State
Oregon Regulations
CHAP 856 DEPARTMENT OF TRANSPORTATION, BOARD OF MARITIME PILOTS DIVISION 10 GENERAL






The Oregon Administrative Rules contain OARs filed through July 14, 2006
 
DEPARTMENT OF TRANSPORTATION, BOARD OF MARITIME PILOTS
  
DIVISION 10

GENERAL 

856-010-0003 

Definitions

(1) "Barge" -- A general term for a heavy, flat bottomed, often rectangular vessel used to carry cargo, usually in sheltered and inland waters but also, sometimes at sea; usually pushed or towed by tug. By U.S. Government definition, barges are any non-self propelled vessels other than houseboats and dredges. 

(2) "Loaded tanker" --A tanker whose mean draft equals or exceeds 80 percent of its maximum allowable draft, or whose mean draft exceeds 30 feet.

(3) "Ocean-going vessel" -- Any ship actively engaged in carrying cargo or passengers for hire in offshore navigation between ports.

(4) "Pilot" -- An individual licensed pursuant to ORS Chapter 776 and any individual who had notified the board that the individual is in a pilot trainee status.

(5) "Pilotage" -- The act or business of piloting. Also the fee paid for a pilot's services.

(6) "Piloting" --The act of assisting the master of a vessel in navigating the vessel while it is underway on a pilotage ground.

(7) "Licensed physician" -- Means an individual who holds a degree of Doctor of Medicine or Doctor of Osteopathy and has a valid license issued by the Oregon Board of Medical Examiners.

(8) "Ship" -- A floating, decked vessel that is self-propelled and regularly carries cargo or passengers for hire or is engaged in military purposes in deep water oceanic navigation. Deep water oceanic navigation is navigation in seas beyond the territorial jurisdiction of the United States.

(9) "Ship turn" -- For purposes of OAR 856-010-0010(4), "ship turn" is defined as meaning turning a ship in the Willamette River from a generally upstream orientation to a generally downstream orientation, or from a generally downstream orientation to a generally upstream orientation, which may be made with or without the aid of a tug or towboat.

(10) "Tank barge" -- A barge with double bottoms designed to transport liquids.

(11) "Tanker" --A vessel specially constructed for carriage of bulk liquids including, but not limited to, petroleum and its products, chemicals and liquified natural gas.

(12) "Transit" -- For purposes of OAR 856-010-0010(4) a "transit" is a complete trip over part of the Columbia and Willamette River pilotage ground, with one end of the trip at Astoria and the other end at Portland or Vancouver harbor. A transit also includes any combination of trip segments between ports or anchorages, which together begin at Astoria and end at Portland or Vancouver harbor, or begin at Portland or Vancouver and end at Astoria. 

(13) "Trip" -- Any instance of travel by a vessel under the direction of a pilot as required by ORS 776.405 between two points on any of the pilotage grounds defined by ORS 776.025(1) through (4).

(14) "Tug"; "towboat"; "towing vessel" -- A strongly built, high-powered vessel of small tonnage specially designed for towing or pushing vessels or for use in berthing large ships.

(15) "Unlimited state-licensed pilot" -- An individual who holds an Oregon license to pilot a vessel without any restriction or limitation.

(16) "Upper harbor in Portland" -- That portion of the pilotage ground defined by ORS 776.025(2) lying on the Willamette River between the St. Johns Bridge and the Ross Island Bridge. 

(17) "Vessel" -- Includes every description of water craft, including nondisplacement craft, used or capable of being used as a means of transportation on water, except that, for the purposes of ORS 776.405 (1) (a), a barge is not a vessel.

(18) "Working pilot" -- An unlimited state-licensed pilot who regularly provides piloting services for compensation pursuant to the published tariff.

(19) "Pilot apprentice trainee" -- For purposes of OAR 856-010-0014, an individual who does not meet the experience requirements of OAR 856-010-0010(3) and (4), and who has been certified by the Board to enter the Apprentice Training Program. 

(20) "Pilot trainee"-- For purposes of OAR 856-010-0014 and 856-010-0018, an individual who meets the experience requirements of OAR 856-010-0010(3) and (4)(a).

Stat. Auth.: ORS 776.115
Stats. Implemented: ORS 775.405
Hist.: MP 1-1992, f. & cert. ef. 4-29-92; MP 3-1995, f. & cert. ef. 3-16-95; MP 2-1996, f. & cert. ef. 8-1-96

856-010-0005 

Meetings of the Board

(1) The board shall meet on a regular monthly basis or as often as it is necessary to conduct the business of the board, but not less than once each year. Meetings shall be called by the chair or a majority of the board members and shall be held at such time and place as specified by the chair or a majority of the board members.

(2) A special meeting of the board may be called by the chair or a majority of the board members upon 24 hours notice, in writing by letter or facsimile, or by telephone to the other members of the board. 

(3) A special meeting may be called whenever an accident of any importance such as stranding, collision, or the like, shall occur to any vessel, inward or outward bound, while in the charge of a pilot, for the purpose of making the necessary investigation into the cause of such accident.

(4) In the absence of the administrator, the chair may appoint an administrator pro tem, with consent of a majority of the members present at each meeting. 

(5) Pilots, when notified in writing by letter or facsimile, shall report in person to the board at any meeting specified in the notice.

Stat. Auth.: ORS 670 & ORS 776
Stats. Implemented: ORS 776.115
Hist.: PC 1, f. 10-29-57, ef. 7-1-57; PC 7, f. 6-13-73, ef. 7-15-73; PC 1-1980, f. & ef. 2-27-80; MP 1-1992, f. & cert. ef. 4-29-92; MP 1-1996, f. & cert. ef. 5-9-96

856-010-0007 

Fee For Copies

(1) The board, through its administrator, will make copies of the board's records and files available during the regular business hours of its office, as provided by ORS 192.410 to 192.505.

(2) The fee for copies will be $.30 per page, plus postage when mailed.

(3) The fee for copies of tapes will be $3.00 each, plus postage when mailed. Prepayment for items (2) and (3) may be required prior to mailing.

Stat. Auth.: ORS 192 & ORS 776
Stats. Implemented: ORS 192.410 - ORS 192.440
Hist.: MP 6-1983, f. & ef. 12-15-83; MP 1-1992, f. & cert. ef. 4-29-92; MP 1-1996, f. & cert. ef. 5-9-96

856-010-0009 

Training Organizations

(1) Upon application made in writing by interested organizations of pilots, the Board shall license training organizations for each pilotage ground. Every organization of pilots licensed by the Board to provide training to apprentices or pilot trainees shall satisfy the requirements of ORS 776.311(1).

(2) It shall be the obligation of each member of every organization of pilots licensed by the Board as a training organization to provide training and interact with apprentices and pilot trainees to a degree sufficient to teach skills and impart information and to evaluate performance as required by the Board.

(3) The Board shall assign apprentices and pilot trainees for training purposes to the training organizations licensed for each ground. If more than one training organization is licensed for a pilotage ground, apprentices and pilot trainees for that ground shall be provided training by all such organizations.

(4) Nothing in this rule requires or prohibits payment of compensation by training organizations to apprentices or pilot trainees.

(5) A training organization license issued by the Board shall be valid for one year from the date of issue. Application for renewal shall be made in writing not less than 60 days prior to expiration.

Stat. Auth.: ORS 776
Stats. Implemented: ORS 776.311
Hist.: MP 1-1996, f. & cert. ef. 5-9-96

856-010-0010

Original Licensing Requirements

In addition to the qualifications required for licensing of pilots under ORS 776, the applicant shall: 

(1) Present an application in writing to the administrator of the board on the form provided by the board for the pilotage ground for which the applicant intends to become licensed. The application shall be filed not less than 30 days prior to appearance before the board for a written examination. The board shall consider the application and upon approval, the written examination will be scheduled. The examination shall be proctored by the board's administrator. The examination for each pilotage ground shall be prepared by the board with the assistance of the board's licensed training organization for that pilotage ground. The examination will test for skill and knowledge of those factors identified in ORS 776.035(2) and 776.325(1)(b). The examination will be scored by the board member from the pilotage ground for which the applicant is seeking a license, and two additional pilots selected by the training course monitor and approved by the board, from the board's licensed training organization for the pilotage ground. The examination will be pass/fail.

(2) Accompany the application with a physical examination form provided by the Board and signed by an Oregon licensed physician verifying that the applicant meets the physical and mental criteria in subsections (a) through and including (l): 

(a) Eyesight: Has visual acuity of at least 20/200 in each eye uncorrected and correctable to at least 20/40 in each eye as determined by Snellen test or its equivalent unless applicant qualified for a waiver from the Officer in Charge, Marine Inspection, or the Commandant, U.S. Coast Guard. Vision correctable to 20/40 in each eye is sufficient to satisfy the requirements of this subsection if the applicant carries a spare pair of correcting lenses while performing piloting duties; 

(b) Color perception: Has normal color vision per pseudo isochromatic plates, Ishihara or Keystone test. If the applicant fails this test, the Farnsworth or Williams Lantern tests or their equivalent may be used to determine the applicant's ability to distinguish primary colors; 

(c) Hearing: An audiometer test is only required if the applicant has, or is suspected to have, impaired hearing. A hearing loss of over 40 decibels is considered impaired hearing; 

(d) Heart: Has no current clinical diagnosis of myocardial infarction, angina pectoris, coronary insufficiency, thrombosis, or any other cardiovascular disease of a variety known to be accompanied by syncope, dyspnea, collapse, or congestive cardiac failure;

(e) Blood pressure: Has no current clinical diagnosis of high blood pressure. Blood pressure shall be recorded with either spring or mercury column type of sphygmomanometer. If the blood pressure is consistently above 160/90 mm. Hg, further tests may be necessary to determine whether the applicant is qualified to pilot a vessel; 

(f) Has no established medical history or clinical diagnosis of diabetes mellitus currently requiring insulin for control; 

(g) Has no established medical history or clinical diagnosis of a respiratory dysfunction; 

(h) Has no established medical history or clinical diagnosis of rheumatic, arthritic, orthopedic muscular, neuromuscular, or vascular disease; 

(i) Has no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness; 

(j) Has no mental, nervous, organic, or functional disease or psychiatric disorder; 

(k) Has submitted to a test indicating the applicant is free of illegal substance abuse. Testing will be for the presence of Cocaine, Opiates, Marijuana (THC), Amphetamines and PCP (phencyclidine). Testing will be in accordance with the Department of Transportation (Coast Guard) guidelines outlined in the Code of Federal Regulations 46, CFR § 16 (1994). Urine specimens are to be analyzed by a laboratory that meets DHHS regulations set forth by the National Institute of Drug Abuse (NIDA); and 

(l) Has no current clinical diagnosis of alcoholism, unless the applicant has completed an in-patient program of rehabilitation and treatment under the care of a physician; 

(m) Based on information on the physical examination form, and any other medical information or opinions provided to the Board by the applicant, the Board will determine whether the applicant's health is satisfactory for performance of the duties of a maritime pilot. 

(3) Have actual experience as a pilot handling ships over the pilotage ground for which a state license is sought and state in the application the names of ships piloted, dates, draft, gross tonnage, and length over all, as specified in (but not limited to) (4), (5), (6) and/or (7) in this section, and: 

(a) Hold a valid license as Master endorsed for Radar Observer issued by the U.S. Coast Guard; 

(b) Hold an unlimited federal pilot's endorsement for the ground for which a state license is sought; and 

(c) Have served at least two years as Master aboard vessels, or when applying for a license over the Columbia and Willamette River pilotage ground, have completed a program of apprenticeship training which has been approved by the Board. 

(4) In addition to the requirements in OAR 856-010-0010(1), (2), (3), when applying for a Grade "C" license over the Columbia and Willamette River pilotage ground, the applicant shall: 

(a) Have served at least 730 active working days as captain of towing vessels on the Columbia River and its tributaries, or have completed a program of apprenticeship training which has been approved by the Board, as specified in OAR 856-010-0014; 

(b) Have made at least six trips under the supervision of an unlimited state-licensed pilot within six months preceding the application while on the bridge of a ship of not less than 500 feet length over-all (L.O.A.) through the bridges in the upper harbor in Portland, up to and including the Broadway Bridge, which shall be made with and without the aid of a tug or towboat, including at least one trip in each direction, and also including at least six ship turns in the Willamette River; 

(c) Have made at least 100 transits while on the bridge of a ship of not less than 500 feet L.O.A. within the six months preceding the application, with at least 70 of these transits made under the supervision of an unlimited state-licensed pilot; 

(d) When combining trip segments to establish a transit, each trip segment may be used only once; 

(e) Have made at least six trips under the supervision of an unlimited state-licensed pilot within the six months preceding the application while on the bridge of a ship of not less than 500 feet L.O.A. in a combination of the following directions, with at least two trips in each direction: 

(A) From the Willamette River, turning east (upstream) into the Columbia River; and 

(B) From the Columbia River upstream of the mouth of the Willamette River, turning south into the Willamette River. 

(f) Present recommendations from the training course monitor and at least ten unlimited state-licensed pilots from the board's licensed training organization, certifying that the applicant has demonstrated local knowledge of the pilotage ground and shiphandling skills sufficient to pilot ocean-going ships on the pilotage ground, of a size authorized by a "Grade C" license. 

(5) When applying for a license on the Coos Bay bar pilotage ground, the applicant shall: 

(a) Hold a valid license as Master endorsed for Radar Observer issued by the U.S. Coast Guard and shall have served at least two years as Master aboard vessels; 

(b) Obtain an unlimited federal pilots endorsement for the Coos Bay bar pilotage ground; 

(c) Complete one hundred (100) crossings of the Coos Bay bar while under the supervision of an unlimited state-licensed Coos Bay bar pilot, with at least ten crossings with each unlimited state-licensed Coos Bay bar pilot; 

(d) Dock and undock 25 ships under the supervision of an unlimited state-licensed pilot; 

(e) Make 25 trips through each of the bridges, with at least twenty-five percent (25%) of the total trips completed during hours of darkness; 

(f) Submit letters from two Coos Bay bar pilots who have supervised the training of the applicant, certifying that the applicant has demonstrated local knowledge of the pilotage ground and shiphandling skills sufficient to pilot ocean-going ships on the pilotage ground. 

(6) When applying for a license on the Yaquina Bay bar pilotage ground the applicant shall: 

(a) Hold a valid license as Master endorsed for Radar Observer issued by the U.S. Coast Guard and shall have served at least two years as Master aboard vessels; 

(b) Obtain an unlimited federal pilots endorsement for the Yaquina Bay bar pilotage ground; 

(c) Complete one hundred (100) crossings of the Yaquina Bay bar while under the supervision of an unlimited state-licensed Yaquina Bay bar pilot, or after completing one year of piloting with a state license in Coos Bay, the number of bar crossings at Yaquina Bay may be reduced to 12, with at least one such crossing with each unlimited state-licensed Yaquina Bay bar pilot; 

(d) Dock and undock 25 ships under the supervision of an unlimited state-licensed Yaquina Bay bar pilot, or after completing one year of piloting with a state license in Coos Bay, the number of dockings and undockings may be reduced to 12; 

(e) Make twenty-five (25) trips through the bridge, with at least twenty-five percent (25%) of the total trips completed during hours of darkness, or after completing one year of piloting with a state license in Coos Bay, the number of trips may be reduced to 12, with at least 25 percent (25%) of the total trips completed during hours of darkness; and 

(f) Submit letters from two Yaquina Bay bar pilots who have supervised training of the applicant, certifying that the applicant has demonstrated local knowledge of the pilotage ground and shiphandling skills sufficient to pilot ocean-going ships on the pilotage ground. 

(7) When applying for an original license on the Columbia River bar pilotage ground the applicant shall: 

(a) Hold a valid license issued by the U.S. Coast Guard as "Unlimited Master any oceans - any tonnage", endorsed for Radar Observer; 

(b) Have served at least two years as Master of an offshore merchant ship of 5,000 gross tons or more, certified by Certificates of Discharge or Continuous Discharge Book; 

(c) Obtain a federal pilot's endorsement for the Columbia River bar pilotage ground, after which a minimum of one hundred (100) crossings of the Columbia River bar shall be made under the supervision of an unlimited state-licensed Pilot, and make crossings with at least five unlimited state-licensed Columbia River bar pilots; 

(d) Be on board a minimum of ten ships docking or undocking from the Astoria Port Docks, Tongue Point, and other facilities; 

(e) Make approximately twenty-five percent (25%) of the crossings of the Columbia River bar during the hours of darkness. 

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 776.115
Stats. Implemented: ORS 776.115 & ORS 776.300
Hist.: PC 1, f. 10-29-57, ef. 7-1-57; PC 7, f. 6-13-73, ef. 7-15-73; MP 2-1984, f. & ef. 10-4-84; MP 3-1988, f. & cert. ef. 11-9-88; MP 1-1992, f. & cert. ef. 4-29-92; MP 3-1995, f. & cert. ef. 3-16-95; MP 1-1996, f. & cert. ef. 5-9-96; BMP 2-1999, f. & cert. ef. 6-24-99; BMP 3-2001, f. & cert. ef. 10-30-01; BMP 1-2003, f. & cert. ef. 2-26-03

856-010-0011 

Restrictions on Licenses

After receiving an original license the following restrictions shall apply:

(1) Columbia and Willamette River Grade "C" license holders shall not pilot tankers, or vessels with a draft of 38 feet or deeper.

(2) Except for Columbia River bar pilots who have a minimum of two years experience on tankers as Master or pilot, no Columbia River bar pilot shall pilot a loaded tanker during the first two years as a licensee. 

(3) Coos Bay bar pilots shall not move any ship exceeding 45,000 gross tons, or any ship with the wheelhouse forward of amidships, except during daylight hours, during the first year as a licensee.

(4) Coos Bay bar pilots shall not move loaded tankers during the first two years as a licensee.

(5) Yaquina Bay bar pilots shall not move any ship exceeding 45,000 gross tons, or any ship with the wheelhouse forward of amidships, except during daylight hours, during the first year as a licensee.

(6) Yaquina Bay bar pilots shall not move loaded tankers during the first two years as a licensee. 

(7) The Board may, upon application by the licensee, recognize any combination of master's tanker and pilot's experience to equal any time period required by this rule.

Stat. Auth.: ORS 776
Stats. Implemented: ORS 776.315
Hist.: MP 1-1992, f. & cert. ef. 4-29-92; MP 1-1996, f. & cert. ef. 5-9-96

856-010-0012 

Degrees of Licenses for the Columbia and Willamette River Pilotage Ground 

(1) Grade "C" License: The initial license issued by the Board to a pilot for the Columbia and Willamette River pilotage ground shall only authorize the pilot to pilot vessels under 570 feet length over-all (L.O.A.).

(2) To obtain a Grade "B" License while holding a Grade "C" License: In order to obtain authority from the Board to pilot vessels between 570 feet L.O.A. and 700 feet L.O.A. on the Columbia and Willamette River pilotage ground, an applicant must meet the following requirements:

(a) Have a minimum of six months service on the pilotage ground;

(b) Have made a minimum of 30 transits on the pilotage ground piloting ships of between 300 and 570 feet L.O.A.;

(c) Have made a minimum of 30 transits on the pilotage ground on ships greater than 570 feet L.O.A. under the supervision of a minimum of ten different pilots, with not less than five years experience while holding unlimited state licenses for the pilotage ground. The training course monitor and a minimum of ten different pilots from the Board's licensed training organization holding unlimited or Grade "A" state licenses, must have certified to the Board that, in their opinion, the applicant has sufficient local knowledge and shiphandling skills to pilot vessels between 570 feet L.O.A. and 700 feet L.O.A. on the pilotage ground;

(d) The requirements specified in subsections (b) and (c) of this section must have been met during the six months preceding application for authority to pilot vessels between 570 feet L.O.A. and 700 feet L.O.A.; and

(e) When the foregoing requirements are met, the Board shall issue a license to the applicant authorizing the applicant to pilot vessels which are less than 700 feet L.O.A., except that the applicant shall not pilot tankers, or vessels with a draft of 38 feet or deeper, on the pilotage ground.

(3) To obtain a Grade "A" License while holding a Grade "B" License: In order to obtain authority from the Board to pilot vessels between 700 feet L.O.A. and 800 feet L.O.A. on the Columbia and Willamette River pilotage ground, an applicant must meet the following requirements:

(a) Have a minimum of six months service on the pilotage ground;

(b) Have made a minimum of 30 transits on the pilotage ground piloting ships of between 300 and 700 feet L.O.A. as a state-licensed pilot;

(c) Have made a minimum of 15 transits on the pilotage ground on ships greater than 700 feet L.O.A. while under the supervision of at least ten different pilots holding unlimited state licenses for the pilotage ground. The training course monitor and a minimum of ten pilots from the board's licensed training organization who supervised the applicant's training transits must have certified to the board that, in their opinion, the applicant has sufficient local knowledge and shiphandling skills to pilot vessels between 700 feet L.O.A. and 800 feet L.O.A. on the pilotage ground;

(d) The requirements specified in subsections (b) and (c) of this section must have been met during the six months preceding application for authority to pilot vessels between 700 feet L.O.A. and 800 feet L.O.A.; and

(e) When the foregoing requirements are met, the Board shall issue a license to the applicant authorizing the applicant to pilot vessels which are less than 800 feet L.O.A. on the pilotage ground, except that the applicant shall not pilot tankers, or vessels with a draft of 38 feet or deeper.

(4) To obtain an Unlimited License while holding a Grade "A" License: In order to obtain authority from the Board to pilot vessels on the Columbia and Willamette River pilotage ground without any limitation on the length and draft of the vessels, including tankers and vessels with a draft of 38 feet or deeper, an applicant must meet the following requirements:

(a) Have a minimum of six months service on the pilotage ground;

(b) Have made a minimum of 30 transits on the pilotage ground on ships of between 300 and 800 feet L.O.A. These transits must be made during the six months preceding application for an unlimited license;

(c) Have made a minimum of ten transits on the pilotage ground on ships greater than 800 feet L.O.A. while under the supervision of ten different pilots holding unlimited state licenses for the pilotage ground, and the pilots who supervised these transits, shall have not less than five years experience as unlimited state licensed pilots. The training course monitor and a minimum of ten pilots from the board's licensed training organization who supervised the applicant's training transits must certify to the board that, in their opinion, the applicant has sufficient local knowledge and shiphandling skills to pilot vessels greater than 800 feet L.O.A. on the pilotage ground. The transits on ships greater than 800 feet L.O.A. must be made while the applicant is a state-licensed pilot for the pilotage ground;

(d) Have made a minimum of 12 transits on the pilotage ground on tankers (including at least nine transits on loaded tankers) while holding a Grade "B" License or a Grade "A" License and while under the supervision of at least six different state-licensed pilots who have held an unlimited state license on the pilotage ground for a minimum of five years; 

(e) The training course monitor and a minimum of six pilots from the board's licensed training organization who supervised the applicant's training transits on tankers, shall certify to the Board that, in their opinion, the applicant has sufficient local knowledge and shiphandling skills to pilot tankers on the pilotage ground and understands the risks and hazards peculiar to piloting tankers on the pilotage ground;

(f) Have made a minimum of twelve transits on the pilotage ground on ships with draft greater than 38 feet while holding a Grade "B" License or a Grade "A" License and while under the supervision of at least six different state-licensed pilots who have held an unlimited state license on the pilotage ground for a minimum of five years. The training course monitor and a minimum of six pilots from the board's licensed training organization who supervised these transits must have certified to the Board that, in their opinion, the applicant has sufficient local knowledge and shiphandling skills to pilot vessels of draft greater than 38 feet;

(g) When the foregoing requirements are met, the Board shall issue an unlimited license to the applicant authorizing the applicant to pilot vessels of any length and draft, including tankers, on the pilotage ground.

(5) Each grade of license will be valid for one year. No license except an unlimited license may be renewed.

Stat. Auth.: ORS 776
Stats. Implemented: ORS 776.315
Hist.: MP 2-1985, f. & ef. 6-7-85; MP 3-1988, f. & cert. ef. 11-9-88; MP 1-1992, f. & cert. ef. 4-29-92; BMP 3-2001, f. & cert. ef. 10-30-01; BMP 1-2005, f. & cert. ef. 11-29-05

856-010-0013 

Grounds for Denying Original License Application 

The Board may deny an application for a pilot's license, if the Board finds, after notice and hearing, that:

(1) The applicant fails to meet any one or all of the requirements of the physical examination as specified in OAR 856-010-0010 and/or the physical health of the applicant is such that the applicant is not physically capable of competently exercising the license privilege and performing the work involved without creating an unreasonable risk of harm to the applicant or to the person or property of others.

(2) The mental or emotional health of an applicant is such that the applicant is not competent to exercise the license privilege and is unable to perform the work involved without creating an unreasonable risk of harm to the applicant or to the person or property of others.

(3) The applicant has committed a criminal act, the facts and circumstances of which bear a demonstrable relationship to the exercise of the license privilege. Conviction of a crime is not required to deny an application under this provision.

(4) The applicant uses or has used alcohol, drugs, or any other substance in such a manner as to impair the applicant's physical or mental ability to exercise the license privilege without creating an unreasonable risk of harm to the applicant or the person or property of others.

(5) The applicant has engaged in conduct involving dishonesty or misrepresentation, the facts and circumstances of which bear a demonstrable relationship to the exercise of the license privilege. 

(6) The applicant has failed to fulfill all the minimum requirements as stated in ORS Chapter 776 and OAR Chapter 856.

(7) The applicant has been convicted of drug or alcohol offense in the past five years, the facts and circumstances of which bear a demonstrable relationship to the exercise of the license privilege.

Stat. Auth.: ORS 776
Stats. Implemented: ORS 776.115 & ORS 776.325
Hist.: MP 3-1988, f. & cert. ef. 11-9-88; MP 1-1992, f. & cert. ef. 4-29-92

856-010-0014

Apprentice Training Program 

(1) Application for a Certificate as a Pilot Apprentice Trainee for the Columbia and Willamette River pilotage shall be made on a form provided by the Board.

(2) The Board of Maritime Pilots shall certify from among the eligible applicants the best qualified individual or individuals for apprenticeship. Selection shall be in accordance with selection criteria procedures, based upon numerical ranking, promulgated by the Board of Maritime Pilots.

(3) No more than two apprentices shall be in the apprenticeship training program at any time. The Board shall accept new apprentices into training at intervals of two years or longer.

(4) Numerical ranking of apprentice applicants shall be based upon a 100 point system, with points for each of the following categories:

(a) Academic: Completion of a four-year course of study at an accredited college or university or maritime academy will be awarded five points and receipt of a graduate degree will be awarded 10 points. An applicant's college grade point average on a 4.0 scale shall be multiplied by a factor of 1.25. The maximum total points under this section is 15.

(b) Previous Maritime Experience: Applicants shall be awarded points up to a maximum of 35 based on federal licensure and other evidence of experience as follows:

(A) Master of Towing Vessels (Inland Waterways): 2 per year (25 maximum).

(B) Master of Towing Vessels (Ocean): 1 per year (25 maximum).

(C) Master, Vessels Greater Than 1,600 Tons: 2 per year (25 maximum).

(D) Master, Vessels 1,600 Tons or Less: 1 per year (25 maximum).

(E) Chief, Second or Third Mate on Vessels Greater Than 1,600 Tons or Deckhand Experience on Towboats on Inland Waters: 1/2 (.5) per year.

(F) First Class Pilot Endorsement for Columbia and Willamette River, Astoria to Portland/Vancouver: 10.

(G) First Class Pilot Endorsement for Any Other U.S. Inland Waterway: 5.

(c) Interview: Every applicant shall be interviewed by the Board of Maritime Pilots. Each person interviewed shall be assigned from 0 to 25 points based upon objective scoring guidelines published by the Board of Maritime Pilots.

(5) The apprentice candidate with the highest point total in excess of 50 points shall be awarded a Certificate of Apprenticeship by the Board and enter the apprentice training program. Said Certificate shall terminate upon satisfactory completion of the apprentice training program or upon the termination of the apprentice for cause or resignation. Only apprentice candidates who receive more than 50 points will be considered for apprenticeship training.

(6) Training and qualification of pilot apprentices are subject to the following provisions:

(a) The term of apprenticeship for every pilot apprentice trainee shall be a minimum of three years.

(b) The apprentice training and qualification program shall include the satisfactory completion of an Apprentice Training Course approved by the Board of Maritime Pilots. The apprentice training and qualification program shall consist of both the approved Apprentice Training Course and the term of apprentice training.

(c) Satisfactory completion of the Apprentice Training Course, as approved by the Board of Maritime Pilots, requires that the pilot apprentice trainee must have satisfactorily completed the following training activities:

(A) 750 vessel movements between Astoria and Portland or Vancouver under the supervision of state licensed pilots; and

(B) 250 vessel movements under the supervision of state licensed pilots between any two points on the pilotage grounds selected by the Course Monitor based upon his or her evaluation of the pilot apprentice trainee's skills and training needs. Assignments under this subsection may include, but are not necessarily limited to, transits between Astoria and Portland or Vancouver.

(C) Up to 30 days per year of additional industry related training that the Course Monitor, in his or her discretion, may assign based upon the Course Monitor's evaluation of the pilot apprentice trainee's skills and training needs, and which may include courses in bridge resource management for pilots, advanced radar plotting aids and simulated emergency shiphandling.

(d) In order to satisfactorily complete this training course, every apprentice must ride with a majority of the pilots, on every route, day and night, ebb and flood tides, and on every size category of vessel calling at the port. The curriculum of the approved course requires that apprentices learn to direct the movement of vessels, apply the proper rules of the nautical road and other maritime procedures, and interface and coordinate with other affected vessels and facilities. 

(e) During each vessel movement to which the apprentice is assigned, the apprentice shall accompany the licensed pilot assigned to the vessel. The licensed pilot serves as the expert-master and interacts with the apprentice in observational and mastery learning process. The licensed pilot is obligated to interact with the apprentice to a degree sufficient to teach skills and impart information and to assess the apprentice's progress during periods of "hands on" piloting by the apprentice under supervision by the pilot.

(f) The progress of every apprentice must be marked semi-annually during his or her term of apprentice training by the pilots with whom he or she has received instruction in the areas of: procedures, skillfulness, communications, and attitude.

(g) Every apprentice must receive satisfactory grades from the majority of the pilots during each semiannual progress report period. A 3.2 grade point average on a 4.0 scale, in every area of grading, is required as the minimal satisfactory grade. This minimal grade shall be obtained during the final progress report period in order for an apprentice to receive a certificate that he or she has satisfactorily completed this training course. The Course Monitor shall semiannually advise each apprentice regarding his or her progress and shall also advise the Board of Maritime Pilots.

(h) Failure to receive satisfactory grades during the Apprentice Training Course can result in the termination of the apprentice training program for any apprentice at any point in the program by the Board of Maritime Pilots.

(i) The discovery that any apprentice fails to satisfy the physical requirements for federal licensure shall be just cause for the termination of any such apprentice, without regard to the grades received in the Apprentice Training Course.

(j) Upon satisfactory completion of the approved Apprentice Training Course, the apprentice will be awarded a Certificate of Completion by the designated Course Monitor.

(7) Satisfactory completion of the Apprentice Training Program requires that the apprentice obtain a federal First Class Pilot license for the grounds from Astoria to Portland and Vancouver. However, any federal licensure as a federal First Class Pilot obtained by any apprentice before the completion of the apprenticeship training and qualification program shall not terminate nor shorten the three-year minimum term of apprentice training.

(8) No person shall represent himself or herself as an apprentice unless he or she has been approved and certified as an apprentice by the Board of Maritime Pilots. No pilot shall be required to train any uncertified person on board any vessel subject to the jurisdiction of the Board of Maritime Pilots. Any uncertified person posing as an apprentice aboard any vessel subject to the jurisdiction of the Board of Maritime Pilots shall be considered in violation of ORS 776.405

(9) Upon the successful completion of the minimum three year apprenticeship training and qualification program, including certification by the Course Monitor of satisfactory completion of the Apprentice Training Course, the pilots shall provide the Board of Maritime Pilots with the name and complete training record of every successful apprentice along with their recommendations regarding his or her prospective licensure by the Board.

(10) Nothing shall prohibit the Board of Maritime Pilots from periodically reviewing the progress of any apprentice undergoing training, and reviewing the progress reports on every apprentice that have been submitted by the pilots.

(11) Every person who successfully completes the Apprenticeship Training Course shall begin the regular pilot training program for Class C, Class B, Class A and Unlimited licenses, upon the opening of a position by either the anticipated retirement or resignation of a licensed pilot, or the Board-approved increase in the number of pilots.

(12) If no person has successfully completed the Apprenticeship Training Course at the time a need for a pilot trainee arises, then the Board shall appoint a person who meets the requirements of OAR 856-010-0010(2) and (4)(a), and who has been selected by the Board from qualified applicants pursuant to procedures and criteria set forth in subsections (13), (14) and (15) below. 

(13) Applicants for trainee positions under subsection (12) above must submit their applications to the Board of Maritime Pilots on forms provided by the Board. When the board determines that a need for a trainee pursuant to subsection (12) exists, it shall select from among the eligible applicants the best qualified for training. Selection shall be based upon numerical ranking according to the point system set forth in subsection (14) below.

(14) Applicants for trainee positions under subsection (12) above shall be ranked based upon a point system, with points awarded for each of the following categories:

(a) Academic: Graduation from high school or equivalent certification: 10 points. Two or more years at an accredited college or university: 5 points. Post-graduate or professional degree: 5 points. Completion of a four-year course of study at an accredited maritime academy: 15 points. Maximum total points under this section is 25.

(b) Previous Maritime Experience and Licensure: First Class Pilot License from Tansey point, Oregon to Ryan Point, Washington on the Columbia River, and from Kelley Point, Oregon to the Ross Island Bridge on the Willamette River: 25 points. Federal pilotage endorsement on the Columbia River from Vancouver, Washington to Pasco, Washington: 5 points. Federal unlimited radar observer endorsement: 5 points. 1,460 or more active working days as master of towing vessels on the Columbia River and tributaries: 5 points. Additional certified training in each of the following categories: Bridge Resource Management, Emergency Medical Training, Hazardous Materials, Marine Firefighting, Oil Spill Control: 1 point each, up to a maximum of 5 points. Maximum total points under this section is 45.

(c) Interview: Every applicant with a combined point total of 50 or more from points awarded under subsections (14)(a) and (14)(b), shall be interviewed by three or more members of the Board, provided at least one member is a public member, one member is a pilot member, and one member is a member engaged in the activities of a company that operates commercial ocean-going vessels. Each person interviewed shall be assigned from 0 to 35 points based on the interviewee's poise and confidence, potential as an asset to the pilotage system, recommendations from within the maritime community, knowledge of trade and commerce on the Columbia River System, and such other factors as may be deemed relevant by the Board. 

(15) Notwithstanding paragraphs (13) and (14) above, the Board may, prior to December 31, 1999, select for licensing as a trainee a person with at least 730 active working days' experience as captain of towing vessels of which at least 25 were on the Columbia River and its tributaries and who has held a license issued by the State of Oregon for the Coos Bay Bar pilotage ground for at least ten years with at least 250 transits through the bridges of Coos Bay as a state licensed pilot and piloting experience docking or undocking at least 500 ships.

(16) Trainees selected by the Board shall be free to join the organization of pilots of their choosing upon completion of their training. No trainee may join an organization of pilots until after training is complete, except that trainees may associate with an organization of pilots on a provisional, temporary basis that ends upon receipt of an unlimited state pilot's license. Any such provisional, temporary association between trainees and organizations of pilots shall not obligate the trainee to join any particular organization of pilots after training is complete.

Stat. Auth.: ORS 776.115
Stats. Implemented: ORS 776.115 & ORS 776.300
Hist.: MP 3-1995, f. & cert. ef. 3-16-95; MP 4-1995, f. & cert. ef. 8-16-95; BMP 1-1998, f. & cert. ef. 6-15-98; BMP 1-1999, f. & cert. ef. 2-19-99; BMP 1-2002, f. & cert. ef. 8-29-02

856-010-0015 

Renewal of License

(1) Application for renewal of license shall be made on a form provided by the board, signed by the applicant, accompanied by the physical examination form provided by the board and presented to the administrator of the board at least thirty (30) days prior to expiration of license.

(2) All state-licensed pilots shall be required to have an annual physical examination by an Oregon licensed physician within sixty (60) days prior to expiration of their license, the physical requirements for which are the same as for the original license as specified in OAR 856-010-0010(2), except for drug testing. 

(3) All state-licensed pilots shall, within six months of renewal, submit to a test indicating licensee is free of illegal substance abuse. Testing will be for the presence of Cocaine, Opiates, Marijuana (THC), Amphetamines and PCP (phencyclidine). Testing will be in accordance with the Department of Transportation (Coast Guard) guidelines outlined in the Code of Federal Regulations 46, CFR § 16 (1994). Urine specimens are to be analyzed by a laboratory that meets DHHS regulations set forth by the National Institute of Drug Abuse (NIDA); or provide proof to the board that licensee is participating in a US Coast Guard approved random drug testing program;

(4) All applicants for renewal of licenses shall submit a photocopy of their currently applicable United States government license with radar endorsement issued by the United States Coast Guard.

(5) Failure of a licensed pilot to comply with all requirements for renewal of license shall constitute the failure to submit a complete application for renewal and will result in the withholding of the renewal license. 

(6) All applications for renewal of unlimited licenses after January 1, 2001, shall certify that during the five years preceding the date of application, the applicant completed a continuing professional development course in bridge resource management for pilots. All applications for renewal of unlimited licenses after January 1, 2005, shall certify that, during the five years preceding the date of application, the applicant completed a continuing professional development course in bridge resources management for pilots, and, in addition, shall certify that, during the five years preceding the date of application, the applicant completed continuing professional development courses in manned model simulated ship handling and automatic radar plotting aids. An applicant who is unable to complete these requirements within the time allowed due to unexpected, emergency circumstances may request a waiver and the Board may, upon good cause shown, permit a license renewal for one year without these requirements being met, provided that all required certifications must be made by the applicant at the time application for renewal is made the following year.

(7) Each license issued is valid for one year and only the unlimited state license may be renewed.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 776
Stats. Implemented: ORS 776.115 & ORS 776.345
Hist.: PC 1, f. 10-29-57, ef. 7-1-57; MP 2-1984, f. & ef. 10-4-84; MP 3-1988, f. & cert. ef. 11-9-88; MP 1-1992, f. & cert. ef. 4-29-92; MP 1-1995, f. & cert. ef. 5-9-96; BMOP 1-2000, f. & cert. ef. 12-6-00

856-010-0016 

License Fees

The annual license fee for pilots shall be $1,500.

Stat. Auth.: ORS 776
Stats. Implemented: ORS 776.355
Hist.: MP 1-1991(Temp), f. 6-19-91, cert. ef. 7-1-91; MP 2-1991, f. & cert. ef. 12-27-91; MP 3-1992(Temp), f. 6-26-92, cert. ef. 7-1-92; MP 4-1992, f. 11-13-92, cert. ef. 12-28-92

856-010-0017 

Reduced License Fees 

Individuals licensed by this Board as pilots for Yaquina Bay bar pilotage ground, who anticipate less than full-time employment as pilots, may pay a reduced annual license fee of $50. 

Stat. Auth.: ORS 776
Stats. Implemented: ORS 776.355
Hist.: MP 4-1983, f. & ef. 12-15-83; MP 1-1992, f. & cert. ef. 4-29-92

856-010-0018 

Pilot Trainee Selection -- Columbia River Bar Pilots

(1) Applicants for the Columbia River Bar shall submit applications to the Board of Maritime pilots on application forms provided by the Board.

(2) At such times as vacancies may be forecast or occur within the register of pilots, the Board of Maritime Pilots shall certify from among the eligible applicants the best qualified individual or individuals for training. Selection shall be in accordance with selection criteria procedures, based upon numerical ranking, promulgated by the Board of Maritime Pilots. No agency shall require the selection of more trainees than needed to fill projected vacancies.

(3) Numerical ranking shall be based upon a point system, with points for each of the following categories:

(a) Previous maritime experience: The Board of Maritime Pilots shall award points to applicants based upon their federal licensure as follows, with a maximum of 75 points:

(A) Master, Oceans, any gross tons -- 2 years experience: 21; 4 years experience: 1 additional; 7 years experience: 2 additional;

(B) One or More Federal Pilotage Endorsements: 1;

(C) Proof of Pilotage on an Endorsement: 1;

(D) Ship Handling Simulator Course: 1.

(b) Interview: Every applicant shall be interviewed by the Board of Maritime Pilots. Each person interviewed shall be assigned from 0 to 25 points based upon objective scoring guidelines published by the Board of Maritime Pilots.

(4) The name of the highest numerically ranked applicant will be submitted to the Board of Maritime Pilots, along with the names of the next three highest-ranked applicants in order of their rank.

(5) The Board of Maritime Pilots shall authorize each applicant approved to train for state licensure on the Columbia River Bar pursuant to OAR 856-010-0010(7).

Stat. Auth.: ORS 776
Stats. Implemented: ORS 776.115
Hist.: MP 3-1995, f. & cert. ef. 3-16-95; BMP 1-2002, f. & cert. ef. 8-29-02

856-010-0019 

Surety Bond or Deposit

(1) Each pilot licensed by the Board or on file with the Board as an individual in pilot trainee status shall file with the Board a surety bond in the amount of $250 in the form provided in this rule and underwritten by a surety company authorized to do business in Oregon.

(2) In lieu of the surety bond, a pilot may deposit $250 in cash or cashier's check with the Board as surety of the pilot's obligation under ORS Chapter 776. The Board shall deposit the funds according to the regulations of the state treasurer. 

(3) If a pilot fails to pay the sum of $250 into the court in which a suit or action alleging negligence by the pilot has been filed, as required by ORS Chapter 776, the Board shall upon demand make such payment from the funds on deposit, if the pilot has elected such deposit in lieu of presentation of a bond.

(4) Failure to present a bond or maintain on deposit a sum of $250 as surety shall be grounds for revocation of a pilot's license.

(5) When a pilot surrenders his/her license to the Board, and if no suits or actions are pending against the pilot, the Board shall return the bond or the cash deposit upon receipt of the pilot's written request.

(6) Upon expiration of the pilot's license and if no suits or actions are pending against the pilot, the Board shall return the bond or the cash deposit upon receipt of the pilot's written request.

(7) An acceptable form of a bond is hereby made a part of this rule as shown in Appendix 1. Copies of the bond may be obtained from the administrator of the Board.

[ED. NOTE: Appendices referenced in this rule are available from the Board]

Stat. Auth.: ORS 776
Stats. Implemented: ORS 776.540
Hist.: MP 1-1983(Temp), f. & ef. 10-5-83; MP 3-1983, f. & ef. 12-15-83; MP 1-1984, f. & ef. 4-5-84; MP 3-1988, f. & cert. ef. 11-9-88; MP 1-1996, f. & cert. ef. 5-9-96 

856-010-0020 

Incident Reports; Duties to Report 

(1) An incident defined as:

(a) An accidental grounding;

(b) An intentional grounding which creates a hazard to navigation, the environment or to the safety of the vessel;

(c) An unintended collision or allision with any object;

(d) Loss of life related to the operation of the vessel;

(e) Serious physical injury related to the operation of the vessel;

(f) Any occurrence resulting in damage to the vessel or other property which may reasonably be expected to be in excess of $10,000, excluding the cost of salvage, cleaning, gas-freeing, drydocking or demurrage; or

(g) Any boarding or unboarding occurrence which places the licensee in peril.

(2) If any incident occurs on a vessel while a licensee or trainee is engaged in the provision of pilotage service for such vessel, the licensee or trainee providing such pilotage service shall file a written report of the incident with the Board. The report shall be filed by the close of business on the fifth calendar day following the incident or within five calendar days after the date upon which the licensee or trainee first became aware of the incident, whichever is later. The report shall be on a form provided by the Board. The report shall include, but not be limited to, the date, time and location of the incident, a detailed narrative description of the nature of the incident and, to the extent known by the licensee or trainee, the cause of the incident and the names and addresses of the witnesses to the incident. In the case of an incident involving loss of life or serious physical injury, the licensee shall immediately notify the Board of the incident.

(3) Any licensee who has reasonable grounds to believe that an incident has occurred and that such incident has not been reported to the Board, shall contact the Board and determine whether a report of the incident has been filed with the Board. If a report of the incident has been filed with the Board, the licensee making the inquiry shall have no further reporting responsibility. If no report of the incident has been filed, the inquiring licensee shall make a written report to the Board regarding the suspected incident. This report, which may be in any reasonable form, shall include a brief statement containing such information about the suspected incident as is known to the reporting licensee. After filing this report, the reporting licensee shall have no further reporting responsibility.

(4) Any person may file a complaint with the board regarding any suspected violation by Board licensees of the statutes and rules regarding pilotage.

(5) Upon receipt of an incident report filed by an involved licensee or by another licensee or upon receipt of a complaint from any person, the board shall conduct an investigation. The Board, on its own initiative, may conduct an investigation involving any matter within its jurisdiction.

(6) Upon receipt of an incident report from another licensee regarding a licensee of the board or upon receipt of a complaint regarding a licensee of the Board, the Board shall provide the involved licensee with a copy of the report or complaint. When the involved licensee receives from the Board a copy of an incident report filed by another licensee or a copy of a complaint filed with the Board, the involved licensee shall provide the Board with a written statement that includes, but is not limited to, a detailed narrative explanation of the occurrence and a detailed response to the statements in the report. The written statement required by the involved licensee shall be filed with the Board at the close of business on the fifth calendar day following receipt of the report from the Board.

Stat. Auth.: ORS 776
Stats. Implemented: ORS 776.115 & ORS 776.118
Hist.: PC 1, f. 10-29-57, ef. 7-1-57; MP 2-1984, f. & ef. 10-4-84; MP 1-1992, f. & cert. ef. 4-29-92; MP 2-1995, f. & cert. ef. 1-24-95

856-010-0025 

Failure to Report 

The license of any pilot who fails, neglects, or refuses to report to the Board, or U.S. Coast Guard, as required by these rules for a period of ten days after the date required may be suspended; and if the pilot fails to report for a period of 30 days, the pilot will be suspended until the pilot has satisfactorily responded to the Board.

Stat. Auth.: ORS 776
Stats. Implemented: ORS 776.115
Hist.: PC 1, f. 10-29-57, ef. 7-1-57; MP 2-1984, f. & ef. 10-4-84; MP 1-1992, f. & cert. ef. 4-29-92

856-010-0026 

Pilot Trainee Selection - Coos Bay Bar and Yaquina Bay Bar Pilotage Grounds 

(1) Applicants for trainee positions must submit their applications to the Board of Maritime Pilots on forms provided by the Board. When the Board determines that a need for a trainee exists, it shall select from among the eligible applicants the best qualified for training. Selection must be based upon numerical ranking according to the point system set forth below. The person selected shall be appointed for training on both pilotage grounds. 

(2) Applicants for trainee positions shall be ranked based upon a point system, with points awarded for each of the following categories: 

(a) Academic: Graduation from high school or equivalent certification: 10 points. Two or more years at an accredited college or university: 5 points. Post-graduate or professional degree: 5 points. Completion of a four-year course of study at an accredited maritime academy: 10 points. Maximum total points under this section is 25. 

(b) Previous Maritime Experience and Licensure: Federal First Class Pilot License for the Coos Bay Bar or the Yaquina Bay Bar: 10 points. Federal unlimited radar observer endorsement: 5 points. 1,460 or more active working days as master of towing vessels: 20 points. 1,460 or more working days as master of vessels greater than 1600 gross tons: 10 points. 50 or more crossings of the Coos Bay or Yaquina Bay Bar as master of towing vessels or master of vessels greater than 1600 gross tons: 20 points. Unlimited state pilot license for a pilotage ground other than Coos Bay Bar or Yaquina Bay Bar: 10 points. Additional certified training in each of the following categories: Bridge Resource Management, Emergency Medical Training, Hazardous Materials, Marine Firefighting, Oil Spill Control: 1 point each, up to a maximum of 5 points. Maximum total points under this section is 55. 

(c) Interview: Every applicant with a combined point total of 35 or more from points awarded under subsections (a) and (b) shall be interviewed by three or more members of the Board, provided at least one member is a public member, one member is a pilot member from the Coos Bay Bar or Yaquina Bay Bar Pilotage Ground, and one member is a member engaged in the activities of a company that operates commercial ocean-going vessels. Each person interviewed shall be assigned from 0 to 35 points based on the interviewee's poise and confidence, potential as an asset to the pilotage system, recommendations from within the maritime community, knowledge of trade and commerce, and such other factors as may be deemed relevant by the Board. 

Stat. Auth.: ORS 776 
Stats. Implemented: ORS 776.115, 776.300 
Hist.: BMP 1-2006, f. & cert. ef. 1-30-06 

856-010-0028 

Pilot Exchanges

(1) The recommended area for the exchange between the Bar Pilots and River Pilots is upstream of River Mile 15. Failure to complete the exchange at the recommended location will not, by itself, subject a pilot to discipline by the Board, but in the event of an incident in which it is determined that the exchange took place downstream of River Mile 15, the burden will be on the transferee pilot to show that the place of the exchange was not a contributing factor to the incident. For purposes of this section, pilot "exchange" occurs when the transferor pilot relinquishes the conn and the transferee pilot takes the conn of the vessel.

(2) A pilot exchange shall not be completed until the transferor pilot has communicated all information that is, in the opinion of the transferor pilot, necessary for the transferee pilot to continue with the safe navigation of the vessel, and the transferee pilot shall not accept the conn until satisfied that he or she has received sufficient information to continue with the safe navigation of the vessel.

(3) As soon as practicable after boarding a vessel, the pilot shall conduct an information exchange with the vessel's master or other officer apparently in charge. The information exchange shall address those subjects that are, in the pilot's opinion, necessary for safe navigation of the vessel.

Stat. Auth.: ORS 776
Stats. Implemented: ORS 776.115
Hist.: BMP 2-2003, f. & cert. ef. 3-21-03

856-010-0035 

Disciplinary Actions 

(1) Absence from Pilotage Grounds. A pilot must request in writing to the Board on the form provided by the Board permission to be absent from the pilotage ground for a period of more than sixty days. The Board will discipline any pilot who is absent from the pilotage ground for a period of more than 60 days without permission of the Board. A pilot who has been granted permission to be absent from piloting duties for a period of more than 60 days shall, at the end of 180 days, reapply in writing for an extension or shall return to duty. The pilot must notify the Board in writing, ten days prior to returning to the pilotage ground, of the pilot's intention to return to duty. A pilot who has been absent with permission from piloting duties for more than 180 days shall notify the Board in writing on the form provided by the Board of the pilot's intention to return to the pilotage ground and will be required to make as many trips under the supervision of an unlimited state-licensed pilot as the Board determines are necessary to refamiliarize the pilot with the pilotage ground.

(2) Suspension or Revocation of Federal License. The state license of any pilot whose federal license is suspended or revoked shall be subject to suspension or revocation for the same period. The state license shall be reinstated upon restoration of the federal license. The pilot so affected may apply to the Board for a review of the case while under suspension. If the review of the case shows that circumstances warrant modification of the pilot's suspended status, the Board may order the pilot's state license restored, or it may take any other appropriate action.

(3) Upon suspension, revocation or other disciplinary action taken by the Board against a state-licensed pilot, the U.S. Coast Guard shall be notified by the Board in writing within 24 hours.

(4) Pilots shall not refuse to provide pilotage service unless necessary for their own or public safety. If a representative of the vessel requesting piloting service contests a pilot's determination concerning safety, then, the vessel's representative may seek a determination by the Board.

(5) Other Causes for Discipline. See the following administrative rules for other causes for discipline of licensee:

(a) OAR 856-010-0015, failure to comply with requirements for renewal;

(b) OAR 856-010-0019, failure to present surety bond or deposit;

(c) OAR 856-010-0025, failure to report incident to Board;

(d) OAR 856-010-0025, failure to report incident to U.S. Coast Guard;

(e) OAR 856-010-0035, refusal to provide pilotage service;

(f) OAR 856-010-0045, grounds for pilot discipline.

Stat. Auth.: ORS 776
Stats. Implemented: ORS 776.115
Hist.: PC 1, f. 10-29-57, ef. 7-1-57; MP 5-1983, f. & ef. 12-15-83: MP 2-1984, f. & ef. 10-4-84; MP 3-1988, f. & cert. ef. 11-9-88; MP 1-1992, f. & cert. ef. 4-29-92; MP 1-1997(Temp), f. & cert. ef. 9-30-97

856-010-0045 

Grounds for Pilot Discipline

The board may revoke or suspend a pilot's license, impose on the pilot a civil penalty of not more than $250 for each offense, or issue the pilot a written reprimand if the board finds, after notice and hearing, that:

(1) The physical health of a pilot is such that the pilot is not physically capable of competently exercising the license privilege and performing the work involved without creating an unreasonable risk of harm to the pilot or to the person or property of others.

(2) The mental or emotional health of a pilot is such that the pilot is not competent to exercise the license privilege and is unable to perform the work involved without creating an unreasonable risk of harm to the pilot or to the person or property of others.

(3) The pilot has committed a criminal act, the facts and circumstances of which bear a demonstrable relationship to the exercise of the license privilege. Conviction of a crime is not required to discipline a pilot under this provision. 

(4) The pilot uses or has used alcohol, drugs, or any other substance in such a manner as to impair the pilot's physical or mental ability to exercise the license privilege without creating an unreasonable risk of harm to the pilot or the person or property of others. 

(5) The pilot has failed to make a timely report to the board as required by these rules. 

(6) The pilot when summoned to testify before the board has failed to appear before the board, or has failed to answer under oath any question touching on any matter connected with the pilot's service or the pilotage ground over which the pilot is licensed as a pilot. 

(7) The pilot has been absent from the pilotage ground for a period of sixty (60) days without the express permission of the board.

(8) The pilot's federal license has been suspended or revoked.

(9) The pilot has engaged in conduct involving dishonesty or misrepresentation, the facts and circumstances of which bear a demonstrable relationship to the exercise of the license privilege. 

(10) The pilot has failed to exercise the license privilege competently or diligently. 

(11) The pilot has violated any provision of ORS 776.015 through 776.991 or any rule of the Board. 

(12) The pilot has failed to post or maintain a surety bond or cash deposit. 

(13) The pilot has failed to obey a directive issued by an officer of the United States Customs Service, the United States Coast Guard or other law enforcement agency when such a directive could have been complied with safely.

(14) The pilot or trainee has failed to comply with the provisions of an agreement in lieu of discipline, entered into pursuant to OAR 856-010-0048.

Stat. Auth.: ORS 776
Stats. Implemented: ORS 776.116 & ORS 776.325
Hist.: MP 1-1988(Temp), f. & cert. ef. 2-5-88; MP 2-1988, f. & cert. ef. 5-4-88; MP 1-1992, f. & cert. ef. 4-29-92; MP 1-1996, f. & cert. ef. 5-9-96; BMP 2-2001, f. & cert. ef. 5-21-01

856-010-0047 

Disciplinary Sanctions

(1) Upon determination by the Board that a pilot is subject to discipline under OAR 856-010-0045, the Board may consider the following factors in determining the appropriate sanction to be imposed:

(a) The nature of the violation;

(b) The facts and circumstances of the violation;

(c) The mental state of the pilot in committing the violation, e.g., whether the violation was intended or unintended;

(d) The extent of the harm or injury caused by the violation or the potential for harm or injury;

(e) Any aggravating or mitigating circumstances.

(2) The Board may consider the following factors as aggravating circumstances when imposing a disciplinary sanction:

(a) Prior disciplinary actions;

(b) Dishonest or selfish motive;

(c) A series of violations;

(d) Multiple violations;

(e) Failure to cooperate with the Board in the investigation and the disciplinary proceeding;

(f) Submission of false testimony or evidence in the disciplinary proceeding;

(g) Refusal to acknowledge the wrongful nature of the misconduct;

(h) Substantial experience in pilotage;

(i) Indifference to making restitution;

(j) Any other aggravating circumstances.

(3) The Board may consider the following factors as mitigating circumstances when imposing a disciplinary sanction:

(a) Absence of prior disciplinary actions;

(b) Absence of a dishonest or selfish motive;

(c) Personal or emotional problems;

(d) Timely good faith efforts to make restitution or to rectify the consequences of the misconduct;

(e) Full and free disclosure to the Board in the investigation and the disciplinary proceeding;

(f) Inexperience in pilotage;

(g) Physical or mental impairment;

(h) Single act of misconduct or previous misconduct remote in time from present offense;

(i) Interim rehabilitation efforts between the time of the misconduct and Board proceeding;

(j) Imposition of other penalties or sanctions by other authorities;

(k) Remorse;

(l) Any other mitigating circumstances.

(4) The Board considers the following factors as being neither aggravating nor mitigating circumstances:

(a) Absence of complaint regarding the violation;

(b) Attempt by complainant to withdraw complaint;

(c) Forced or compelled restitution;

(d) Complainant's recommendation regarding sanction.

Stat. Auth.: ORS 776
Stats. Implemented: ORS 776.115
Hist.: MP 1-1992, f. & cert. ef. 4-29-92

856-010-0048

Preventative, Corrective or Remedial Actions

(1) Notwithstanding any other provision of its regulations, the board may enter into a written agreement with a licensee in lieu of license suspension or revocation proceedings or any other disciplinary alternative. The board may enter into an agreement pursuant to this section if, after the preliminary investigation of an incident or other occurrence is complete, it appears that the licensee, the pilotage system or the public interest will be served by preventative, corrective or remedial action. An agreement between the board and a licensee may include any preventative, corrective or remedial measures including, but not limited to:

(a) Supervised retraining trips for the licensee under the supervision of pilots from the training organization for the pilotage ground;

(b) Completion of computerized simulated ship-handling training, manned model training, radar observer training, or such other training or course work as may be appropriate under the circumstances that is in addition to continuing professional development training required of all licenses;

(c) Counseling relating to the duties and obligations of a pilot; or

(d) Issuance by the board of a letter of warning or concern to the licensee.

(2) An agreement entered into between a licensee and the board pursuant to this section shall not be considered an admission of a violation of statute or rule and the agreement shall not be considered to be a board determination of a violation of statute or rule on the part of the licensee who enters into the agreement. The preventative, corrective or remedial measures contained in such agreement and the licensee's compliance with the agreement may be considered by the board in any subsequent proceeding in which such matters are relevant.

(3) A licensee who enters into an agreement with the board must complete all requirements in the agreement within the time period specified in the agreement. Failure by the licensee to complete any agreed upon remedial or corrective measures shall constitute a separate ground for discipline pursuant to OAR 856-010-0045.

Stat. Auth.: ORS 776
Stats. Implemented: ORS 776.115
Hist.: BMP 2-2001, f. & cert. ef. 5-21-01

856-010-0050 

Pilot Organization Bylaws

Any pilot or organized group of pilots operating under the authority of ORS Chapter 776 and OAR Chapter 856 shall maintain on file with the Board a current copy of their respective group's bylaws and amendments. Hereafter, they shall file with the Board each new amendment adopted by their respective groups in order that the Board may be kept informed of pilot groups' acts and activities.

Stat. Auth.: ORS 776
Stats. Implemented: ORS 776.115
Hist.: MP 1-1992, f. & cert. ef. 4-29-92 


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