relating to appeals to the
1-14 superior court, generally; to require vessels to be under
1-15 the direction and control of pilots licensed by this state
1-16 when moving in the bays, rivers, harbors, and ports of this
1-17 state and the approaches thereto; to repeal provisions
1-18 relating to fees for coastwise vessels; to change provisions
1-19 relating to time of payment and security for payment; to
1-20 change the liability and penalties for failure to take a
1-21 pilot or failure to pay pilotage fees; to provide for
1-22 related matters; to provide an effective date; to provide
1-23 for contingent repeal of certain provisions; to repeal
1-24 conflicting laws; and for other purposes.
1-25 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
1-26 Chapter 6 of Title 52 of the Official Code of Georgia
1-27 Annotated, relating to pilots and pilotage, is amended by
52-6-33 52-6-38 ubsection (a) of Code Section 52-6-11, relating to
1-29 authority of commissioners to prescribe rules and
1-30 regulations and to prescribe and revise pilotage fees, in
1-31 its entirety and inserting in its place a new subsection (a)
1-32 to read as follows:
1-33 "(a) The commissioners shall prescribe rules and
1-34 regulations for the government of pilots and the fees
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LC 10 1195S
2- 1 which may be charged for their services and shall, from
2- 2 time to time, revise and grade pilotage fees, both inward
2- 3 and outward, when, in their judgment, it is necessary to
2- 4 do so. All rules and regulations consistent with this
2- 5 chapter existing as of November 1, 1982 January 1, 1995,
2- 6 and all fees prescribed by the commissioners as of
2- 7 November 1, 1982 January 1, 1995, shall remain in effect
2- 8 until changed as provided in this chapter."
SECTION 2.
2- 9 Said chapter is further amended by striking Code Section
2-10 52-6-30, relating to qualifications for a pilot's license,
2-11 in its entirety and inserting in its place a new Code
2-12 Section 52-6-30 to read as follows:
2-13 "52-6-30. (Index)
2-14 The commissioners at each of the ports of this state are
2-15 entitled to license during good behavior such citizens of
2-16 the United States who are of good character as they shall
2-17 think fit to act as pilots in conducting piloting vessels
2-18 inward to and outward from underway in the waters of the
2-19 several ports and rivers for which they shall be licensed.
2-20 Any pilot who is licensed as of November 1, 1982 January
2-21 1, 1995, shall continue to act under his such license
2-22 until said license is revoked or he the pilot is suspended
2-23 or he is retired as provided in this chapter."
SECTION 3.
2-24 Said chapter is further amended by striking Code Section
2-25 52-6-31, relating to the number of pilots, in its entirety
2-26 and inserting in lieu thereof a new Code Section 52-6-31 to
2-27 read as follows:
2-28 "52-6-31. (Index)
2-29 The number of licensed pilots shall not exceed 15 17 for
2-30 the port of Savannah, three for the port of Doboy and
2-31 Darien, five six for the port of Brunswick, two for the
2-32 Great Satilla River, and two for the port of St. Mary's."
SECTION 4.
2-33 Said chapter is further amended by striking Code Section
2-34 52-6-32, relating to restrictions as to persons who may
2-35 receive fees, gratuities, or rewards for conducting or
2-36 piloting vessels, in its entirety and inserting in its place
2-37 a new Code Section 52-6-32 to read as follows:
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3- 1 "52-6-32. (Index)
3- 2 No person other than a duly licensed pilot shall be
3- 3 entitled to receive any fee, gratuity, or reward for
3- 4 conducting or piloting any vessels inward or outward from
3- 5 underway in the waters of any of the ports, rivers, or
3- 6 harbors for which pilots may be licensed under the terms
3- 7 of this chapter. Nothing in this Code section shall be
3- 8 construed as prohibiting payments being made to docking
3- 9 pilots for services rendered in accordance with subsection
3-10 (c) of Code Section 52-6-45."
SECTION 5.
3-11 Said chapter is further amended by striking Code Section
3-12 52-6-33, relating to the form of the license and the oath of
3-13 the pilot, in its entirety and inserting in its place a new
3-14 Code Section 52-6-33 to read as follows:
3-15 "52-6-33. (Index)
3-16 The license to a pilot must be in the form of a
3-17 certificate of his appointment, which must be signed by a
3-18 majority of the commissioners or by their chairman
3-19 chairperson by their direction; and each pilot, on
3-20 receiving his a license, shall take and subscribe an oath
3-21 in the following form:
3-22 'I, A.B., appointed pilot for the port and harbor of
3-23 ____________, do swear that I will faithfully, according
3-24 to the best of my ability, perform the duties of a pilot
3-25 in and for the port and harbor of _____________, and
3-26 will at all times -- wind, weather, and health
3-27 permitting -- use my best efforts to go on board every
3-28 vessel I shall see and conceive to be bound for, coming
3-29 into, or going out of, or underway within said port or
3-30 harbor, unless I am well assured there is some other
3-31 licensed pilot on board the same; that I will, at all
3-32 times, make the best dispatch in my power to convey any
3-33 vessel committed to my charge coming into, or going out
3-34 of, or underway within said port or harbor; and will at
3-35 all times well and truly observe, fulfill, and follow,
3-36 to the best of my skill and judgment, all such orders
3-37 and directions as I may receive from the commissioners
3-38 in all matters and things relating to the duty of a
3-39 pilot.'"
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SECTION 6.
4- 1 Said chapter is further amended by striking Code Section
4- 2 52-6-38, relating to hearings before commissioners and
4- 3 enforcement of decrees and orders by execution or warrants
4- 4 of distress, in its entirety and inserting in its place a
4- 5 new Code Section 52-6-38 to read as follows:
4- 6 "52-6-38. (Index)
4- 7 All matters concerning the assessment of fines or
4- 8 penalties against pilots or other persons, the suspension
4- 9 or revocation of their pilot licenses, and any other
4-10 matter relating to the use, business, or care of a pilot
4-11 in any of the harbors shall be heard and determined by the
4-12 commissioners, or a majority of them, appointed for the
4-13 care of the pilotage where the violation, damage, or
4-14 dispute may arise, upon reasonable notice to the pilot, or
4-15 pilots, or other persons concerned and an opportunity for
4-16 the pilot, or pilots, or other persons to be heard. The
4-17 commissioners are authorized by their decree or order to
4-18 decide and regulate every such matter, to assess fines and
4-19 penalties, and to suspend or revoke licenses. They shall
4-20 have the power to enforce the decree or order by execution
4-21 or warrant of distress, under their hands and seals or
4-22 under the hands and seals of any three of them, directed
4-23 to any sheriff or constable of the county where the
4-24 execution issues and commanding the sale of the offender's
4-25 goods, or so much of them as may be necessary to satisfy
4-26 the execution or warrant. All sales thereunder shall be
4-27 made in conformity with the laws of the state in relating
4-28 to sheriffs' sales. The sheriff and constable shall be
4-29 liable to be ruled before the judge of the superior court
4-30 as in other cases for default in duly executing such
4-31 process."
SECTION 7.
4-32 Said chapter is further amended by striking Code Section
4-33 52-6-42, relating to appeal to superior court, generally, in
4-34 its entirety and inserting in its place a new Code Section
4-35 52-6-42 to read as follows:
4-36 "52-6-42. (Index)
4-37 In any case where a pilot is suspended or his the pilot's
4-38 license is revoked or where a fine exceeding $150.00 is
4-39 imposed by the commissioners on a pilot or any other
4-40 person, the pilot or other person concerned may petition
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5- 1 the judge of the superior court of the county where the
5- 2 judgment or sentence of the commissioners was made,
5- 3 setting forth on oath the circumstances of the case. A
5- 4 copy of the petition shall be served upon the chairman
5- 5 chairperson or secretary of the commissioners at least
5- 6 three days before the petition is presented and the
5- 7 commissioners shall be entitled to be heard as to whether
5- 8 there is sufficient ground for the allowance of an appeal.
5- 9 If the judge of the superior court should think there is
5-10 sufficient ground for the allowance of an appeal, he such
5-11 judge shall issue an order directing an issue to be made
5-12 between the appellant and the commissioners, which issue
5-13 shall be tried by a jury at the next term of the superior
5-14 court, unless good cause is shown for a continuance. If,
5-15 at the trial, a verdict should be rendered in favor of the
5-16 appellant, the judge of the superior court shall order
5-17 that the fine be remitted, that the suspension be
5-18 canceled, or that the license be restored. Either the
5-19 appellant or the commissioners may move the court for a
5-20 new trial and may appeal to the Court of Appeals from the
5-21 court's order entered upon the motion, as is provided by
5-22 law in cases of appeal from orders granting or refusing a
5-23 new trial in common-law cases."
SECTION 8.
5-24 Said chapter is further amended by striking Code Section
5-25 52-6-45, relating to pilotage fees and the liability of
5-26 vessels for payment of inward and outward pilotage fees, in
5-27 its entirety and inserting in its place a new Code Section
5-28 52-6-45 to read as follows:
5-29 "52-6-45. (Index) Any vessel which is not exempt under the laws of the
5-31 United States or this chapter from the payment of pilotage
5-32 fees, to which the services of a pilot are tendered, or
5-33 any vessel which accepts the services of a pilot shall be
5-34 liable to the pilot whose services are tendered or
5-35 accepted, as the case may be, for the payment of the full
5-36 inward and outward pilotage fees fixed by the
5-37 commissioners. Any such vessel which calls at the bar of
5-38 any of the ports or rivers named in Code Sections 52-6-4
5-39 and 52-6-31 in ballast seeking for orders and which does
5-40 not load but leaves in ballast or which, having loaded at
5-41 any of such ports or rivers, returns thereto because of
5-42 stress of weather or because it is damaged or disabled,
5-43 without completing the voyage, and any such vessel which
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6- 1 shall touch off the bar of any of such ports or rivers for
6- 2 instructions shall be liable to the pilot who delivers
6- 3 letters, orders, or instructions to her, or to the pilot
6- 4 whose services she accepts, for one-half the inward and
6- 5 outward pilotage fees fixed by the commissioners.
6- 6 (a) Except as otherwise provided in this Code section,
6- 7 every vessel shall be under the direction and control of a
6- 8 pilot licensed by this state when underway in the bays,
6- 9 rivers, harbors, and ports of this state and the
6-10 approaches thereto.
6-11 (b) The requirement of subsection (a) of this Code section
6-12 shall not apply to the following vessels:
6-13 (1) Vessels exempted by the laws of the United States;
6-14 (2) Vessels under 200 gross tons; and
6-15 (3) Vessels in distress or jeopardy, except that any
6-16 such vessel shall take a state licensed pilot as soon as
6-17 one arrives at the vessel.
6-18 (c) Nothing in this Code section shall be construed to
6-19 prohibit a vessel from utilizing the services of a docking
6-20 pilot in addition to the state licensed pilot required
6-21 under this chapter during docking and undocking maneuvers
6-22 with the assistance of one or more tugboats. The
6-23 commissioners are authorized, consistent with all other
6-24 requirements of this chapter, to establish by regulation
6-25 or otherwise the duties, responsibilities, and fees of
6-26 state licensed pilots when operating with a docking pilot
6-27 aboard a vessel.
6-28 (d) When the services of a docking pilot are being
6-29 utilized during docking and undocking maneuvers with the
6-30 assistance of one or more tugboats in accordance with
6-31 subsection (c) of this Code section, the docking pilot
6-32 shall be in control of such vessel."
SECTION 9.
6-33 Said chapter is further amended by striking Code Section
6-34 52-6-46, relating to fees for coastwise vessels, in its
6-35 entirety and inserting in its place a new Code Section
6-36 52-6-46 to read as follows:
6-37 "52-6-46. (Index)
6-38 Coastwise vessels which are not exempt under the laws of
6-39 the United States from the payment of pilotage fees and
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7- 1 which have paid the inward pilotage fee for that trip may
7- 2 pay to the pilot entitled to the inward pilotage fee an
7- 3 annual license fee of 25› per registered ton, which shall
7- 4 exempt the vessel from the compulsory employment of a
7- 5 pilot and the payment of the pilotage fees at the port for
7- 6 a period of 12 months, unless the services of a pilot are
7- 7 accepted. Any vessel which is in the port at which she has
7- 8 paid the license fee, at the expiration of the 12 months
7- 9 for which the same was granted, may apply for a new
7-10 license within 90 days thereafter and, on payment of the
7-11 license fee of 25› per registered ton, shall receive a new
7-12 license to run for 12 months from the date of the
7-13 expiration of the old license. Further, any coastwise
7-14 vessel not exempt under the laws of the United States from
7-15 the payment of pilotage fees which is changing ports of
7-16 this state shall pay the inward pilotage fee at the first
7-17 port of entry and the outward pilotage fee at each port of
7-18 this state at which she may load or discharge cargo, in
7-19 whole or in part.
7-20 Reserved."
SECTION 10.
7-21 Said chapter is further amended by striking Code Section
7-22 52-6-47, relating to time of payment of pilotage fees and
7-23 security for payment, in its entirety and inserting in its
7-24 place a new Code Section 52-6-47 to read as follows:
7-25 "52-6-47. (Index)
7-26 A pilot bringing a vessel into port or a pilot who has
7-27 tendered his or her services outside the bar to a vessel
7-28 which is required under this chapter to accept the
7-29 services of a pilot or to pay pilotage fees, or both,
7-30 shall be entitled to the payment of his fees, both inward
7-31 and outward for inward, outward, and all other movements
7-32 of the vessel within the waters of the port, subject to
7-33 the Commissioners' regulations, before the vessel leaves
7-34 the port and may require the vessel to give adequate
7-35 security therefor, to be approved by the commissioners,
7-36 before the vessel leaves the port. If the payment is not
7-37 made or the security is not given, no pilot shall be
7-38 required to take the vessel out. The master, owner, or
7-39 agent of any vessel which is in readiness to leave must,
7-40 if possible, give notice of that fact to the commissioners
7-41 at the port in question or to its authorized
7-42 representative. The acceptance of security for pilotage
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8- 1 fees shall in no way affect the lien specified in Code
8- 2 Section 52-6-49, given in case the fees are not paid."
SECTION 11.
8- 3 Said chapter is further amended by striking Code Section
8- 4 52-6-49, relating to liability of master, charterer, and
8- 5 cargo for refusal of vessel to take pilot or pay pilot's
8- 6 fees, in its entirety and inserting in its place a new Code
8- 7 Section 52-6-49 to read as follows:
8- 8 "52-6-49. (Index) When any vessel which is not exempt under the laws of the
8-10 United States from the payment of pilotage fees and which
8-11 is required under this chapter to pay any pilotage fee
8-12 refuses to receive a pilot on board when his services are
8-13 tendered as required by this chapter or refuses to pay the
8-14 pilotage fees fixed by the commissioners, her master and
8-15 her owner or owners, her charterer or charterers, and her
8-16 cargo shall become liable to the first pilot who has
8-17 offered his services as provided for in this chapter, to
8-18 the pilot entitled to the inward pilotage fee, or to the
8-19 pilot delivering letters or orders on board, as the case
8-20 may be, for the payment of all the pilotage fees. The
8-21 pilot is given a lien on the vessel and on her tackle,
8-22 apparel, furniture, and cargo for the collection of the
8-23 fees.
8-24 (a) Any vessel that fails to take a pilot required under
8-25 this chapter or that is operated in violation of any other
8-26 requirement of this chapter or the regulations adopted by
8-27 the commissioners under the authority of this chapter may
8-28 be assessed a civil penalty by the commissioners in an
8-29 amount not to exceed $25,000.00 per violation. Any vessel
8-30 assessed such a penalty shall be liable in rem for the
8-31 payment of the penalty amount.
8-32 (b) The owner, charterer, managing operator, master, or
8-33 individual in charge of a vessel that fails to take a
8-34 pilot required under this chapter or who violates any
8-35 other requirement of this chapter or the regulations
8-36 adopted by the commissioners under the authority of this
8-37 chapter may be assessed a civil penalty by the
8-38 commissioners in an amount not to exceed $25,000.00 per
8-39 violation.
8-40 (c) Any owner, charterer, managing operator, master, or
8-41 individual in charge of a vessel who knowingly and
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9- 1 willfully refuses to take a pilot required under this
9- 2 chapter shall be guilty of a misdemeanor.
9- 3 (d) Any vessel and the owner, charterer, managing
9- 4 operator, master, or individual in charge of the vessel
9- 5 that fails to take a pilot required under this chapter or
9- 6 that fails to pay the applicable pilotage fee when a pilot
9- 7 has been taken shall be liable to the first pilot who
9- 8 offered pilotage services, in the case of a vessel failing
9- 9 to take a required pilot, or to the pilot who performed
9-10 the pilotage services, in the case of a vessel taking the
9-11 pilot but failing to pay the pilotage fee, for the full
9-12 amount of the applicable pilotage fee. The pilot is given
9-13 a lien on the vessel and its tackle, apparel, and
9-14 furniture for the collection of the fees.
9-15 (e) The liabilities and penalties provided for in this
9-16 Code section are cumulative and are in addition to any
9-17 rights or remedies available to a pilot or pilots, the
9-18 commissioners, or to the state under any other law."
SECTION 12.
9-19 Said chapter is further amended by striking subsection (a)
9-20 of Code Section 52-6-54, relating to acting as a pilot
9-21 without a license or interfering with or disturbing a
9-22 licensed pilot, in its entirety and inserting in its place a
9-23 new subsection (a) to read as follows:
9-24 "(a) Any person who pilots or conducts any vessel inward
9-25 to or outward from underway in the waters of any of the
9-26 ports bays, rivers, or harbors, or ports of this s
9-27 the approaches thereto and who has no authority or license
9-28 to act as a pilot or has had such authority or license
9-29 suspended or revoked shall be guilty of a misdemeanor."
SECTION 13.
9-30 Subsection (d) of Code Section 52-6-45 provided for in
9-31 Section 8 of this Act shall automatically stand repealed on
9-32 July 1, 1996, unless legislation has been enacted providing
9-33 for the licensing of docking pilots.
SECTION 14.
9-34 This Act shall become effective upon its approval by the
9-35 Governor or upon its becoming law without such approval.
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SECTION 15.
10- 1 All laws and parts of laws in conflict with this Act are
10- 2 repealed.
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Office of the Clerk of the House
Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97