Section 42 - Application for license; examinations; classification of pilots; term of license; acting as pilot without license; penalty(a) Every person not now a licensed pilot, and who desires to exercise the profession of pilot in the Delaware Bay and River, shall apply to the Navigation Commission for the Delaware River and its navigable tributaries for a license to entitle the person to follow that occupation; and it shall be the duty of the Navigation Commission to call to their assistance as many pilots of the first class as they may see fit, not less than three in number, to examine every person so applying, as to the person's fitness in all respects to perform the duties of a pilot, and to grant licenses to all such as they deem qualified, according to their respective abilities: Those of the first class, to persons capable of piloting vessels of any practicable draught of water; those of the second class, to persons capable of piloting vessels drawing forty-five feet of water, or under; those of the third class, to persons capable of piloting vessels drawing forty feet of water, or under; those of the fourth class, to persons capable of piloting vessels drawing thirty-five feet of water, or under; those of the fifth class, to persons capable of piloting vessels drawing thirty-two feet of water or under; and those of the sixth class, to persons capable of piloting vessels drawing twenty-seven feet of water or under; which licenses shall be in force for one year from the date thereof, and until the pilots, respectively, shall next after the expiration of the year, arrive with any vessel at the Port of Philadelphia, and no longer; but every pilot delivering up the person's license shall be entitled to receive a new one in lieu thereof, giving like security as hereinafter directed, unless it shall appear to the Navigation Commission that the person applying is disqualified from exercising the duties of a pilot; and if any person shall in any manner exercise or attempt to exercise the profession of a pilot, except in vessels under one hundred tons burden, in the Delaware Bay or River without license duly granted, or at any time after the person's license shall have expired, the person shall be liable for a civil penalty in an amount up to twice the amount of pilotage, as calculated under existing law, and shall also be guilty of a misdemeanor, and, upon conviction thereof, shall be imprisoned for not less than one month nor more than one year, and be fined a sum not exceeding two hundred dollars, at the discretion of the court.(b) The Navigation Commission, after notice and hearing, is authorized to impose a civil penalty in accordance with subsection (a). Such penalty shall be payable one-half to the Navigation Commission and one-half to the Society for the Relief of Distressed and Decayed Pilots, their Widows and Children.(c) The Navigation Commission may bring an action in the courts of this Commonwealth or any other court of competent jurisdiction to enforce the provisions of this section and shall recover in the action, in addition to any penalty imposed pursuant to subsection (b), for the benefit of the Navigation Commission and the Society for the Relief of Distressed and Decayed Pilots, their Widows and Children, all attorney fees and costs incurred in prosecuting the action.1803, March 29, P.L. 542, 4 Sm.L. 67, § 17. Amended 1907, June 8, P.L. 469, § 2; 1911, June 9, P.L. 750, § 1; 1956, April 4, P.L. (1955) 1412, No. 464, § 1; 1969, July 10, P.L. 154, § 1; 1984, Oct. 12, P.L. 946, No. 184, § 1, imd. effective; 1993, June 23, P.L. 114, No. 27, § 2, effective in 60 days; 2001, May 17, P.L. 98, No. 11, § 1, effective in 60 days.