N.Y. Comp. Codes R. & Regs. tit. 21 § 51.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 51.1 - Sandy Hook pilot apprentices

(a) Scope. This section prescribes the necessary qualifications and application procedures for persons seeking to be admitted to the apprenticeship program for Sandy Hook pilots, a general outline of the required apprenticeship program and licensure examination procedures.

(b) Availability and number of apprentices.

(1) The number of Sandy Hook pilot apprentices shall be set by the Board after consultation with the Sandy Hook Pilots' Association and the New Jersey Maritime Pilot and Docking Pilot Commission ("N.J. Commission"). The number shall be set, so as to assure there is a sufficient number of licensed Sandy Hook pilots necessary to safely, properly and adequately pilot regulated vessels into or out of the Port of New York and New Jersey.

(2) The availability of openings for applicant apprentices shall be posted on the board's website at www.nypilotcommission.org and advertised in an appropriate trade journal. These advertisements shall specify a deadline for submitting the applications. Qualified applicants shall be considered without discrimination because of race, color, religion, national origin, sex or marital status.

(c) Qualifications of applicants for apprenticeship.

(1) A person seeking to be registered with the Board as an apprentice shall present satisfactory evidence, at the time of the application, that he or she:

(i) is at least 21 years of age and is not more than 30 years of age no later than April 15 of the year the application is filed;

(ii) is of good moral character as evidenced through at least two written references provided by the applicant and background checks as may be directed by the Board;

(iii) is in good physical health and at a minimum meets all of the medical and hearing requirements required of the holder of a First Class Federal Pilots' license without waiver and has passed a chemical drug test for dangerous drugs as set forth in the U.S. Department of Transportation's 5 Panel Drug Test;

(iv) has a minimum uncorrected visual acuity of at least 20/50 in each eye, correctable to 20/20 in each eye;

(v) is able to satisfactorily pass one of the following tests for color perception without the use of color sensing lenses:

(a) Psuedoisochromatic Plates (Dvornine 2nd Edition; AOC; revised edition or AOC-HRR; Ishihara 16-, 24-, or 38-plate editions);

(b) Eldridge-Green Color Perception Lantern;

(c) Farnworth Lantern;

(d) Keystone Orthoscope;

(e) Keystone Telebinocular;

(f) SAMCTT (School of Aviation Medicine Color Threshold Tester);

(g) Titmus Optical Vision Tester; or

(h) Williams Lantern;

(vi) Holds or will hold a Bachelor's Degree from an accredited college or university by June 30th of the year the application is filed;

(vii) Has the ability to read, write, and speak fluent English;

(viii) Is a citizen of the United States; and

(ix) Has demonstrated through an interview and testing process the aptitude, interpersonal skills and physical skills required of a pilot.

(2) Applicants shall be screened through an independent testing and review process. The results shall be submitted to a selection committee consisting of one member of the Board or its Executive Director if a member is unavailable, one member of the N.J. Commission or its Executive Director if a member is unavailable, two New Jersey licensed Sandy Hook pilots and two New York licensed Sandy Hook pilots, as nominated by the respective state Sandy Hook Pilots' Association.

(3) By agreement with the Sandy Hook Pilots' Association, the Board, and the N.J. Commission, applicants selected by the selection committee pursuant to the procedures set forth in (2) above may be designated as applicants for the license examination of either state. The Board may, at its discretion, accept as New York registered apprentices those so designated after review of the recommendation of the selection committee to ensure that the apprentice meets New York standards for entry into the apprentice program and the State's needs for pilots.

(4)

The Board shall retain a list of 10 applicants in order of preference as determined by the selection committee and approved by the Board. Such list shall be retained for a period of two years from the date it is approved by the selection committee. If during that period, it is determined that an additional apprentice is needed, the Board shall select an applicant from that list in order of ranking on said list. If a selected applicant refuses registration or is unable to meet the requirements of apprenticeship at the time of registration, the Board shall select the applicant ranked next on the list. Once selected, the applicant shall be deemed a registered apprentice. Upon subsequent selection(s) of applicants from the ranked list, any applicant who was deemed ineligible to meet the requirements of registration at the time of the last selection shall be selected if he or she now satisfies the requirements for registration. If, however, a selected applicant refuses registration, such applicant shall be deleted from the ranked list and shall not be considered upon subsequent selection(s).

(5) After selection and Board registration, the apprentice shall become an employee of the Sandy Hook Pilots' Association.

(6) Appropriate application and testing fees will be required from all applicants for apprentice selection in an amount sufficient to cover administrative costs and testing fees. Application forms and information concerning the apprenticeship program and application procedures may be obtained from the Sandy Hook Pilots Association, 201 Edgewater Street, Staten Island, New York.

(d) The registered apprenticeship.

(1) The apprenticeship shall be served under the Sandy Hook Pilots' Association which shall be responsible for assuring that all apprentices are fully instructed in such manner as to fully qualify them in every respect to perform the duties of a Sandy Hook pilot. Every apprenticeship shall be served in the pilot vessels of the Sandy Hook pilots.

(2) The apprenticeship program shall include a minimum of four years training. Time requirements, however, may vary depending on the varying levels of professional training already possessed by those entering the apprenticeship and the needs of the pilot service.

(3) During the apprenticeship, all apprentices must acquire;

(i) a Merchant Mariner Credential with Able-Bodied Seaman and Lifeboatman's endorsements;

(ii) A Federal Master of Pilot Vessel's License or higher, issued with an endorsement as First Class Pilot or equivalent, and necessary extensions of route for all areas of the Port of New York and New Jersey, all as issued pursuant to 46 CFR Part 10 of the rules of the United States Coast Guard; and

(iii) Such other licenses and certificates as may be required for the training program by the Association or the Board, including, but not limited to, ARPA (automatic radar plotting aid) certification and radar certification.

(4) In addition to the experience required to meet (ii) above, the apprentice shall make at least 225 trips during the last nine months of the apprenticeship (at least 40 of which shall be made during hours of darkness) on vessels under the supervision of a licensed Sandy Hook pilot.

(5) The apprenticeship shall include the prescribed academic courses at the Sandy Hook Pilot School, or an equivalent. Instruction shall cover all aspects of piloting and ship handling including, but not limited to: the use of navigation and communication equipment, the Rules of the Road, the use of aids to navigation, tides and currents, soundings, bearings and location of the shoals, rocks, bars, and points of land, courses, distances, and depths of channels; bridge management; and pollution control and environment protection. The apprentice shall learn the use of charts, coast pilots, tide tables, and current tables. The apprentice shall become familiar with the publications of the Army Corps of Engineers, the Coast Guard, the National Oceanic and Atmospheric Administration, the rules of the Board as contained in this section, and such other publications as may pertain to the piloting of vessels in the Port of New York and New Jersey.

(6) Each apprentice shall comply with the annual medical examination requirements in Article 21, Section 52.5 of the New York Codes, Rules and Regulations.

(7) Each apprentice shall appear before the Board at least once a year to demonstrate that he or she is making satisfactory progress in the apprenticeship program and is complying with the academic requirements and with all other requirements of the training program.

(8) The Board shall periodically review and approve the course contents and practical experience requirements of the apprenticeship program.

(9) Before any change in the approved apprenticeship program is instituted, the Pilots' Association shall obtain the approval of the Commission.

(10) If an apprentice is absent from duty for more than 30 consecutive calendar days, the Pilots' Association shall report the absence to the Board, and the Board may, after consultation with the Sandy Hook Pilots' Association, require the apprentice to make up the time lost.

(e) Dismissal or suspension of apprentices. After an opportunity to be heard pursuant to the State Administrative Procedure Act, a registered apprentice may be dismissed or suspended from the program on a showing that he or she:

(1) has failed to complete academic assignments or to achieve passing grades on required tests and examinations;

(2) has refused to perform or failed to perform assigned apprenticeship duties or to carry out lawful orders;

(3) has been negligent or incompetent in the performance of assigned apprenticeship duties;

(4) has failed to comply with the by-laws, rules, regulations and requirements of the apprenticeship program of the Sandy Hook Pilots' Association and approved by the Board;

(5) has failed to comply with the requirements of this section;

(6) has used or been found in possession of any illegal controlled dangerous substance or otherwise violates the provisions of 56.19 of this Title;

(7) has pled guilty or nolo contendere or has been convicted of a crime of moral turpitude;

(8) is incapable, for medical or any other good reason, of discharging the necessary functions and duties of an apprentice pilot;

(9) has engaged in conduct unbecoming an apprentice;

(10) has misrepresented any information in the application, or engaged in the use or employment of dishonesty, fraud, deception, misrepresentation, false promise or false pretense; or

(11) is temperamentally unfit or lacks the aptitude to fulfill the role of pilot.

Upon receipt by the Board of verified information that grounds for dismissal or suspension exist, the apprentice shall be so notified by registered letter which shall state the reasons for the proposed dismissal or suspension, and shall offer the apprentice the opportunity to respond within 10 days of receipt of the letter to contest the determination and to request a hearing. If no response is received the letter of notice shall become a final order of dismissal or suspension.

(f) Certification of Sandy Hook pilot apprentices.

(1) After an apprentice has completed all the requirements of the apprenticeship, the Sandy Hook Pilots' Association shall certify his or her record to the Board who shall review the record and consider the apprentice for the next scheduled licensing examination. Until such scheduled examination, apprentices shall continue to be employed by the Sandy Hook Pilots' Association.

(2) The Board may request the Sandy Hook Pilots' Association prepare an individual evaluation for each apprentice who is prepared to take the licensure examination. The evaluation shall summarize the qualifications, piloting history, and limitations, if any, of each apprentice. Each evaluation shall conclude with a narrative rating of the apprentice as "recommended" or "not recommended." The Board shall consider, but is not bound by, the evaluation of the Sandy Hook Pilots' Association.

(g) Examination.

(1) The Board shall conduct examinations for initial licensure as a deputy pilot on an as-needed basis, depending on the schedule of the certification of apprentices by the Sandy Hook Pilots' Association and the need to assure the availability of the number of pilots necessary to provide safe, adequate and proper pilotage for ships requiring the services of a New York or New Jersey licensed pilot.

(2) The written examination shall test the apprentice's qualifications for employment as a Sandy Hook pilot and knowledge of pilotage routes.

(3) A passing grade on the exam shall be 70 percent on all written sections except Rules of the Road, which shall be 90 percent. Any charts drawn by the apprentice shall be graded on a pass/fail basis.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 51.1

Amended New York State Register December 20, 2017 /Volume XXXIX, Issue 51, eff. 12/20/2017

Amended New York State Register June 16, 2021/Volume XLIII, Issue 24, eff. 6/16/2021