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Laws & Regulations Database of The Republic of China (Taiwan)

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Title: Regulations for administrating pilots CH
Amended Date: 2004-12-02
Category: Ministry of Transportation and Communications(交通部)
Attachment:
Chapter 1 General Principles
Article 1
The present Regulations are prescribed pursuant to Article 42 of Pilotage Act.
Article 2
The requirements and qualifications of the pilots performing pilotage services in the special pilotage districts which are divided and delimited by the Ministry of Transportation and Communications (MOTC) shall be drawn by individual local shipping administration authority according to the situation whereof and submitted for approval of the MOTC.
Article 3
The administrative rules governing the pilots of the special pilotage districts may be otherwise drawn by individual local shipping administration authority and submitted for approval of the MOTC for enforcement.
Article 4
The pilots of individual pilotage district shall establish a pilot office to deal with the procedures for the requirement for piloting services.
Each pilot office shall draw working rules for its member pilots to follow; the rules will be enforced after submitting for approval of local shipping administration authority.
The pilot office shall be placed under the supervision of local shipping administration authority.
Article 5
Any pilot office shall provide the duty book in its office for each group of member pilots to go on duty by turn by day accordingly; the name list of the pilots on duty in turn each day shall be filed with the local shipping administration authority.
Article 6
Any pilot office shall provide the topographic map covering individual pilotage district, table of sea level, tides and waves daily and information of instruments and devices relating to navigation and the Pilotage Act for member pilots' reference.
Article 7
The pilot boats exclusively used for pilotage services should be provided by the pilot offices, which may apply to the competent telecommunication authority for setting up radio stations for use to provide pilotage service.
Article 8
The pilot office which does not provide pilot boats may lease appropriate boats as the substitutes, provided, however, such boats shall have the identification marks stipulated in Article 9 of Pilotage Act.
Article 9
The pilot office, which is unable to acquire or lease the pilot boats, may report to the shipping administration authority requesting for assistance.
Article 10
All expenses for various facilities in the pilot office shall be borne by each member pilot in proportion to his/her revenue from pilotage services.
The shipping administration authority may, as it deems necessary, request the pilot offices to improve their facilities used for piloting vessels and the pilotage services rendered within a specific period of time.
The pilot office shall submit the annual accounts of equipment and funds in the end of each year to local shipping administration authority for audit and inspection.
Article 11
The boat exclusively used for pilotage service and navigating within a designated pilotage district may be exempted from processing the formalities of port entry and exit.
Chapter 2 Pilot License and Certificate of Registration
Article 12
After passing a pilot examination and possessing its certificate, the pilot shall apply to the MOTC for a Pilot License.
After being issued a pilot license, the pilot shall apply to the local shipping administration authority in the designated pilotage district for registration, whereby he will be issued a Certificate of Registry, against which the pilot shall be allowed to perform the pilotage service.
The pilot office shall, according to the number of pilot designated by the shipping administration authority, fill in the vacancies in sequence with the pilots who hold the Certificates of Registry mentioned in the previous paragraph to perform pilotage service. 
Article 12-1
Pilots are classified into two categories as follows:
1. "Class A Pilot" means the pilot who may pilot in a port and its coast for the vessels of the tonnage prescribed in Article 14 of the present Regulations.
2. "Class B Pilot" means the pilot who may pilot in inland rivers and lakes for the vessels of the tonnage prescribed in Article 15 of the present Regulations.
Article 13
An application to the MOTC for Pilot License should provided with following documents(as appendix 1):
1、 Application.
2、 Certificate for pilot issued by Examination Yuan.
3、 Certificate of physical issued by public hospital or teaching hospital for past three months.
4、 Two pieces of photo without hat for past three months.
5、 Application fees NT$ 2,000.
An application to the MOTC for renew Pilot License should provided with following documents(as appendix 2):
1、 Application.
2、 Certificate of pilot examination issued by Examination Yuan.
3、 Certificate of physical issued by public hospital or teaching hospital for past three months.
4、 Two pieces of photo without hat for past three months.
5、 Application fees NT$ 2,000.
6、 Certificate for pilot at least one year for past five years.
7、 Expired Pilot License of original.
An application to the MOTC for reissue Pilot License should provided with following documents(as appendix 2):
1、 Application.
2、 Two pieces of photo without hat for past three months.
3、 Application fees NT$ 2,000.
Article 14
Any person who acquires a Class A Pilot License pursuant to Article 12-1 hereinbefore is limited to pilot in the port and its coast for the vessels under 15,000 gross tonnage, except approved by the local shipping administration authority.
The pilot in the previous paragraph, who has had two-year experience and has not been punished the suspension of piloting and above pursuant to Pilotage Act, may pilot the vessel of 15,000 gross tonnage and over. 
If the pilot mentioned in the first paragraph has been punished the suspension of piloting vessel and above, the years of suspension shall be deducted from his/her term of service.
Article 15
Any person who acquires a Class B Pilot License pursuant to Article 12-1 hereinbefore is limited to pilot in inland rivers and lakes for the vessels under 3,000 gross tonnage, except approved by the shipping administration authority.
The pilot in the previous paragraph, who has had two-year experience and has not been punished the suspension of piloting and above pursuant to Pilotage Act, may pilot the vessel of 30,000 gross tonnage and over. 
If the pilot mentioned in the first paragraph has been punished the suspension of piloting vessel and above, the years of suspension shall be deducted from his/her term of service.
Article 16
The validity of Pilot License shall not exceed five (5) years. An application for renewing the license shall be made upon expiration of such license, with the existing license to be surrendered for revocation. 
Article 17
An application for registration as a pilot shall be made to the local shipping administration authority for issuance of the Certificate of Registry by enclosing the following documents and certificates:
1. Application form.
2. Resume. 
3. Certificate of physical check-up. 
4. Pilot License. 
5. Letter of Guarantee for Service.
6. Five photographs.
The validity of the Certificate of Registry in the previous paragraph will be the same as for the pilot license. The form of such certificate shall be prescribed by the local shipping administration authority and submitted for filing with the MOTC.
Article 18
In case that a pilot is hired as a long-term pilot by a vessel navigating in a compulsory pilotage district, approved by the local shipping administration authority, the Certificate of Registry shall mark the name of the company which vessel is piloted, as well as the navigation area or sailing routes.
Article 19
The local shipping administration authority shall issue the Certificate of Registry according to the sequence of the successful candidate pilots listed in the publicly posted roll of the pilot screening examination.
The pilots who have made the registration but not issued the Certificates of Registry due to the determined numbers being fully filled will be issued such certificates in sequence of registration when vacancies are available. 
Article 20
The pilot who takes physical check-ups pursuant to Article 23 of Pilotage Act within the service period shall report to the local shipping administration authority to put the remark in this regard in his/her Certificate of Registry for following up.
Article 21
When items in Certificate of Registry are changed, the pilot shall apply to the MOTC and the local shipping administration authority for replacing the Pilot License and Certificate of Registry by enclosing relevant documents within twenty days after such a change.
Article 22
An application shall be made for replacement or reissue of a Pilot License or Certificate of Registry which is lost, damaged or defaced so that it becomes unidentifiable.
Article 23
Any pilot shall pay a fee required for a newly issued, replaced or reissued Pilot License or Certificate of Registry.
The fee for a Pilot License is the same as that for a Certificate of Registry. 
Article 24
If a pilot is penalized the deletion of Pilot License or Certificate of Registry due to some reasons, or is punished the suspension of service, he/she shall, without any excuse to refuse, surrender such license and certificate to the MOTC and the local shipping administration authority respectively. 
Article 25
Upon retirement of a pilot, the pilot office shall be responsible for surrendering his/her Pilot License and Certificate of Registry to the authority which issues such license and certificate respectively for deletion.
Chapter 3 Apprentice pilots
Article 26
An apprentice pilot shall accompany a pilot on board to apprentice piloting. However, he/she is not allowed to perform such service alone. 
Article 27
A Republic of China (ROC) national who succeeds in the examination for class A pilot may apply for becoming an apprentice pilot in the port and its coast.
Article 28
A ROC national who succeeds in the examination for class B pilot may apply for becoming an apprentice pilot in the inland rivers and lakes. 
Article 29
Any person shall not become an apprentice pilot if he/she is the person indicated in any of the requirements prescribed in Article 13 of the Pilotage Act. 
Article 30
Any apprentice pilot shall show respect to the guidance of the pilot and the commanding right of the master of vessel. 
Article 31
An apprentice pilot shall apprentice the piloting for at least three (3) months.
Article 32
Upon expiration of apprenticing piloting, the pilot office shall prepare and surrender, by means of confidential document, the performance evaluation of the apprentice pilot to the MOTC for relaying to the Ministry of Examination. 
Chapter 4 Supervision of Performance of Pilots
Article 33
Any pilot shall come on time to the pilot office according to the rules specified in the duty book, standing by for the requirement for services. 
Article 34
When performing pilotage service, the pilot shall bring with him/her the Pilot License and relevant certificates for inspection by the person of the local shipping administration authority.
Article 35
Upon fulfilling pilotage services, the pilot shall fill in the Pilot Record with the vessel name, nationality, draft, boarding place and time, duration of detention at the quarantine station or other points, the layover time and the services rendered. The record sheets shall be certified by the master and bound together into volume to be submitted for inspection and being signed by the local shipping administration authority for reference for performance evaluation. 
The form of the Pilotage Record shall be drawn by the pilot office and approved with the local shipping administration authority.
Article 36
Any pilot piloting a vessel, entering and departing from a port, shall moor the vessel at the pier or anchorage stipulated by the port authority; however, if required by an extraordinary circumstance, a request may be made upon the vessel entering the port to the port authority for designating a place for mooring. 
Article 37
The pilot may request to replace any tugboat or mooring worker assisting in the operations of piloting, berthing and departure of a vessel if such a tugboat or worker is intentionally uncooperative to follow up the instructions of the pilot. The request of the pilot shall require a statement of facts to be sent to the port authority for investigation and disposition. 
Article 38
The shipping administration authority may prescribe, depending upon the situation of the local water area, to require that any special vessel or any vessel exceeding a specific tonnage and length shall hire at least two
pilots; however, these pilots shall meet together to coordinate the piloting without boarding the vessel in different times.
Article 39
Without consent of the master of a vessel, any pilot performing the pilotage service is not allowed to leave the vessel before fulfilling his/her duty. 
Article 40
Any pilot shall not refuse without due reasons to appear for questioning required by the local shipping administration authority as it deems necessary for enforcing its duties.
Article 41
If a pilot finds that the owner or master of a vessel in the designated pilotage district hires an unqualified pilot performing the pilotage service, he/she may immediately report the same to the local shipping administration authority requesting to disemploy such unqualified pilot by order and fill his/her place with a qualified pilot.
Article 42
(Deleted)
Article 43
Any pilot who finds a signal signifying the requirement for a port patrol boat in the course of piloting shall report the same immediately with radio to the shipping administration authority or the port authority.
Article 44
Any pilot who finds a vessel flying a signal for urgent need of rescue in the course of piloting shall ask the master of the vessel to rescue such vessel immediately under the circumstance that such operation would not jeopardize his/her vessel, crew and passengers. The pilot shall also report such event through the most prompt way to the related authorities for sending a salvage boat to rescue such vessel.
Article 45
Any pilot who finds any vessel in distress shall take actions pursuant to the provisions of Article 31 of Pilotage Act and, in addition, shall describe in detail the vessel's position, draft and the causes of the disaster as far as he/she knows. 
Article 46
In case a port patrol boat approaches and intends to board the vessel under his/her piloting, the pilot on board shall take cooperative measures or stop the navigation of the vessel. 
Article 47
Any confidential information involving national defense and military in pilotage districts shall be absolutely safeguarded and not be disclosed by
any pilot. Whoever violates the regulations herein shall be punished by law.
Article 48
Any pilot shall observe the assignment by the pilot administration authority in time of war. No person shall leave his/her post without prior permission. Whoever violates the regulations herein shall be punished by law.
Article 49
The fees payable to the pilot for his/her services rendered to a vessel shall be charged in accordance with the tariff specified for each pilotage district.The pilot may request the owner or master of the vessel to clear off all such fees upon completion of pilotage services.
Article 50
Any pilot who fails to take his/her turn of duty or to stand by for the requirement of pilotage service pursuant to Article 5 of the present Regulations will be penalized, as negligence of duty, by the shipping administration authority.
Chapter 5 Supplementary Provision
Article 51
The present Regulations shall come into force on the day of promulgation.

The English translation is for reference only. In case of discrepancy between the Chinese and English versions, the Chinese version shall prevail.
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