N.J. Admin. Code § 16:64-8.4

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

Section 16:64-8.4 - Occurrences

(a) Any pilot or apprentice who witnesses an occurrence or who is aboard a vessel involved in an occurrence shall comply with the following:

1. Immediately after the occurrence, and as soon as the pilots or apprentices services are no longer needed, provide a verbal report to the Commission;

2. Within 72 hours, or one business day, whichever is longer, provide the Commission with a written report, on a form provided by the Commission, with a detailed description of the occurrence and photostatic copies of other material that might assist in investigating and determining the cause of the occurrence, which may include:

i. Witness statements;

ii. Deck and engine log books and bell books;

iii. Pilot cards;

iv. Voyage plans;

v. Photographs;

vi. Position plots;

vii. Soundings; and

viii. Depth-measuring devices printouts; and

3. Submit to a post-occurrence chemical drug test for evidence of dangerous drugs and alcohol in accordance with the requirements of N.J.A.C. 16:64-9.9.

(b) When requested by the Commission, the pilot shall deliver immediately to the Commission copies of any additional documents within the pilots possession and/or control.

(c) In addition to the reports required in (a) and (b) above, the Pilots Association, and/or Independent Pilots Association, as appropriate shall promptly investigate any occurrence, which occurs during the time a pilot licensed by the Commission was piloting a vessel involved in an occurrence and the occurrence results in one or more of the following:

1.Personal injury;

2.Property damage in excess of $ 10,000;

3.A discharge of substance into the water;

4.Delay of the vessel;

5.A collision or allision; or

6.A grounding or touching of the bottom.

(d) The Pilots Association and/or Independent Pilots Association shall not be required to provide the Commission with any opinions or conclusions of its investigators as to the culpability of a pilot licensed by the Commission but shall not be prohibited from doing so.

(e) Any pilot or apprentice who is involved in or witnesses an occurrence may be required to appear before the Commission.

(f) Any pilot or apprentice who fails to make a verbal report or file the written report required by (a) above may be fined $ 500.00 for each day the report is late. Any reports filed later than 10 days after the incident shall, in addition to this penalty, subject the pilot to further disciplinary action pursuant to N.J.A.C. 16:64-10. Fines shall continue to be doubled for each subsequent offense.

N.J. Admin. Code § 16:64-8.4

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