La. Admin. Code tit. 46 § LXX-9115

Current through Register Vol. 50, No. 9, September 20, 2024

Section LXX-9115 - Enforcement

A. In any case, where a vessel under pilotage shall go aground or collide with another vessel or allide with any object or meet with any marine casualty, or be injured or damaged in any way or in the event of a near-miss of any of the above, the board shall cause to be conducted a preliminary investigation into the casualty or the near-miss to determine if there are any violations of the law or board's rules.

B. When probable cause relating to any event set forth in §9115. A involving a pilot is preliminarily determined, the board may conduct or order an investigation.

C. All board investigations shall be conducted in accordance with R.S. 49:950 et seq.

D. In any case, where a vessel under pilotage is involved in any event set forth in §9115 A, any pilot providing piloting services relating to such vessel shall report such event as follows:

1. report the casualty to the board by whatever means available to the pilot as soon as practical but not later than 24 hours after the occurrence of such event;

2. be available within 24 hours of such event for interview by the board and furnish complete details of the casualty;

3. make a written report regarding such event to the board as soon as practical but not later than 48 hours after such event.

E. Any pilot who shall neglect, or refuse to make any required report to the board as required by these rules, shall be subject to the board-imposed sanctions provided in §9115 J

F. Any pilot requested or summoned to testify before the board shall appear in accordance with said request or summons and shall make answers under oath to any questions put to him/her related to or in any way connected with the pilot's service.

G. In any case, where the board finds or suspects a violation of the law or applicable regulation, or a violation of its rules, the board may charge the pilot appropriately. If the charge is proven, the board may take action as authorized by R.S. 34:1077. However, this rule shall not abrogate any pilot rights pursuant to all applicable laws. Specific enforcement parameters are included in §9115 J, K, L, M and N herein.

H. When an investigation or any other information source reveals dangerous and/or unsafe conditions and/or conditions that may jeopardize the interests, safety, health, or welfare of the pilots, vessels, cargo, property or individuals, the board may make recommendations to vessel owners, operators, agents or any other involved persons/entities including the Lake Charles Harbor and Terminal District and the U.S. Coast Guard regarding corrective measures.

I. Marine casualties, accident, and required reports are defined in Title 46 Code of Federal Regulations, Part 4 (46 CFR 4). Required reports shall be made to the U.S. Coast Guard by the owners, operators, masters or agents of vessels so involved. This federally-imposed requirement affects all U.S. commercial vessels sailing worldwide and every foreign flag vessel operating on or present within U.S. waters within the pilotage area, as relating to these rules. Hazardous conditions are defined in 33 CFR 160.203 and must be reported to the U.S. Coast Guard. Navigation safety regulations prescribed in 33 CFR 165 shall be followed. Every pilot must immediately report all marine casualties, near-miss incidents, hazardous conditions, and violations of navigation safety regulations to the U.S. Coast Guard and to the board. Action on near-miss reports, absent a showing of violation of navigation rules or negligence, is without attribution toward preventing similar future incidents.

J. After notice and a hearing, the board may, as authorized by R.S. 34:1077, and at their discretion, remove, suspend or reprimand a commissioned pilot, impose civil penalties and/or recommend, to the governor, revocation of the pilot's commission. Suspensions shall not last more than one year, and must be followed by a period of reorientation of not less than 14 days and not to exceed 60 days.

K. The board may take such enforcement action specified in §9115 J, upon a finding that one or more of the following grounds exists:

1. neglecting or refusing to perform any pilot duty;

2. failing to board a vessel at a designated point and time without good cause;

3. threatening to fail to perform or actually failing to perform any duty of a pilot in a manner consistent with established marine customs and practices;

4. performing any duty as a pilot while under the influence of alcohol or drugs;

5. engaging in conduct prejudicial to the safety of the vessel, and/or its officers or crew, and/or its cargo;

6. engaging in conduct prejudicial to a local port, vessel owner or agent, or private shipper or consignee;

7. having a physical or other disability, which inhibits the pilot's ability to board a vessel or perform the duties of a pilot while aboard a vessel;

8. e xhibiting incompetency as a pilot;

9. engaging in fraud, perjury, or deceit to obtain or renew a certification or in any other proceeding before the board;

10. engaging in dishonesty, fraud, or negligence in the performance of pilot services;

11. having his or her license cancelled, revoked, or suspended or being denied a license or the renewal of a license for disciplinary reasons by another state or by the United States Coast Guard for any cause, including other restrictions imposed by such other licensing authority;

12. revocation or suspension of, or a voluntary consent decree revoking or suspending, a license, which concerns pilotage duties before any other state or a federal agency;

13. engaging in efforts to deceive or defraud the owner of a vessel or the owner of the cargo or their agents;

14. attempting to usurp, or actually usurping, the authority of the master of a vessel;

15. failing to maintain a current United States Coast Guard license;

16. entering a plea of guilty or nolo contendere or being convicted of a felony or of any other crime, an element of which is dishonesty or fraud, under the laws of the United States, this state, or any other state;

17. failing to notify the board in writing immediately, after the occurrence of any issuance, denial, revocation, or suspension of a pilot's commission, license, or other similar grant of authority by another state or the United States Coast Guard;

18. violating applicable traffic separation schemes and vessel traffic service regulations and any other applicable regulation published by the United States Coast Guard or any other federal, state or local agency;

19. violating any of the Navigational Rules; International-Inland;

20. failing to take cognizance of local notice to mariners and marine information disseminated by the United States Coast Guard;

21. violating any provision of this regulation or any other adopted by the board.

L. In lieu of an adverse action pursuant to this Section, the pilot may tender his/her commission. The board may, for stated reasons, impose such terms and conditions as it deems appropriate as part of its acceptance of the commission tender.

M. The board may suspend a pilot without notice or hearing when it clearly appears from an affidavit of an interested party that further piloting by a commissioned individual poses a threat of immediate injury, loss, or damage before notice and a hearing can be arranged. Notice shall be given to the pilot and the association with all deliberate speed and in the most expeditious manner available. A hearing with notice shall be arranged at the earliest possible date, allowing a reasonable amount of time for the pilot to prepare a defense.

N. The board shall establish policies and procedures to address violations in a formal and consistent manner.

O. Rules of the board may be enforced, in accordance with R.S. 1072, by any court of competent jurisdiction.

La. Admin. Code tit. 46, § LXX-9115

Promulgated by the Board of River Port Pilot Commissioners and Examiners, Calcasieu River Waterway, LR 28:1480 (June 2002).

AUTHORITY NOTE: Promulgated in accordance with R.S. 34:1072.