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State
California Regulations
TITLE 7. HARBORS AND NAVIGATION DIVISION 2. STATE BOARD OF PILOT COMMISSIONERS FOR THE BAYS OF SAN FRANCISCO, SAN PABLO AND SUISUN
database is current through 09/29/06, Register 2006, No. 39
s 201. Statutory Definitions.
(a) "Code" means Chapters 1 through 6 of Division 5 (commencing with Section 1100) of the Harbors and Navigation Code, as amended from time to time.
(b) "Board" means Board of Pilot Commissioners for the Bays of San Francisco, San Pablo and Suisun.

Note: Authority cited: Section 1154, Harbors and Navigation Code. Reference: Sections 1111 and 1154, Harbors and Navigation Code.



s 202. Other Definitions.
(a) "Administrative Assistant/Secretary" means the individual appointed by the Board pursuant to Section 212.
(b) "Bays of San Francisco, San Pablo and Suisun" means all the waters of those bays and of the tributaries, ports and harbors of those bays, and includes the water areas from the south end of San Francisco Bay and from the Ports of Sacramento and Stockton to the Golden Gate Bridge.
(c) "Certificate of completion" means the certificate given by the Board to a pilot trainee notifying the trainee that he or she has successfully completed the training program.
(d) "Chemical test" means a scientifically recognized test which analyzes an individual's breath, blood, urine, saliva, bodily fluids, or tissues for evidence of dangerous drug or alcohol use.
(e) "Conflict of interest code" means those provisions in Section 222 which define conflicts of interest for licensees of the Board.
(f) "Conflict of interest code of the Board" means those provisions in Section 212.5 which define conflicts of interest for designated employees of the Board.
(g) "Dangerous drug" means a narcotic drug, a controlled substance, marihuana, or a controlled-substance analogue (as defined in section 102 of the federal Comprehensive Drug Abuse and Control Act of 1970 (Title 21, United States Code, Section 802)).
(h) "Executive Director" means the individual appointed by the Board pursuant to Section 211.
(i) "Fails a chemical test for dangerous drugs" means that the result of a chemical test conducted in accordance with Title 49, Code of Federal Regulations, Part 40 is reported as "positive" for the presence of dangerous drugs or drug metabolites in an individual's system by a Medical Review Officer in accordance with that part.
(j) "Inland pilot" means an individual licensed as an inland pilot by the Board.
(k) "Investigator" means a person employed by or under contract with the Board and assigned to investigate a navigational incident involving a vessel piloted by a pilot or inland pilot licensed by the Board, or any other matter for which a pilot's or inland pilot's license may be revoked or suspended pursuant to these regulations, including a possible conflict of interest as set forth in Section 222, or to investigate reports of suspected pilot ladder or pilot hoist safety violations.
(l) "Medical Review Officer" means an individual designated to carry out the duties specified in Title 46 Code of Federal Regulations Section 16.370 on behalf of the pilots, inland pilots or pilot trainees.
(m) "Monterey Bay" means all the waters of that bay and of the tributaries, ports and harbors of that bay.
(n) "Pilot" means an individual licensed as a pilot by the Board other than as an inland pilot.
(o) "Pilot Evaluation Committee" means the committee appointed by the Board pursuant to Section 209.
(p) "Pilot trainee" or "trainee" means a person who is training as a pilot in the pilot trainee training program established by the Board.
(q) "Pilotage grounds" means all waters extending eastward from the precautionary area surrounding buoy SF to, and including, the Bays of San Francisco, San Pablo and Suisun, and also includes the waters of Monterey Bay, eastward of a straight line drawn between Point Santa Cruz Light and Point Pinos Light.
(r) "Port Agent" means the individual identified in Section 218.
(s) "Serious Marine Incident" means an event or events that meet the definition of "Serious Marine Incident" under Title 46, Code of Federal Regulations, Section 4.03-2.
(t) "Training program" or "program" means the standards and procedures for training pilots, inland pilots and pilot trainees adopted by the Board as contained in Sections 214 and 215.

Note: Authority cited: Section 1154, Harbors and Navigation Code. Reference: Sections 1101(e), 1101(h), 1110, 1113, 1114, 1114.5, 1154, 1156, 1156.5, 1156.6, 1170.3, 1171.5, 1180, 1180.3 and 1181, Harbors and Navigation Code; Title 21, U.S. Code, Section 802; Title 46, Code of Federal Regulations, Sections 4.03-2, 97.90-1 and 108.719, subparts 163.002 and 163.003, and Part 16; and Title 49, Code of Federal Regulations, Part 40.



s 203. Meetings.
(a) The Board shall meet on a regular basis at least once each month on the date and at a time and place specified by the President.
(b) Notice of the date, time and place of a meeting of the Board shall be given at least ten days in advance of the meeting to the Port Agent and to any person who has requested, in writing, to be notified of Board meetings.
(c) The President may call special meetings of the Board. The notice requirements for a special meeting are the same as those for a regular meeting as set forth in subsection (b) of this section.
(d) The President may call and notice emergency meetings of the Board as authorized by law.
(e) All meetings shall be conducted in accordance with the requirements of Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code.

Note: Authority cited: Section 1154, Harbors and Navigation Code. Reference: Section 1153, Harbors and Navigation Code.



s 204. Quorum.
A "quorum" of the Board shall consist of four members. The Board shall not transact any business until a quorum is present and announced. In the absence of the President and Vice President, the quorum shall select a presiding officer for the meeting from among those members present.

Note: Authority cited: Section 1154, Harbors and Navigation Code. Reference: Section 1150(d), Harbors and Navigation Code.



s 205. Action by the Board.
All actions of the Board shall require the affirmative vote of at least four members, a quorum being present.

Note: Authority cited: Section 1154, Harbors and Navigation Code. Reference Section 1150(d), Harbors and Navigation Code.



s 206. President.
(a) The Board shall elect a President from among its members, who shall serve for a term of one year. A member shall not serve as President for more than two consecutive terms.
(b) The President shall preside at regular and special meetings of the Board and direct the administrative operations of the Board.

Note: Authority cited: Section 1154, Harbors and Navigation Code. Reference: Section 1153, Harbors and Navigation Code.



s 207. Other Officers.
(a) The Board shall elect a Vice President from among its members, who shall have all the powers of the President in the absence of the President or when the President does not participate in Board proceedings because of a conflict of interest or for any other reason. The Vice President shall serve for a term of one year. A member shall not serve as Vice President for more than two consecutive terms.
(b) The Board may elect such other officers as it considers necessary to carry out the functions of the Board.

Note: Authority cited: Section 1154, Harbors and Navigation Code. Reference: Section 1153, Harbors and Navigation Code.



s 208. Board Advisory Committees.
(a) The President, or in his or her absence, the Vice President or other presiding officer, may appoint advisory committees of the Board when he or she or the Board considers the appointment of advisory committees desirable or necessary to assist the Board in the performance of its functions. The presiding officer shall designate the chair and the members for each advisory committee appointed.
(b) The purpose of an advisory committee is to undertake the duties or tasks assigned to it and to advise and make recommendations to the Board concerning those matters.
(c) An advisory committee shall not transact any business until a quorum of the advisory committee is present and announced. A quorum for the purpose of this section consists of a majority of the members of the advisory committee.

Note: Authority cited: Section 1154, Harbors and Navigation Code. Reference: Section 1153, Harbors and Navigation Code.



s 209. Pilot Evaluation Committee.
(a) The Board shall establish a Pilot Evaluation Committee consisting of five active pilots each of whom have at least ten years' experience as a pilot on the Bays of San Francisco, San Pablo and Suisun. The Board shall select the members of the Pilot Evaluation Committee. A member of the Pilot Evaluation Committee shall not serve more than two four-year terms.
(b) The Pilot Evaluation Committee shall meet on such dates and at such times and places as it considers necessary to carry out its functions. The committee, through its chair, shall report on the committee's activities at each regular meeting of the Board.
(c) The Pilot Evaluation Committee shall conduct and supervise the pilot trainee training program of the Board in accordance with the directions and regulations of the Board and the Code.
(d) The Pilot Evaluation Committee shall at least quarterly review and evaluate each pilot trainee's progress in the training program and shall prepare and maintain a written report of that evaluation. The committee may examine a pilot trainee orally, in writing, or both at the times and in the manner prescribed by the committee.
(e) If a pilot trainee is placed on probation as a result of inadequate performance, the Pilot Evaluation Committee shall review and document the trainee's progress monthly during the probation period and shall inform the trainee of the results in writing. Evaluation during probation shall be designed by the Pilot Evaluation Committee to determine whether the trainee's level of performance is sufficient to warrant the conclusion that:
(1) the trainee is making adequate progress to meet the conditions of probation, and
(2) if the trainee's performance continues to improve, he or she is likely to complete the training program successfully.

Note: Authority cited: Section 1154, Harbors and Navigation Code. Reference: Section 1171.5(c), (d) and (e), Harbors and Navigation Code.



s 210. Incident Review Committee.
(a) The President shall appoint an Incident Review Committee with the responsibility of investigating and reporting to the Board all reports of misconduct or navigational incidents involving a vessel piloted by a pilot or inland pilot licensed by the Board, or any other matter for which a pilot's or inland pilot's license may be revoked or suspended pursuant to these regulations, including a possible conflict of interest as set forth in Section 222, and reports of suspected pilot ladder or pilot hoist safety violations. The Incident Review Committee shall be composed of one public member of the Board and the Executive Director. This subsection does not apply to an incident involving a pilot or inland pilot aboard a vessel of less than 300 gross tons unless a pilot or inland pilot is required by law.
(b) The Incident Review Committee may exercise its discretion if there is clearly no pilot error involved and declare the reported incident to be a non-incident. If there is an appearance of pilot error, the Incident Review Committee shall investigate the incident, misconduct or other matter and prepare a written report. The Incident Review Committee may use investigators, call witnesses and obtain additional information as it considers necessary to complete its investigation. In performing their duties, the members of the Incident Review Committee and the investigators shall act fairly and impartially and shall treat all matters developed or obtained as required by law. The members of the Incident Review Committee and the investigators shall not discuss any investigation with the Board or any member of the Board who is not on the committee until the matter has been finally disposed of by the Incident Review Committee or final action has been taken by the Board, as appropriate.
(c) The written report developed by the Incident Review Committee relating to the incident, misconduct or other matter shall include but need not be limited to:
(1) The name of the vessel, time, date and location of the incident and identification of the pilot or inland pilot.
(2) A description of the weather and sea conditions.
(3) An illustration and description of the incident, misconduct or other matter under investigation.
(4) An estimate of damages, if any.
(5) The names of witnesses providing information relating to the incident, misconduct or other matter under investigation.
(6) The nature and extent of any injuries.
(7) A summary of the investigations of any prior incidents, misconduct or other matters involving the pilot or inland pilot, or, if investigating reports of suspected pilot ladder or pilot hoist safety violations, a summary of the investigations of any prior such violation reports involving the same vessel, vessel owner or operator.
(8) Any relevant correspondence or records from the U.S. Coast Guard relating to the incident, misconduct or other matter under investigation.
(9) A historical record of the actions taken in the investigation and any action taken in response to the investigation.
(10) A summary of the factual background of the incident, misconduct or other matter under investigation.
(11) The following information shall be included in the report but shall not be part of the public record:
(A) The report from the pilot or inland pilot.
(B) The confidential report of the investigator.
(d) At the conclusion of an investigation and depending upon the results thereof, the Incident Review Committee may take any of the following actions:
(1) Prefer an accusation for suspension or revocation of the pilot's or inland pilot's license.
(2) Enter into a written stipulation with the pilot or inland pilot terminating the matter on such terms and conditions as they consider acceptable, including compliance with any recommended remedial training or study and participation in the training of pilots and pilot trainees. Any such stipulation shall be approved in writing by the Incident Review Committee members, acting for the Board and the Board's counsel and by the pilot or inland pilot and his or her counsel, if any. A stipulation may provide that it may be referred to following a finding of fault in any subsequent accusation brought against the same pilot or inland pilot for the purpose of considering an appropriate sanction. A written stipulation may not, however, be used for any purpose more than five years after the date of its execution.
(3) Provide counseling for the pilot or inland pilot relating to his or her duties and obligations.
(4) Issue a warning letter of reprimand to the pilot or inland pilot.
(5) Take any other action, as provided in the guidelines in this section.
(6) Close the matter without further action.
(e) If corrective action is required as a result of the investigation, the Incident Review Committee shall consider the following factors in determining the appropriate corrective action to be imposed and in going outside of the guidelines in this section:
(1) The severity of the misconduct.
(2) The danger to the public.
(3) The number and frequency of prior incidents involving pilot error.
(4) The nature and extent of any injuries, property damage or harm to the environment resulting from the incident.
(5) The length of time the pilot or inland pilot has been licensed.
(6) Prior corrective action imposed upon the pilot or inland pilot.
(7) The degree to which the proposed action is likely to prevent recurrence.
(8) The effect of the proposed action upon the pilot's or inland pilot's livelihood.
(9) Corrective action already taken by the pilot or inland pilot relative to the incident under consideration.
(10) The degree of negligence of the pilot or inland pilot.
(11) Any other mitigating or aggravating circumstances deemed pertinent by the Incident Review Committee.
(f) In determining the appropriate action to be taken for certain specific types of misconduct, the following guidelines shall apply:
(1) Under the influence of illegal drugs while on duty: Filing an accusation recommending revocation of license.
(2) Under the influence of alcohol while on duty:
First offense -filing an accusation recommending suspension of license (6-12 months) and mandatory participation in a rehabilitation program approved by the Substance Abuse and Mental Health Services Administration,
Second offense -filing an accusation recommending revocation of license.
(3) Refusal to provide specimens required for timely drug and alcohol testing upon being directed by the Port Agent pursuant to the requirements of Section 218:
Filing an accusation recommending suspension of license (6-12 months).
(4) Failure to comply with federal, state or local navigation laws or regulations:
From a minimum of reprimand to a maximum of filing an accusation recommending suspension of license (1-3 months).
(5) Negligently performing duties related to vessel navigation:
From a minimum of reprimand to a maximum of filing an accusation recommending suspension of license (2-6 months).
(6) Neglect of vessel navigation duties:
From a minimum of reprimand to a maximum of filing an accusation recommending suspension of license (3-6 months).
(7) Failure to file a written report on a maritime incident in a timely fashion:
From a minimum of reprimand to a maximum of filing an accusation recommending suspension of license (2-4 months).
These guidelines are intended to guide the Incident Review Committee in determining the appropriate action to be taken and to promote uniformity in assessing the severity of specific types of misconduct, although it is recognized that the circumstances of any individual case may warrant action that falls outside the ranges provided above.
(g) Following a decision by the Incident Review Committee on the proper disposition of a matter, it shall report on the disposition of the matter to the Board at the Board's next regular meeting. Unless an accusation for suspension or revocation of the pilot's or inland pilot's license is preferred, the Incident Review Committee shall present the completed investigation to the Board. Unless an extension is granted by the Board, the report shall be presented within 90 days of the date of the incident, misconduct or other matter being investigated. The Board shall accept the report or return the matter to the Incident Review Committee for such further action as may be authorized by law.
(h) The record of the investigation and final disposition of the incident, misconduct or other matter shall be retained in the Board's records for 10 years, or as long as the pilot is licensed by the Board, whichever is longer, after the completion of the investigation and, except for the items listed in paragraph 11 of subsection (c), shall be a public record. Records of prior incidents more than 10 years old shall not be used in aggravation in determining corrective action unless the pilot or inland pilot raises such incident for mitigation.
(i) Action shall be taken by the Incident Review Committee pursuant to subsection (d) only if both members of the Incident Review Committee agree on the course of action. If agreement cannot be reached between the members, the Board president shall appoint one additional public member of the Board to serve on the Incident Review Committee until there is a final disposition of the case. Action will then be taken by majority vote of the Incident Review Committee.
(j) The Board may order the reconsideration of all or part of a determination made pursuant to this section on its own motion or on petition of any party. The power to order a reconsideration shall expire 30 days after the Incident Review Committee's report on the disposition of the matter as provided in subsection (g) of this Section, or on the date set by the Board as the effective date of the determination if that date occurs prior to the expiration of the 30-day period or at the termination of a stay not to exceed 30 days which the Board may grant for the purpose of filing an application for reconsideration. If additional time is needed to evaluate a petition for reconsideration filed prior to the expiration of any of the applicable periods, the Board may grant a stay of that expiration for no more than 10 days, solely for the purpose of considering the petition. If no action is taken on a petition within the time allowed for ordering reconsideration, the petition shall be deemed denied.
(k) No member of the Board shall sit on the Board as a trier of fact for those cases where he or she has served on the Incident Review Committee recommending action to the Board.
(l) The Executive Director shall maintain a suspense file to ensure all training, practice trips, or other corrective action required to be performed by a stipulated resolution to an incident, misconduct or other matter are completed as required. The Executive Director shall report to the Board each month on the progress of any ongoing training, practice trips or other corrective action.
(m) The Board shall formally review the performance of the Executive Director with respect to the performance of his or her duties as a member of the Incident Review Committee at least once each year.

Note: Authority cited: Sections 1154 and 1180.6(e), Harbors and Navigation Code. Reference: Sections 1154, 1156.5, 1156.6, 1180.3, 1180.6, 1181 and 1184, Harbors and Navigation Code.



s 211. Executive Director.
(a) The Board may appoint and reappoint an Executive Director in the manner provided by the Code. The Executive Director shall serve at the pleasure of the Board and shall be under the direct supervision of the President of the Board.
(b) The Executive Director shall not, during the term of his or her office, serve as a member of the Board, nor as a pilot or inland pilot, nor be otherwise concurrently employed in the maritime industry.
(c) The Board shall fix the compensation of and, from time to time, adjust the compensation of the Executive Director.
(d) The Executive Director shall not have any interest in any pilot vessel or tug, or in the earnings thereof, except for the compensation provided by this Section.
(e) The Executive Director shall have the following functions:
(1) To administer the personnel employed by the Board in accordance with the civil service laws;
(2) To serve as treasurer of the Board and keep, maintain and provide the Board with all statements of accounts, records of receipts and disbursements of the Board in accordance with law;
(3) To issue and countersign licenses, which shall also be signed by the President of the Board;
(4) To administer matters and maintain files pertaining to actions taken against licenses issued by the Board;
(5) To act as a member of the Incident Review Committee, as set forth in Section 210;
(6) With input from the pilots, inland pilots and industry, to formulate and recommend to the Board a curriculum for the training of pilots and inland pilots;
(7) Under the direction of the Board, to coordinate Board activities with other state and federal agencies charged with protecting the environment and with the oil and hazardous chemical shipping industry;
(8) To perform research and obtain documents and other evidence for Board activities, including rate hearings, as required by the President of the Board;
(9) To initiate and conduct the periodic review of the San Francisco Pilot Pension Plan established by Chapter 3 (beginning with s 1160) of the Code, and to prepare proposed recommendations for the Board's consideration; and
(10) Any other function, task, or duty as may reasonably be assigned by the President of the Board.

Note: Authority cited: Section 1154, Harbors and Navigation Code. Reference: Sections 1156.5(a) through (h), 1156.6, 1158 and 1158.1, Harbors and Navigation Code.



s 212. Administrative Assistant/Secretary.
(a) The Board may appoint an Administrative Assistant/Secretary, who shall serve under the direct supervision of the Executive Director, or if there is no Executive Director, under the direct supervision of the President of the Board.
(b) The Board shall fix the compensation of, and from time to time adjust the compensation of, the Administrative Assistant/Secretary. The Administrative Assistant/Secretary shall not have any interest in any pilot vessel or tug, or the earnings thereof, except for the compensation provided in this Section.
(c) The Administrative Assistant/Secretary shall keep a written record of all the Board's proceedings and acts, and shall keep a register of all pilots and inland pilots, their residence and the date of each license. The Administrative Assistant/Secretary shall receive and maintain a record of the information required by Sections 219(m) and 220(i) of these regulations. In addition, he or she shall perform such additional clerical, administrative, and other duties as may reasonably be required by the Executive Director, or if there is no Executive Director, by the President of the Board.

Note: Authority cited: Section 1154, Harbors and Navigation Code. Reference: Sections 1156, 1157 and 1158, Harbors and Navigation Code.



s 212.5. Conflict of Interest Code.
(a) This regulation shall constitute the conflict of interest code of the Board.
(b) The terms of Title 2, California Code of Regulations, Section 18730 and any amendments thereto duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. Pursuant to those terms, the designated employees specified in subsection (d) of this section shall file statements of economic interests with the Board, which will make the statements available for public inspection and reproduction in accordance with Section 81008, Chapter 1 of Title 9 of the Government Code.
(c) Upon receipt of the statements of economic interests of the members of the Board and the Executive Director, the Board shall make and retain copies and forward the originals of these statements to the Fair Political Practices Commission. The original statements of all other designated employees, will be retained by the Board.
(d) The "Designated Employees" referred to in the regulation referenced in subsection (b) of this section are the following:
(1) All Board members, to whom Disclosure Categories (1)-(12) of subsection (e) apply
(2) Executive Director, to whom Disclosure Categories (1)-(13) of subsection (e) apply
(3) Consultants/Board Counsel:*
*Consultants/Board counsel shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation:
The Executive Director may determine in writing that a particular consultant (including Board counsel), although a "designated position", is hired to perform a range of duties that is limited in scope and thus is not required to comply fully with the disclosure requirements described in this section. Such determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The Executive Director's determination is a public record and shall be retained for public inspection in the same manner and location as the conflict of interest code.
(e) The "Disclosure Categories" referred to in the regulation referenced in subsections (b) and (d) of this section are the following:
(1) Investments and business positions in and income from boat yards and marine repair facilities;
(2) Investments and business positions in and income from providers of marine surveyor services;
(3) Investments and business positions in and income from providers of pilot training, and in pilot training facilities (including CMA, MSIS, Port Revel, etc.);
(4) Investments and business positions in and income from providers of crewing services for pilot boats;
(5) Investments and business positions in and income from providers of physical examinations for pilots;
(6) Investments and business positions in and income from providers of maritime investigation services;
(7) Investments and business positions in and income from pilot boats;
(8) Investments and business positions in and income from ownership, operation or management of tugboats operated on the Bays of San Francisco, San Pablo and Suisun;
(9) Investments and business positions in and income from commercial vessels which use pilotage services in the Bays of San Francisco, San Pablo and Suisun;
(10) Investments and business positions in and income from providers of public accounting services of the type used by S.F. Bar Pilot Association or SFBP Benevolent and Protective Association;
(11) Investments and business positions in and income from providers of insurance or insurance brokerage services of the type used by S.F. Bar Pilots Association and SFBP Benevolent and Protective Association;
(12) Income received from S.F. Bar Pilot Association or SFBP Benevolent and Protective Association;
(13) Investments and business positions in and income from suppliers of office equipment of the type used by Board staff.

Note: Authority cited: Section 1154, Harbors and Navigation Code. Reference: Section 87300 et seq., Government Code.



s 213. Pilot Trainees.
(a) This section applies only to persons not previously licensed by the Board or otherwise exempt from such program by the Code.
(b) It is Board policy, through an effective selection process, to provide opportunity for progressive development and advancement of qualified maritime personnel to State licensed pilots in accordance with statutory requirements.
(c) State licensed pilots hold key positions in the safe passage of shipborne commerce in the waters under the Board's jurisdiction. They must exemplify the highest standards of leadership, professionalism and personal integrity. Mariners selected for the training program must demonstrate that they are fully capable of meeting demands of accountability and responsibility associated with such positions. The vital role of appropriately trained pilots in safety of navigation upon these waters cannot be overemphasized.
(d) The Board in selecting applicants to participate in the Pilot Trainee Training Program adheres to equal opportunity precepts. All applicants meeting minimum eligibility requirements as provided herein shall receive consideration without regard to age, sex, race, religion, national origin, lawful political affiliation, physical handicap (within the SHIPS limitations), marital status, membership or non-membership in any employee organization, or any other personal condition unrelated to the applicant's basic ability to perform satisfactorily as a pilot trainee and as a pilot.
(e) To meet minimum eligibility requirements, each applicant must:
(1) Possess a current, valid federal license as master of vessels of not less than 1600 gross tons with an unlimited radar endorsement;
(2) Be of good mental and physical health and of good moral character;
(3) Provide verified documentation demonstrating two years of performance as master:
(A) in command of a self-propelled vessel in navigation of not less than 1600 gross tons; or
(B) in command of a towing vessel engaged in ship assist, or in bay or ocean towing in which the combined gross tonnage of the towing vessel and vessel(s) towed is not less than 1600 gross tons.
(4) Demonstrate recency of experience as follows:
(A) The two years of command experience required by this section must have been within the five years immediately preceding the application cut-off date.
(B) In addition, one year of the required command experience must have been within the three years immediately preceding the application cut-off date.
(C) The recency requirements of subparagraphs (A) and (B) above may be met by equivalent periods of service as a commercial pilot, not a member of the crew, directing and controlling the movement of vessels of not less than 1600 gross tons, or a combination of such command and piloting (non-concurrent) experience.
(D) The recency requirement of subparagraph (B) above may be waived if the applicant can provide verified documentation that he or she has been employed in the maritime industry in a position closely associated with the operation and navigation of vessels during at least two of the last three years immediately preceding the application cut-off date.
(5) Be able to communicate in concise and clear language using proper terminology for bridge team, bridge-to-bridge and bridge-to-shore communications in English;
(6) Must not have had prior felony or drug convictions or be currently in violation of a court order to provide child or spousal support.
(f) The applications of all applicants meeting the minimum requirements in subsection (e) will be reviewed to assess experience points on the following schedule:
(1) Tug Experience (not to exceed a maximum of 30 points):
(A) Any command experience on tugs (minimum one year) 10 pts
(B) Offshore command experience not less than 1600 gross tons combined tug and tow (minimum one year, not included with any other experience) 5 pts
(C) 2 to 5 years command 5 pts
(D) Over 5 years command 5 pts
(E) Served as pilot on own vessels of not less than 1600 gross tons combined tug and tow (minimum 100 moves) in pilotage waters. "Own vessels" means vessels for which applicant was also the master or second in command. 5 pts
(2) Deep Draft Experience (not to exceed a maximum of 30 points):
(A) Any command experience on self-propelled vessels in navigation of not less than 1600 gross tons (minimum one year) 10 pts
(B) In command of self-propelled vessels over 10,000 gross tons (minimum one year, not included with any other experience) 5 pts
(C) 2 to 5 years command (minimum 1600 gross tons) 5 pts
(D) Over 5 years command (minimum 1600 gross tons) 5 pts
(E) Served as pilot on own vessels (minimum 100 moves) in pilotage waters. "Own vessels" means vessels for which applicant was also the master or second in command. 5 pts
(3) Piloting Experience (not to exceed a maximum of 40 points):
(A) Served as commercial pilot, not member of the crew, directing and controlling the movement of vessels of not less than 1600 gross tons (minimum one year) in waters in which a pilot is required by state, federal or foreign law 15 pts
(B) 2 to 5 years as full time pilot 15 pts
(C) over 5 years as full time pilot 10 pts
(g) For purposes of meeting the minimum eligibility requirements of subsection (e) herein and the assessment of experience points in subsection (f) herein, a "year" means a minimum of 360 days performing the duties of master or pilot.
(h) All applicants meeting the minimum requirements in subsection (e) above, and having received at least 15 experience points from subsection (f) above, will be permitted to take a written examination developed and administered by the Board in conjunction with the Office of Examination Resources (OER) of the Department of Consumer Affairs or contractors with equivalent psychometric qualifications and reviewed by OER, who shall establish a passing score for that examination. An applicant must achieve a passing score on the written examination in order to be eligible to proceed further in the selection process.
(i) Applicants must be selected for and pass a bridge simulator exercise which tests skills required for ship navigation in piloting waters that cannot be adequately tested in a written examination alone. These include the applicant's ability to assimilate and assess a variety of information in a bridge environment, to plan and execute timely, appropriate responses in both routine and emergency situations, and to communicate effectively both with those on the bridge and those outside the ship. Local knowledge is not required and will not be tested.
(1) A cut-off score to enter the simulator exercise will be established after the written examination has been scored and combined with each applicant's experience points. The cut-off score reflects the lowest final score that the applicant could obtain and still be competitive with the other applicants once the simulator is factored in.
(2) The applicant's performance in the exercise will be evaluated by three evaluators selected by the Board: one from the Board's Pilot Evaluation Committee, one who is a state licensed pilot from another jurisdiction and one who is an industry representative with current or prior command on deep draft vessels. The evaluators will be trained by the Office of Examination Resources (OER) or contractors with equivalent psychometric qualifications and reviewed by OER.
(3) The following seven elements will be evaluated during the Bridge Simulator Exercise:
(A) Situational awareness
Assesses the applicant's appreciation of the situation the vessel is in at all times during the exercise, including relative motion, traffic, aids to navigation, effect of wind, current and other forces on the vessel, and ability to accurately filter and prioritize available information.
(B) Appropriate response
Assesses the applicant's response in routine transit including timeliness and appropriateness of rudder commands, engine orders and other orders to the bridge team.
(C) Ability to respond correctly under stress
Separately assesses the applicant's ability to respond under emergency or non-routine situations of increased stress.
(D) Communication and bridge presence
Assesses the applicant's ability to use concise, clear and pertinent communications using proper terminology in communicating with the bridge and evaluation teams and on the radio, and assesses the applicant's professional composure, demeanor and ability to communicate warranted self-confidence which inspires confidence in the rest of the bridge team that the vessel's navigation is in good hands.
(E) Fundamental shiphandling
Assesses the applicant's knowledge of proper and timely use of engine and rudder commands and understanding of the ship's response to those commands.
(F) Bridge resource management
Assesses the applicant's proper use of all personnel and equipment resources available during the exercise.
(G) Rules of the road
Assesses the applicant's proper application of the navigational rules of the road to the situations presented.
(4) The exercise will be videotaped and recorded with sufficient detail to allow for meaningful review.
(5) An applicant must achieve a passing score on the bridge simulator exercise to be qualified to compete for final selection. The passing score will be established with the assistance of the Office of Examination Resources (OER) or contractors with equivalent psychometric qualifications and reviewed by OER.
(j) Final selection for entry into the training program shall be based on the combined scores from the applicant's experience points, written examination and simulator exercise, with each given equal weight, in accordance with the following procedures:
(1) All applicants receiving at least 15 experience points and achieving passing scores on both the written examination and the simulator exercise shall be placed on an eligibility list in order of their combined scores, highest score first.
(2) The eligibility list may be used by the Board to fill openings in the training program for up to three years from the date the list is accepted by the Board.
(3) Applicants on the eligibility list must maintain all minimum eligibility requirements set forth in subsection (e), including recency of experience, through the date of the applicant's acceptance of an opening in the training program, and must keep Board staff informed of the most expeditious means of being contacted in the event of an opening in the training program.
(4) Openings in the training program shall be offered to applicants in their order on the eligibility list. An applicant shall have five (5) business days (weekends and state holidays excluded) from the date of notification in which to inform the Board of his or her continued eligibility and agreement to commence the contracting process.
(5) An applicant accepting entry into the training program shall submit to the Board written confirmation of acceptance and verified documentation of continued eligibility as soon as practicable and shall execute all necessary contracting documents within five (5) business days from the date of notification that the documents are available for execution.
(6) Failure to accept the offer of an opening in the training program or to execute the contracting documents within the periods set forth in this subsection shall result in the applicant's name being placed at the bottom of the current eligibility list and the opening shall be offered to the next applicant on the list. The provisions of this subsection effecting an applicant's position on the eligibility list shall not apply if the applicant's failure to timely accept the offer or to timely execute the contracting documents was caused by the applicant's call to active duty in the Armed Forces of the United States.
(7) At the time that an applicant is informed of an opening in the training program, he or she shall be informed:
(A) of the effect of the failure to communicate acceptance in accordance with this subsection;
(B) of the effect of the failure to timely execute contracting documents;
(C) that there are no guarantees of further openings in the training program prior to the expiration of the current eligibility list; and
(D) that there are no guarantees that the applicant will achieve the same position on any future eligibility list.
(8) An applicant on the eligibility list may request removal of his or her name from the list at any time.
(k) The Executive Director will review or cause to be reviewed all applications to determine that the applicant meets all minimum qualifications and to assess experience points. Each applicant will be informed of the results of that review.
(l) The Executive Director is authorized to reject, without further Board action:
(1) incomplete applications, including all applications which do not include verified documentation that establishes that the applicant has met all minimum qualifications;
(2) applications which the Executive Director determines contain inaccurate or misrepresented information affecting the applicant's minimum qualifications or experience unless the applicant can establish to the satisfaction of the Executive Director that the inaccuracy or misrepresentation was accidental or the result of excusable neglect, and that, as corrected, the applicant continues to meet all minimum qualifications.
(m) A Selection Appeal Committee shall be appointed for each pilot trainee selection and shall be made up of three Board members. The committee shall be made up of one industry, one pilot and one public member. If no members from a particular category are available to act on an appeal, then the committee shall be made up from the remaining categories.
(1) Applicants whose applications have been rejected or who seek Board review of any other issue raised by the selection process shall submit their appeal to the Executive Director in writing, stating the basis for the appeal, supported by all written documents necessary to decide the appeal.
(2) Appeals shall be submitted no later than 30 days following the action being appealed. Notwithstanding the above, appeals of actions which preclude the applicant from taking the written test must be received no later than 15 days before the written test; appeals relating to the written test shall be submitted before the applicant leaves the testing facility.
(3) Upon receipt of an appeal, the Executive Director shall promptly forward one copy to each Selection Appeal Committee member, along with such additional documents as the Executive Director deems relevant and his or her comments responding to the issues raised on appeal.
(4) The Selection Appeal Committee shall meet expeditiously at the date, time and place determined by the chair in conformance with applicable open meeting act laws in order to consider and decide the appeal. The committee may request such additional information or documents as it deems pertinent; however, oral testimony or arguments will ordinarily not be accepted.
(5) Applicants who have submitted an appeal shall keep Board staff informed of the most expeditious means of being contacted during the pendency of the appeal.
(6) Upon deciding the appeal, the Selection Appeal Committee shall issue a written decision, which shall constitute the decision of the Board and shall be final. A copy of the decision shall be provided to the applicant.
(7) If the Selection Appeal Committee finds the appeal has merit, it may order such relief as is authorized under this section.
(n) An applicant's family relationship by blood or marriage to a current or former pilot shall not be considered for any purpose in the selection of pilot trainees.
(o) Anyone participating in the selection process, including without limitation, those involved in evaluating an applicant's experience points, written examination or bridge simulator exercise, and members of the Selection Appeal Committee or the Board shall disqualify himself or herself and withdraw from participation in the selection process if he or she is related by blood or marriage to any applicant under consideration or, for any reason, cannot be fair and impartial in the selection process, or shall disclose such relationship to the Board. Insofar as applicable, the provisions of California Government Code Section 11512(c) regarding disqualification of an agency member from administrative hearings shall guide the Board in determining whether a selection process participant or prospective participant who does not voluntarily disqualify himself or herself should be disqualified from participating in the selection process.
(p) All documents and records pertaining to an application shall be retained for at least five years.

Note: Authority cited: Section 1154, Harbors and Navigation Code. Reference: Sections 1101, 1141, 1142, 1171, 1171.5, 1175, 1177 and 1178, Harbors and Navigation Code.



s 214. Pilot Trainee Training Program.
(a) In order to be considered for licensing as a pilot, a pilot trainee must successfully complete the training program conducted and supervised by the Pilot Evaluation Committee for the Board. The Board shall issue a certificate of completion to a pilot trainee only when it determines that the trainee has successfully completed the pilot trainee training program. The Board may rely upon, but shall not be bound by the recommendations of its Pilot Evaluation Committee in determining whether a trainee has successfully completed the training program or whether or when the trainee should be licensed as a pilot. The Board is not required to license an individual as a pilot at any time after issuance of the certificate of completion authorized by this subsection. If a license is issued, it shall be issued to the most qualified trainee who has successfully completed the training program. Order of completion of the program is not the determining factor.
(b) The training program prescribed herein shall include the following topics:
(1) area geography;
(2) port and waterway configuration;
(3) hydrography (channel depths and widths, bottom configuration);
(4) hydrology and hydraulics;
(5) tides and currents;
(6) winds and weather;
(7) aids to navigation (interaction with and information they convey);
(8) bottom composition;
(9) marine facilities;
(10) other traffic and operations (including commercial fishing vessels, recreational boating, dredging and marine regattas);
(11) air draft (for bridges and overhead wires);
(12) communications;
(13) applicable laws, rules and regulations;
(14) marine traffic regulation (including Vessel Traffic Service);
(15) local and seasonal traffic patterns and densities;
(16) ship maneuvering behavior for all vessel types to be piloted including hydrodynamic interactions with respect to other vessels, facilities and channel bathymetry;
(17) advantages, limitations and effect on shiphandling of various types of main propulsion and auxiliary maneuvering machinery;
(18) shiphandling for piloting, anchoring, docking and undocking, maneuvering with and without the aid of tugs and emergency situations;
(19) tug control (for maneuvering assistance);
(20) use of ground tackle to aid maneuvering;
(21) navigation systems (traditional and electronic);
(22) radar systems (manual and automated); and
(23) marine and environmental safety requirements.
(c) The training program for each pilot trainee shall consist of a minimum of one year and a maximum of three years of training. The program may include classroom training and training provided by outside contractors and shall include assignments to ride as an observer on tugs engaged in ship assist work. In addition, the program shall include a minimum of 300 trips while under the direct supervision of a pilot or inland pilot, riding as observer or maneuvering vessels of various sizes and classes on the Bays of San Francisco, San Pablo and Suisun. A minimum of 50 trips shall be with members of the Pilot Evaluation Committee and at least 10 of those trips shall be within the last three months before the committee recommendation that the trainee be issued a certificate of completion. Pilot trainee assignments shall be under the general supervision of the Pilot Evaluation Committee and may be made by the Port Agent, his or her designee, or a member of the Pilot Evaluation Committee. (continued)