P.R. Laws tit. 23, § 361a

2019-02-20 00:00:00+00
§ 361a. Rendering of services

No person may perform pilotage in the ports of Puerto Rico unless he/she fulfills the duties and obligations, which without being limited thereto, are included below:

(a) Render services to any person who requests them, except for security reasons which prevent it, or any others that the Commission may determine by regulations.

(b) Harbor pilots are hereby prevented from unilaterally determining rates or other charges. The Commission shall determine the rates and other fees to be charged for pilotage services.

(c) Harbor pilots, under the supervision of the Commission, shall acquire and maintain ships, office facilities, equipment, a dispatching system, communication equipment and any other facility or equipment that is necessary and will serve as support to a modern, reliable and safe pilotage service.

(d) Harbor pilots, in the ports they perform, have to train the pilotage candidates assigned to them, as provided by the Commission. Failure to comply with these provisions shall bring about disciplinary action against the pilot, pursuant to this chapter. It shall not be construed that this provision will create a relationship as an agency or employer-employee relationship between the harbor pilot and the candidate to the practice of pilotage in Puerto Rico.

(e) An area shall be designated where the harbor pilot’s boat or vessel shall draw up alongside the ship that enters port; provided, that:

(1) The harbor pilot shall board the ship that is entering, before the ship reaches the buoys that mark the harbor entrance.

(2) The harbor pilot shall arrive at the command bridge in time to exchange information with the officer in command before taking over the command, to become familiar with the special steering characteristics of the ship, or any other special requirement.

(3) The harbor pilot shall take command from the captain or officer in charge with sufficient time to align the prow of the ship with the center of the entering channel to thus avoid endangering the ship or risking an accident.

(4) When the vessel leaves port, the harbor pilot shall remain on board until the ship has left the buoys that mark the limits of the entering channel or any possible or foreseeable danger; Provided, That under normal circumstances he/she shall not disembark within the port.

Failure to comply with the obligations provided in this section shall bring about the corresponding disciplinary action pursuant to this chapter.

History —Aug. 12, 1999, No. 226, § 4, eff. 30 days after Aug. 12, 1999.