Pilotage Act 1983

30 Compulsory pilotage

(1) On the day appointed under subsection (7) below for the coming into force of this section or for the coming into force for a particular purpose, this section shall be substituted for section 31 of this Act to the extent (if any) specified in the order.

(2) Subject to subsection (4) below, a ship which is being navigated in a pilotage district in circumstances which the pilotage order for the district specifies as circumstances in which pilotage in the district is compulsory shall be—

(a) under the pilotage of a licensed pilot of the district who, in any such case as is specified in byelaws made under this Act by the pilotage authority for the district, is accompanied by an assistant who is also a licensed pilot of the district or, if the byelaws so provide, has a qualification specified in the byelaws ; or

(b) under the pilotage of a master or first mate who possesses a pilotage certificate for the district and is bona fide acting as master or first mate of the ship.

(3) Without prejudice to the generality of subsection (2) above but subject to the following subsection, a ship which is being navigated in a port in a pilotage district at a time when—

(a) there is a defect in its hull, machinery or equipment which might affect materially the navigation of the ship; and

(b) the pilotage authority for the district have, at the request of the body managing or regulating the port, given notice to the master of the ship stating that the ship is to be under pilotage,

shall be under such pilotage as is mentioned in paragraph (a) or paragraph (b) of subsection (2) above.

(4) Subsections (2) and (3) above shall not apply to a ship belonging to Her Majesty, and a pilotage authority may by byelaws under this Act provide that a ship which is of a kind described in the byelaws by reference to its type, size or cargo shall not be required by virtue of the pilotage order for the authority's district to be under such pilotage as is mentioned in subsection (2) above ; and in this Act " excepted ship " means, in relation to a pilotage district, a ship belonging to Her Majesty and any other ship of a kind described in byelaws made by virtue of this subsection by the pilotage authority for the district.

(5) If any ship is not under pilotage as required by subsection (2) or (3) above, and either—

(a) the master of the ship has not complied with the requirements of byelaws made under this Act, by the pilotage authority for the district in question, about requests for pilots; or

(b) a licensed pilot of the district has offered to take charge of the ship,

then, subject to the following subsection, the master of the ship shall be guilty of an offence and liable on summary conviction to a fine not exceeding whichever of the following is the greater, namely—

(i) in England and Wales and in Scotland, level 5 on the standard scale,

(ii) in Northern Ireland, £1,000,

or double the amount of the pilotage charges which would have been payable in respect of the ship if it had been under pilotage as so required and, where the master has not complied as aforesaid, if he had so complied.

(6) It shall be a defence in proceedings for an offence under subsection (5) above to prove that on the occasion to which the charge relates the ship was being navigated in the pilotage district in question only so far as was necessary to avoid serious danger to the ship.

(7) This section shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed under this subsection for different purposes.

(8) Without prejudice to the generality of subsection (7) above, an order under that subsection may appoint a day for the coming into force of this section in relation only to such pilotage districts as are specified in the order.