Report Title:

Pilotage

Description:

Transfers the responsibility for regulating port pilots from the DCCA to the DOT.

THE SENATE

S.B. NO.

2841

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO PILOTAGE.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 462A-1, Hawaii Revised Statutes, is amended by amending the definitions of "department" and "director" to read as follows:

""Department" means the department of [commerce and consumer affairs.] transportation.

"Director" means the director of the department of [commerce and consumer affairs.] transportation."

Section 2. Section 462A-3, Hawaii Revised Statutes, is amended to read as follows:

"§462A-3 Powers and duties of the director. In addition to any other powers and duties authorized by law, the director shall:

(1) Grant licenses to port pilots and deputy port pilots pursuant to this chapter, when the need arises;

(2) Adopt, amend, or repeal rules in accordance with chapter 91 as may be necessary to carry out the purposes of this chapter which are to provide for maximum efficiency in navigating vessels entering or leaving the waters of this State; maintain a pilotage system devoted to the preservation, and protection of lives, property, and vessels entering or leaving waters of the State; and ensure an adequate supply of qualified pilots in aid of commerce and navigation;

(3) Develop appropriate standards for licensure to maintain an adequate supply of pilots based on the needs of users of pilotage services or the department [of transportation's harbors division]. Licensing requirements shall include examinations and investigations to determine whether persons applying for full port pilot, or deputy port pilot licenses are qualified;

(4) Enforce this chapter and rules adopted pursuant thereto;

(5) Suspend, revoke, or deny the issuance of any license for any cause prescribed by this chapter, or for any violation of the rules;

(6) Investigate any person for violations of any provisions of this chapter;

(7) Adopt methods to improve disciplinary and enforcement programs against violations of this chapter; and

(8) Do all things reasonable, necessary, and expedient to insure proper and safe pilotage and to facilitate the efficient administration of this chapter."

SECTION 3. Section 462A-3.5, Hawaii Revised Statutes, is

amended by amending subsection (b) to read as follows:

"(b) The director, in consultation with users of pilotage services[, the department of transportation's harbors division,] and the professional association of port pilots in the State, shall give primary consideration to the public interest in ensuring that there is an adequate supply of qualified pilots to safely and economically meet the requirements of commerce."

SECTION 4. Section 462A-11, Hawaii Revised Statutes, is amended to read as follows:

"§462A-11 Rates of pilotage. The director of commerce and consumer affairs shall establish the rates of pilotage for vessels subject to this chapter as follows:

(1) The rates of pilotage in effect on July 1, 1978, shall remain in effect until changed by the director of commerce and consumer affairs pursuant to this chapter.

(2) No rate shall be increased, lowered, or altered without a public hearing in accordance with chapter 91. Due notice of hearing shall be mailed at least thirty days prior to the date of hearing to the individual licensed pilots, the pilot's association, and all owners, charterers, operators, and agents of vessels who have registered with the department[.] of commerce and consumer affairs.

(3) The director[,] of commerce and consumer affairs, in setting rates of pilotage, shall fix such amounts as will be a fair charge for the services rendered with due regard to necessary operating expenses, maintenance of, depreciation on, and return on investment for property used in the business of pilotage, and the rates and charges of pilotage at comparable ports of the United States.

(4) Persons aggrieved by the [director's] decision of the director of commerce and consumer affairs setting the rates of pilotage may appeal to circuit court as provided in chapter 91."

SECTION 5. Section 462A-18, Hawaii Revised Statutes, is amended to read as follows:

"§462A-18 Vessels required to take a pilot. Every vessel involved in trade or commerce, other than an exempt vessel, entering or departing from any port in or traversing the waters of the State designated as pilotage waters shall employ a pilot licensed under this chapter; provided that a vessel declared by the director [of transportation] to be in immediate danger of destruction or which poses an immediate hazard to public safety by its presence in the harbor may be moved without a pilot when a pilot is not immediately available."

SECTION 6. Section 462A-19, Hawaii Revised Statutes, is amended to read as follows:

"§462A-19 Exempt vessels. This chapter does not apply to:

(1) Any vessel required by the laws of the United States of America to be under the direction and control of a federally licensed pilot;

(2) Public vessels of the United States of America;

(3) Fishing vessels that have been issued a fishery license or appropriately endorsed registry under the laws of the United States of America; or

(4) Tugs or towboats of 1,600 gross tons or less which are registered in the United States if the master, mate, or operator is licensed in the United States and has made a minimum of six round trips into and out of the pilotage water which the vessel is traversing.

This section provides minimum pilotage requirements, and is not intended to negate the [department of transportation's] department's responsibility for the safety of all ports and shore waters in the State, nor does it limit the department's right to require additional pilotage should that department determine it is necessary to ensure safety in the ports or shore

waters of the State."

SECTION 7. All administrative rules of the department of commerce and consumer affairs concerning the licensure and regulation of pilots under chapter 462A, Hawaii Revised Statutes, shall continue in effect until repealed and replaced by the department of transportation and the department of transportation may enforce those administrative rules of the department of commerce and consumer affairs until repealed and replaced. Administrative rules establishing rates of pilotage under section 462A-11, Hawaii Revised Statutes, shall continue to be administered by the department of commerce and consumer affairs.

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect upon its approval.

INTRODUCED BY:

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