Print Time:2020/08/05 10:25
:::

Select Folders:

Article Content

Title: Pilotage Law CH
Amended Date: 2002-01-30
Category: Ministry of Transportation and Communications(交通部)
Chapter 1 General Principles
Article 1
For the purpose of the present Law, the expression of "Pilotage" shall mean to direct vessels to navigate on the water passages in ports, coastal waters, inland rivers or lakes. For the purpose of the present Law, the term “Pilotage”shall mean to pilot vessels to navigate on the channels in ports, coastal waters, inland rivers or lakes.
Article 2
The term “Pilot" used in the present Law means the person who performs the services of piloting vessels in the ports, coastal waters, inland rivers or lakes of the Republic of China (ROC).
The term "Apprentice pilot" mentioned herein means the person who accompanies the pilot on board to learn to pilot vessels.
Article 3
The term "Competent authority of pilotage" shall be the Ministry of Transportation and Communications (MOTC) of ROC in the Central Government, and the local shipping administration authority in localities.
Article 4
The division and alteration of the pilotage districts shall be stipulated by MOTC.
Article 5
For the purpose of the safety of channels and the navigation, the enforcement of pilotage systems is classified into two types: the compulsory pilotage and the non-compulsory pilotage. The enforcement of compulsory pilotage shall be stipulated by MOTC by order.
Article 6
The compulsory pilotage shall not apply to the following ROC flag vessels 1.work ship; 2.ships engaged only on governmental non-commercial service; 3.pilot boats; 4. vessels of under 1,000 gross tonnage; 5.ferries; 6.yachts and pleasure boats; and 7.other vessels navigating domestic shipping routes or engaged in the engineering works of ports as approved by local shipping administration authorities. Rules to approve the provision set forth in item 7 in the previous paragraph shall be drawn by respective local port shipping administration authorities and submitted to MOTC for ratification.
Provisions in the first paragraph shall also be applicable to non-ROC flag vessels under 500 gross tonnage.
Article 7
The minimum number of pilots required for each pilotage district and approved by MOTC shall be stipulated by the local shipping administration authority. The same procedure shall apply to any alteration of such number of pilots.
Article 8
Pilot boats exclusively provided for pilotage services shall be registered in and numbered by the local shipping administration authority for issuance of licenses.
Article 9
The pilot boats referred to in the previous article shall have following marks and signs: 1. The bow of the boat shall be marked with its name and distinctive number by white paint; the stern shall be marked with the name and the port of registry by white paint.
2.During providing service, the boat shall fly the pilot flag on the top of the mainmast as international code or specified by ROC government authority.
Article 10
Tariffs for each pilotage district shall be determined by the local shipping administration authority and submitted to MOTC and be ratified. The same procedure shall apply to any alteration of such tariffs.
Chapter 2 Qualifications of Pilot
Article 11
Any ROC national who passed the pilot examination can be a pilot
Article 12
(Deleted)
Article 13
No person shall be registered as a pilot if he/she: 1. loses ROC nationality; 2. his/her pilot license was suspended, or was revoked; 3. unable to perform pilotage service due to the decay of vision, hearing or physical condition, which has been verified; 4. the age reached 65 of years old; or 5. breached laws and has been sentenced imprisonment three years and above.
Article 14
(Deleted)
Article 15
(Deleted)
Chapter 3 Employment of Pilot
Article 16
Any ROC vessel of 1,000 tons and above and any non-ROC vessel of 500 tons and above navigating on any compulsory pilotage district or enters or leaves any port where compulsory pilotage is required shall hire a pilot. Any vessel not under compulsory pilotage shall also hire a pilot as the local shipping administration authority may deem necessary. Any ROC flag vessel of 1,000 gross tonnage and above and any non-ROC flag vessel of 500 gross tonnage and above navigating in any compulsory pilotage district, entering or leaving any port where compulsory pilotage is required, shall hire a pilot. Any vessel not under compulsory pilotage shall also hire a pilot as the local shipping administration authority may deem necessary.
Vessels navigating in the compulsory pilotage districts may designate or hire pilots on the long-term basis as approved by the local shipping administration authority.
Article 17
Any vessel requires to call a pilot shall fly the call-pilot signal as used universally or specified by ROC government authority. The owner or master of a vessel may communicate with a pilot's local agency about the employment of pilot in advance. Any vessel requires a pilot shall fly the “require pilot signal” as or specified by ROC government authority. The owner or master of vessel may communicate with a pilot's local agency about the employment of pilot in advance.
Article 18
In the case of two or more vessels hanging the call-pilot signals, the pilot shall respond to serve the first-come vessel; however, if one of these vessels is in distress, the pilot shall firstly render his service to such vessel.
Article 19
If the master of vessel finds, after hiring a pilot or during piloting such vessel, that the pilot is incompetent or inappropriate for pilotage service due to poor physical condition, experience or technique, the master may, for the safety of vessel, take necessary actions; reject his service or hire any other pilot. The master shall make a statement of fact to the shipping administration authority concerned.
Article 20
When a pilot is hired on board to pilot a vessel, the master shall flag down the “require pilot signal”, and replace it with a signal signifying “pilot on board”, and advise the pilot of maneuvering characteristics, tonnage, length, draft, speed, etc. of the vessel.
The master shall not reject the request of the pilot for verification of relevant certificates.
Chapter 4 Performing Pilotage Servicev
Article 21
No pilot shall perform the pilotage service unless he/she holds a pilot licence issued by the MOTC and a certificate of registration issued by the local shipping administration authority in the pilotage district.
Article 22
Pilots shall perform pilotage service within the designated pilotage district.
Article 23
Any pilot shall be physically certified by a designated hospital through a check-up that he is physically fit for pilotage service; and during the period of performing pilotage service, any pilot shall make a check-up on vision, hearing and physical constitution once a year or make such check-up whenever the shipping administration authority deems necessary.
Article 24
When performing pilotage service, any pilot shall keep with him the pilot license and other relevant certificates. No pilot shall reject the request of the master for verifying such certificates.
Article 25
When performing pilotage service, the pilot boat shall fly the signal as specified by International Code of Signal or ROC government authority, and the pilot signal light shall be exhibited during the nighttime.
The signal flag or light shall be removed as soon as the pilot leaves the pilot boat or is out of service.
Article 26
Any pilot is limited to pilot one vessel per time, except the vessel which is towed due to totally or partly losing her driven power.
Article 27
A pilot may request the tug boat employed by the owner or master of a vessel for assistance when he deems necessary.
Article 28
When piloting a vessel, a pilot may bring one certified apprentice pilot on board, or if permitted by the master of the vessel, he/she can bring two apprentice pilots.
Article 29
The owner or master of a vessel shall pay pilotage charges after the pilot is hired, no matter whether or not the vessel navigates or shifts within the port or is towed by a tug boat. If the pilot is requested to stay aboard under special circumstances, he/she shall be paid the charges for standing by.
The charges mentioned in the previous paragraph shall be paid at the rates established in the tariffs of respective pilotage districts.
Article 30
A pilot may reject to pilot a vessel if the master of the vessel makes unreasonable requests which violate ROC or international laws and regulations for navigation or the regulations for preventing collisions at sea, or if the pilotage service is unable to be performed due to proper reasons. However, the pilot shall make a statement of fact; reporting to the local shipping administration authority concerned.
Article 31
Any pilot shall report the following cases through a most prompt way to relevant authorities, and make the report again in writing in detail upon arrival at a port: 1. Any change of water passage. 2. Any new obstacle found in the water passage, which would impede the safety of navigation 3. Any change of position of a lighthouse, light boat, guidepost, buoy and aid to navigation, or any abnormal or inoperative light, signal and sound supposed to be made. 4. Any ship in distress. 5. Any ship violating navigation laws and regulations.
Article 32
Any pilot who is hired on board to pilot a vessel shall respect the commanding right of the master of the vessel.
Article 33
The master of a vessel shall provide appropriate arrangements to allow the pilot to embark or disembark safely.
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.
Chapter 6 Supplementary Provisions
Article 41
The provisions prescribed in this Law applicable to masters shall also be applicable to the acting masters of vessels.
Article 42
The rules regulating the qualifications and practicing courses of apprentice pilots, qualifications of pilots for the special pilotage districts, issuance of pilot licenses and certificates of registry, fees for licenses or certificates, supervision of pilotage services, establishment of pilot offices, supervision and management, and etc. shall be prescribed by the MOTC.
Article 43
The present Law shall come into force on the day of promulgation.
Web site:Laws & Regulations Database of The Republic of China