Provides for the licensing of docking pilots in the waters of the port of New York and the ports of New Jersey and for criminal history checks of applicants

Section 2 amends the Navigation Law to add a new § 89 which requires that every foreign vessel and every American vessel under register except yachts or non-commercial vessels of less than 200 feet operating upon the waters within the Port of New York or the Ports of New Jersey take a Sandy Hook Pilot or a docking pilot licensed under the laws of New York or New Jersey or a person heretofore licensed as a Hell Gate pilot. In the event that a Sandy Hook or docking pilot is required but refused, the master, owner or consignee shall pay fees as if one had been employed. It shall also be unlawful for any person not licensed as a Sandy Hook or docking pilot to dock or undock, or conduct in-harbor movements of such vessels in the Ports or for any master or person on board a tug or towboat to tow such vessels without engaging the services of a Sandy Hook or docking pilot. A violation of the above provisions shall be a misdemeanor punishable by a fine not exceeding 55,000 or by imprisonment not exceeding 60 days and any person employing an unlicensed pilot shall be subject to a fine of 55,000 to the Board of Commissioners of Pilots.

Section 3 amends the Navigation Law to add a new § 91-c establishing the procedure for the Board of Commissioners of Pilots to grant a limited license to docking pilots for the purpose of docking and undocking and conducting in-harbor movements of ships.

Applicants for such license must hold a valid first class pilot's license issued by the United States Coast Guard and have been for 2 years immediately prior to the application engaged in conducting dockings or in-harbor movements of commercial ships of at least 10,000 registered gross tons within the Ports. Alternatively, applicants may have been engaged in a training program to become a docking pilot in the Ports for not less than 6 months prior to the effective date of this section and who, prior to being granted a license hold a valid pilot's license and have been engaged in the maritime industry for a minimum of 10 years with proof of having observed 200 or more dockings or undockings and/or in-harbor movements and having performed 2 or more under supervision. Applicants with certain serious felony convictions will be disqualified from obtaining a docking pilots license.

Section 4 amends Navigation Law § 95 to authorize the commissioners to regulate the stationing of pilot boats for the purpose of putting Sandy Hook pilots aboard.

Justification

During the past several years, the Board of commissioners of Pilots of the States of New York and New Jersey have investigated, in cooperation with the U.S. Coast Guard, a number of groundings of large ships, including vessels being handled by docking pilots. This type of work, often known as vessel assist and tug escort work, has developed over time in the Port, and has been regarded as an added value safety service to ship operators, which enhances the maneuverability and control of large ships moving through restricted harbor channels and into and out of berths.

After extensive investigation and analysis, the Board has concluded that State licensure of docking pilots, which includes a criminal history check, is necessary to ensure safety and accountability. The Port of New York and New Jersey is the nation's largest port facility. It serves an international trade market which is expected to double within the next ten years. The safe navigation of large oceangoing ships to and from the Port is of paramount concern to both the maritime and public interest.

Legislative history

2008: S.5611 - Referred to Finance/A.8580 - Referred to Governmental Operations 2007: S.5611 - Referred to Finance/A.8580 - Referred to Governmental Operations 2006: S.4782 - 3rd Reading Calendar 2005: S.4782 - Referred to Veterans & Homeland Security 2004: S.1452 - Referred to Finance 2003: S.1452 - Reported to Finance

Fiscal implications

None.

Effective date

This act shall take effect immediately; provided, however, that section two of this act shall take effect on the one hundred eightieth day after it shall have become a law.