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Pilotage Act 1983

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36Right of licensed pilot to supersede unlicensed persons

(1)A pilot licensed for a district may supersede any pilot not so licensed who is employed to pilot a ship in the district.

(2)Where a licensed pilot supersedes an unlicensed pilot the master of the ship shall pay to the latter an appropriate proportion of the pilotage charges payable in respect of the ship.

Any question as to the proportion payable to the person whom the licensed pilot has superseded shall be referred to the pilotage authority by whom the licensed pilot has been licensed, and their decision on the question shall be final.

(3)If in any pilotage district a pilot not licensed for the district pilots or attempts to pilot a ship when he knows that a pilot licensed for that district has offered to pilot the ship, he shall be liable on summary conviction in respect of each offence to a fine not exceeding—

(a)in England and Wales and in Scotland, level 4 on the standard scale,

(b)in Northern Ireland, £500.

(4)If the master of a ship knowingly employs or continues to employ a pilot not licensed for the district to pilot the ship within any pilotage district after a pilot licensed for that district has offered to pilot the ship, or, in the case of an outward bound ship, without having taken reasonable steps (proof whereof shall lie on the master) to obtain a licensed pilot, he shall be liable on summary conviction in respect of each offence to a fine not exceeding—

(a)in England and Wales and in Scotland, level 4 on the standard scale,

(b)in Northern Ireland, £500.

(5)If any person other than the master or a seaman being bona fide one of the crew of the ship is on the bridge of a ship, or in any other position (whether on board the ship or elsewhere) from which the ship is navigated, that person shall, for the purposes of this section, be deemed to be piloting the ship unless the contrary is proved.

(6)In this section, "ship" does not include a ship which a person is piloting or ordered to pilot, in a dockyard port within the meaning of the [1865 c. 125.] Dockyard Ports Regulation Act 1865, in the course of his duties as a servant of the Crown; but nothing in this subsection shall be construed as derogating from any immunity which affects a ship apart from this subsection.

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