N.J. Admin. Code § 16:64-10.4

Current through Register Vol. 57, No. 1, January 6, 2025

Section 16:64-10.4 - Suspension, limitation, or revocation of a license

(a) The Commission may suspend, limit, or revoke the license of a pilot for any one of the following grounds:

1. The pilot has violated N.J.S.A. 12:8-1 et seq., this chapter, or any Order issued by the Commission;

2. The pilot has negligently lost any vessel under his or her care;

3. The pilot has a mental or physical condition that precludes proper piloting;

4. The pilot has failed to comply with the Rules of the Road;

5. The pilot has failed to comply with the United States Coast Guard Vessel Traffic Service Regulations or directives;

6. The pilot meets any of the grounds in N.J.A.C. 16:64-9.3 or 9.15;

7. The pilot has failed to perform his or her piloting duties as a prudent pilot would under the prevailing circumstances; or

8. The pilot has intentionally and/or materially misrepresented or failed to provide a relevant fact to the Commission.

(b) Where the Commission's President, or President designee, finds that a pilot or apprentice cannot safely perform the duties of a pilot because of the pilot's or apprentice's mental or physical health or use of alcohol or a controlled dangerous substance, he or she may issue an Order immediately prohibiting the pilot or apprentice from engaging in pilotage operations for a period of up to 30 days. Such an Order shall include the Commission's grounds for its action and shall direct the pilot to appear at an informal hearing, in accordance with N.J.A.C. 16:64-10.5.

(c) Before a pilot's license is limited, suspended, or revoked, unless it is temporarily suspended pursuant to (b) above, the Commission shall direct the pilot to appear at an informal hearing, conducted pursuant to N.J.A.C. 16:64-10.5. If the license is limited, suspended, or revoked at the conclusion of the informal hearing, the pilot shall have a right to request a formal hearing, pursuant to N.J.A.C. 16:64-10.6.

(d) After a license is limited, suspended, or revoked, the Commission may request that the pilot surrender his or her license. Should the pilot fail to surrender his or her license, the Commission shall publish a newspaper notice that states that the person no longer has the right to act as a pilot until reinstated by Order of the Commission.

N.J. Admin. Code § 16:64-10.4

Amended by 46 N.J.R. 1703(a), effective 7/21/2014.

Amended by 49 N.J.R. 1452(a), effective 6/5/2017