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Chapter Law Content

Title: Pilotage Law CH
Category: Ministry of Transportation and Communications(交通部)
Chapter 5 Penalties
Article 34
Any pilot who causes loss of life to any other person due to his negligence in performing his duties shall be liable to an imprisonment not exceeding five (5) years.
Article 35
Any pilot who causes injury to any other person due to his negligence in performing duties shall be sentenced待查 to an imprisonment not exceeding one (1) year, detention, or a fine not exceeding thirty thousand (30,000) N.T.dollars; or in the case of a severe injury so caused, such pilot shall be penalized by an imprisonment not exceeding three (3) years.
The prosecution for the guilt prescribed in the previous paragraph is instituted only upon complaint.
Article 36
Any pilot who causes a vessel sunken when piloting such vessel due to his negligence in performing duties shall be liable to an imprisonment not exceeding three (3) years, detention or a fine not exceeding thirty thousand (30,000) N.T. dollars; or in the case of destroying the vessel, he shall be penalized by an imprisonment not exceeding one (1) year, detention or a fine not exceeding thirty thousand (30,000) N.T. dollars.
The prosecution for the guilt prescribed in the previous paragraph is instituted only upon complaint.
Article 37
Provisions prescribed in the above three articles shall also be applicable to the person who does not hold a valid pilot license or is unofficially hired for performing temporary or emergent pilotage service.
Article 38
The shipping administration authority may give a warning to a pilot who violates any of the following requirements, or may report to the MOTC to withdraw his/her pilot license if such a violation leads to a serious result:
1. Negligence in performing duties or violation of the obligations of duties. 2. Violation of regulations for navigation safety resulting in disasters, losses or damages. 3. Causing disasters at sea due to negligence in performing duties. 4. Causing damages to vessels cargoes, delay of ship schedules or casualties of persons due to the reasons attributable to the pilot. 5. Other violations of the provisions of this Law or the instructive orders issued pursuant to this Law.
The duration of withdrawing the pilot license mentioned in the previous paragraph will be three (3) months upward to two (2) years.
Any pilot who has received three warnings within two (2) years shall be subject to the withdrawal of the pilot license for three (3) months.
Article 39
Any pilot or the owner or master of a vessel who violates any one of the following requirements shall be fined six thousand (6,000) N.T. dollars and more but less than sixty thousand (60,000) N.T. dollars:
1. Violation of Article 16. 2. Violation of Article 18 or Article 26. 3. Violation of Article 17, Article 20 or Article 25. 4. The pilot rejects the requirement for piloting service without due reasons, or does not render the service after receiving the requirement, or misapplies rates and charges for pilotage. 5. The master rejects to hire a pilot or to allow apprentice pilots to board the vessel, or forces a pilot to perform service beyond the pilotage district without due reasons.
6. The owner or master of the vessel presents incorrect information of the draft or deadweight of the ship to a pilot on board . 7. The owner or master of the vessel employs a pilot whose license has been withdrawn or who has been suspended services or who is not qualified for piloting a vessel. 8. The master of the vessel who has no intention to require a pilot but exhibit the required pilot signal, or show such signal that is easily to be misunderstood as requiring a pilot.
Article 40
The penalties applicable to pilots set forth in the present Law shall also apply to those who pilot vessels in the special pilotage districts.