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(continued)
(d) A stipend, funded by a pilot trainee surcharge to pilotage rates, may be paid to pilot trainees. The amount of the stipend, if any, paid to a pilot trainee shall be determined solely by the Board, provided that trainees at similar phases of the program shall receive an equal stipend, if any stipend is given.
(e) A pilot or inland pilot supervising a pilot trainee shall prepare an evaluation report on the performance of the pilot trainee to the Pilot Evaluation Committee at the times and in the manner prescribed by the Committee.
(f) The Board may dismiss a pilot trainee from the training program at any time during the first year of training without cause. After the first year of training, a pilot trainee may be dismissed from the training program if the Board, after a hearing comparable to that provided to a public employee under Government Code s 11126(a), determines that he or she:
(1) no longer meets the requirements of Section 213;
(2) has violated the Code or these regulations;
(3) has failed to carry out the terms and conditions of the training program;
(4) has willfully disobeyed a lawful order of the Board, the Pilot Evaluation Committee, the Port Agent, his or designee or the pilot supervising his or her training;
(5) committed an act of misconduct while on duty as a trainee;
(6) was intoxicated or under the influence of a substance which appreciably impaired his or her ability to conduct the duties of a pilot trainee while on duty as a trainee;
(7) failed to meet the conditions of probation within the period prescribed, if placed on probation under subsection (g) of this section; or
(8) failed a chemical test for dangerous drugs, as defined in Section 202.
(g) A pilot trainee may, on such conditions and for such period of time as the Board may impose, be suspended from the training program or be placed on probation if the Board determines that such action is warranted because of:
(1) a change in the mental or physical health or good moral character of the pilot trainee;
(2) a lapse, suspension or revocation of the trainee's U. S. Coast Guard license;
(3) misconduct while on duty as a trainee; or
(4) inadequate performance in the training program.
(h) In determining whether a pilot trainee has successfully completed the training program or whether the trainee should be licensed as a pilot, the Board and Pilot Evaluation Committee shall consider whether the trainee has met each of the following:
(1) All statutory prerequisites for being licensed as a pilot;
(2) Maintained an average score of at least 4.0 on a 5.0 scale on the evaluations by members of the Pilot Evaluation Committee during each of the last three (3) months immediately preceding the Committee's recommendations; and
(3) Has adequately demonstrated:
(A) local knowledge for the Bays of San Francisco, San Pablo and Suisun, including:
1. limits of all local pilotage areas;
2. names, positions and characteristics of all buoys, beacons, lights, markers, fog signals and other fixed aids to navigation;
3. names, locations and characteristics of all channels, shoals, headlands and points;
4. names, locations, characteristics and vertical clearances of all bridges, cables and other overhead obstructions to navigation;
5. depths of water;
6. set, rate, rise and duration of tides, characteristics of tidal currents, and use of tide tables and real time tide data collection system;
7. courses and distances for each channel;
8. names, locations and characteristics of anchorages;
9. names, locations and waterside characteristics of all berths, terminals and docking facilities; and
10. systems of radio navigational warning broadcasts and the type of information likely to be included.
(B) a working knowledge of the fundamentals of shiphandling, including:
1. shiphandling in piloting waters;
2. anchoring;
3. docking and undocking;
4. appropriate use of tugs;
5. shiphandling in emergency situations; and
6. appropriate vessel speed control.
(C) bridge presence, including proper and timely handling of all shipboard communications using standard terminology;
(D) proper and timely handling of communications with other vessels, Vessel Traffic Service and other entities external to the vessel;
(E) situational awareness, contingency planning and the ability to keep the vessel on track;
(F) appropriate and timely use of bridge equipment, including shipboard navigation and collision-avoidance aids, and knowledge of their capabilities and limitations;
(G) appropriate response to vessel traffic;
(H) familiarity with maneuvering characteristics of all types of ships that routinely enter the pilotage grounds, including knowledge of capabilities and limitations of typical propulsion and steering systems on board such vessels;
(I) understanding environmental factors affecting ship performance, such as wind, current, tide, channel configuration, water depth, bottom, bank and ship interaction including squat;
(J) familiarity with bridge team management, including master-pilot relationship;
(K) familiarity with all relevant international, national, state and local laws and regulations applicable to navigational safety, rules of the road, pollution prevention, and contingency planning;
(L) familiarity with lines of communication to local authorities, including the U.S. Coast Guard, U.S. Army Corps of Engineers, State Office of Oil Spill Prevention and Response and the Board.
(M) familiarity with personal techniques for survival at sea and personal safety, including emergency first aid, cardio-pulmonary resuscitation (CPR) and hypothermia remediation; and
(N) consistency of acceptable performance.

Note: Authority cited: Section 1154, Harbors and Navigation Code. Reference: Sections 1101(e), 1114.5, 1171.5, 1175, 1177 and 1178, Harbors and Navigation Code.



s 215. Pilot and Inland Pilot Training.
(a) Every pilot and inland pilot must complete the training program established by this section. The Board may revoke or suspend the license of a pilot or inland pilot if he or she fails to successfullycomplete the training program during the period specified by the Board.
(b) The training program for each pilot and inland pilot shall consist of two parts:
(1)Attend a manned scale model shiphandling course at least six days in length once every five years which provides realistic experience with maneuvering characteristics of major commercial vessel types that routinely transit the waters under the Board's jurisdiction and under harbor and approach conditions that replicate those that are found in the San Francisco Bay Area; and
(2) Attend a combination course at least five days in length completed at least once every three years covering at least the following topics:
(A) Bridge resource management for pilots;
(B) Shiphandling on a computer driven ship's bridge simulator including emergency maneuvering and shiphandling in close quarters;
(C) Emergency medical response;
(D) Advanced electronic navigation systems; and
(E) Regulatory review.
(c) The Executive Director shall prepare and maintain a list naming each pilot and inland pilot who is to attend the required training courses during the following twelve months, and the dates of such attendance. The list shall be provided to the Port Agency monthly, who shall notify the pilots on the list, and shall be provided to each inland pilot by the Executive Director.

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



s 216. Issuance of Licenses.
(a) An application for a pilot license or for the renewal of a pilot license or an inland pilot license shall be signed by the applicant and presented to the Administrative Assistant/Secretary.
(b) A license issued to a pilot or inland pilot by the Board, and each renewal thereof, shall be valid for a period of one year.
(c) No original pilot license shall be issued, and no pilot license originally issued after December 31, 1987 shall be renewed, until the applicant provides proof satisfactory to the Board that he or she possesses a valid federal license with endorsements thereon allowing the applicant to pilot vessels on the high seas and on all waters of the Bays of San Francisco, San Pablo and Suisun, including the San Joaquin River and the Sacramento deep water ship channel.
(d) All pilots shall hold and maintain proper federal endorsements allowing them to pilot, at a minimum, on the high seas and on all waters of the Bays of San Francisco, San Pablo and Suisun excluding the San Joaquin River and the Sacramento deep water ship channel. No pilot license originally issued before December 31, 1987 shall be renewed until the applicant for the license provides proof satisfactory to the Board that he or she possesses a valid federal license with endorsements thereon allowing the applicant to pilot vessels on the high seas and on all waters of the Bays of San Francisco, San Pablo and Suisun, excluding the San Joaquin River and the Sacramento deep water ship channel.
(e) No original pilot license shall be issued unless the applicant has satisfactorily completed the pilot trainee training program.
(f) A pilot license and an inland pilot license shall be renewed only upon successful completion of the physical examination required by Section 217.
(g) A pilot license shall not be renewed if the applicant did not actively pilot vessels under the authority of that license for any consecutive period of one year unless he or she has submitted evidence satisfactory to the Board that he or she is qualified and was either medically disabled, serving as Port Agent, or had been granted a leave of absence by the Board during that period.
(h) An existing inland pilot license shall not be renewed if the applicant did not actively pilot vessels under the authority of that license for any consecutive period of one year unless he or she has submitted evidence satisfactory to the Board that he or she is qualified and was medically disabled.

Note: Authority cited: Section 1154, Harbors and Navigation Code. Reference: Sections 1141, 1142, 1170, 1171, 1171.5(a) and (f), 1172, 1173, 1177 and 1178, Harbors and Navigation Code.



s 217. Medical Examination.
(a)(1) An applicant for a pilot trainee position or for a pilot license, and an applicant for the renewal of any license, shall be medically examined prior to entry into the training program, issuance of the original license or the renewal of his or her license, as applicable. The examination shall be performed by a physician designated by the Board for the purpose of determining his or her mental and physical health and fitness for duty as a pilot, inland pilot or pilot trainee. The examination prescribed herein shall be conducted in accordance with the Code, these regulations and the guidelines set forth in the REFERENCE GUIDE FOR PHYSICIANS PHYSICAL EXAMINATION FOR RETENTION OF SEAFARERS IN THE U.S. MERCHANT MARINE as adopted by the Seafarers Health Improvement Program (SHIP) Committee on April 26, 1985, and which is hereby incorporated by this reference, and a copy of which shall be on file in the Board office. An applicant for renewal of an existing pilot or inland pilot license shall be examined as set forth in subsection (b) of this section. The Board shall maintain a list of physicians, licensed by the State of California, who have agreed to perform the examinations required by these regulations.
(2) The cost of any medical examination required by these regulations shall be borne exclusively by the Board.
(3) A pilot or inland pilot on medical disability leave when his or her license expires may, within 30 days after the termination of the disability, apply for renewal of his or her license.
(b)(1) A license renewal medical examination shall not be required for a pilot or inland pilot who will be 35 years of age or less on the date his or her license expires, unless at least four years will have elapsed since his or her previous examination pursuant to the requirements of this section.
(2) A license renewal medical examination shall not be required for a pilot or inland pilot who will be 36 years of age but less than 50 years of age on the date his or her license expires, unless at least two years will have elapsed since his or her previous examination pursuant to the requirements of this section.
(3) A license renewal medical examination shall not be required for a pilot or inland pilot who will be 50 years of age or over on the date his or her license expires, unless at least one year has elapsed since his or her previous examination pursuant to the requirements of this section.
(c)(1) A physician performing an examination required by these regulations shall retain the records and any detailed report of the examination and shall not provide either to the Board, except upon the written authorization of the person examined or when the physician has been notified that an appeal has been made as authorized by subsection (e)(4) of this section. The examining physician shall provide the results of his or her examination to the Administrative Assistant/Secretary by stating, in writing, only one of the following possible findings:
(A) Fit for Duty ("FFD"), which shall signify that the examining physician finds the person examined mentally and physically qualified for duty as a pilot, inland pilot or pilot trainee in all areas addressed in the Code, these regulations and the guidelines set forth in the REFERENCE GUIDE FOR PHYSICIANS cited in subsection (a)(1) of this section.
(B) Not Fit for Duty ("NFFD"), which shall signify that the examining physician finds the person examined mentally or physically unqualified for duty as a pilot, inland pilot or pilot trainee in one or more of the areas addressed in the Code, these regulations and the guidelines set forth in the REFERENCE GUIDE FOR PHYSICIANS cited in subsection (a)(1) of this section.
(C) Permanently Not Fit for Duty ("PNFFD"), which shall signify that the examining physician finds the person examined mentally or physically unqualified for duty as a pilot, inland pilot or pilot trainee in one or more of the areas addressed in the Code, these regulations and the guidelines set forth in the REFERENCE GUIDE FOR PHYSICIANS cited in subsection (a)(1) of this section, and the examining physician is of the opinion that the mental or physical condition of the person examined is such that he or she will never again be mentally or physically qualified for duty as a pilot, inland pilot or pilot trainee, as appropriate.
(d) If the Board obtains information from a source other than the report of a Board ordered medical examination made pursuant to subsection (c) of this section that at any time leads it to believe that a pilot or inland pilot has become unable to comply with the standards of health or physical condition required to perform the duties of a pilot or inland pilot, that person shall be required to be examined in accordance with the Code, these regulations and the guidelines set forth in the REFERENCE GUIDE FOR PHYSICIANS cited in subsection (a)(1) of this section. The Board may, without a hearing, temporarily suspend the license of the pilot or inland pilot involved in accordance with s 1180 of the Code pending a hearing and decision on whether or not he or she complies with the standards of health and physical condition necessary to perform the duties of a pilot or inland pilot. A pilot or inland pilot required to be examined pursuant to this subsection and whose license has been temporarily suspended shall submit to an examination within the period of the suspension. A pilot's or inland pilot's failure to submit to the examination required herein may be considered by the Board as evidence sufficient to warrant a finding that such pilot or inland pilot is either NFFD or PNFFD and the Board shall then act in accordance with subsection (e) of this section.
(e)(1) A pilot or inland pilot who is found to be either NFFD or PNFFD by a Board examining physician shall, upon the report being received by the Board, immediately be placed on medical disability leave with the right to appeal the medical finding as provided for in the Code and these regulations. An applicant for a license who is found to be either NFFD or PNFFD shall have his or her application suspended until such time as he or she is found FFD.
(2) A pilot trainee who is found to be either NFFD or PNFFD by a Board examining physician shall, upon the report being received by the Board, immediately be suspended as a pilot trainee with the right to appeal the finding as provided for in the Code and these regulations. If the Board obtains information from a source other than the report of a Board ordered medical examination made pursuant to this section that at any time leads it to believe that a pilot trainee has become unable to comply with the standards of health or physical condition required to perform the duties of a pilot trainee, he or she shall be required to be examined in accordance with the Code, these regulations and the guidelines set forth in the REFERENCE GUIDE FOR PHYSICIANS cited in subsection (a)(1) of this section.
(3) Immediately upon receipt of a report that a pilot, an inland pilot, an applicant for an original license, or a pilot trainee is NFFD or PNFFD, the Board shall mail notice to such person that he or she has been placed on medical disability leave, that his or her application has been suspended or that he or she has been suspended from the pilot trainee training program, as applicable.
(4) A pilot, an inland pilot, an applicant for an original license, or a pilot trainee reported by a Board examining physician to the Board as NFFD or PNFFD may file a written notice of appeal with the Board within 60 days following the date of notification by the Board that he or she has been placed on medical disability leave, has had his or her application for a license suspended, or has been suspended as a pilot trainee, as applicable. A notice of appeal shall specify the determination being appealed and shall designate a physician of the appellant's choice to be assigned to the appellate examining panel. Upon receipt of a notice of appeal, the Board shall immediately arrange to have the appellant examined by one physician selected by the Board from its panel of physicians, by the physician designated by the appellant in his or her notice of appeal, and by a third physician selected by agreement of the first two physicians. If a notice of appeal fails to designate a physician of the appellant's choice, it shall not be considered defective; however, in such case the Board shall select three physicians from its panel of physicians to review the previous finding of NFFD or PNFFD.
(5) Following selection of the physicians constituting the appellate examining panel, the Administrative Assistant/Secretary shall immediately arrange for the examination of the appellant by each designated physician and provide written notice to the appellant of the date, time, and location for each scheduled examination. If a designated physician cannot complete the required examination and report by the time set by the Board, then the Board, the appellant, or the two physicians, as appropriate, shall select another physician. If at least two of the designated physicians find the appellant to be FFD, then the appellant, if otherwise qualified, shall be restored to the status held immediately prior to being reported to the Board as NFFD or PNFFD.
(6) In the event that a pilot or inland pilot fails to file a timely notice of appeal from a finding of NFFD, or at least two of the physicians constituting the appellate examining panel find the appellant NFFD, he or she shall be continued on medical disability leave. In the event that a pilot or inland pilot fails to file a timely notice of appeal from a finding of PNFFD, or at least two of the physicians constituting the appellate examining panel find the appellant PNFFD, the Board shall hold a hearing within 45 days following the expiration of the appeal period or receipt of the report of the appellate examining panel to determine whether to continue the pilot or inland pilot on medical disability leave or whether to revoke or suspend his or her license, including the placing of any conditions on the suspension if the Board votes for such an action. Unless otherwise ordered by the Board, a decision by it to continue a pilot or inland pilot in a medical disability leave status may subsequently be reviewed by it at the request of the affected pilot or inland pilot or any other interested party, or by the Board on its own initiative. If it is the affected pilot or inland pilot who requests a subsequent hearing, the hearing shall be held within 30 days after the next regularly scheduled meeting of the Board following receipt by it of the request. If it is the Board that acts to hold a subsequent hearing, the hearing shall be held no earlier than 20 days, but no later than 30 days after the date the notice of such a hearing was mailed to the affected pilot or inland pilot.
(7) In the event that an applicant for an original license fails to file a timely notice of appeal from a finding of NFFD, his or her application shall be suspended until the applicant is found FFD, but not to exceed a period of one year. In the event that an applicant for an original license fails to file a timely notice of appeal from a finding of PNFFD, his or her application shall be denied by the Board at its next regularly scheduled meeting.
(8) In the event that a pilot trainee fails to file a timely notice of appeal from a finding of NFFD or PNFFD, the Board shall review the matter to determine whether the pilot trainee shall be continued in the training program subject to attaining a FFD status within a time period specified by the Board, or whether the pilot trainee shall be terminated from the training program. Unless otherwise ordered by the Board either determination may subsequently be reviewed by it at the request of the affected pilot trainee or by the Board on its own initiative.
(9) A hearing conducted by the Board to determine if a pilot or inland pilot complies with the standards of health or physical condition required by the Code, these regulations or the REFERENCE GUIDE FOR PHYSICIANS cited in subsection (a)(1) of this section, shall be conducted in accordance with the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. At such a hearing, the Board shall have all the powers granted therein and by the Code.

Note: Authority cited: Section 1154, Harbors and Navigation Code. Reference: Sections 1106, 1171, 1171.5(a), (c) and (e), 1175(a) and (b), 1176, 1180, 1181(i) and 1183, Harbors and Navigation Code.



s 218. Duties of Port Agent.
(a) A majority of all of the pilots licensed by the Board shall select from among their members one person to act as Port Agent, whose duties shall be to carry out the orders of the Board, under applicable laws, and to otherwise administer the affairs of the pilots as set forth herein. The selection of the Port Agent shall be subject to confirmation by the Board.
(b) The Port Agent shall be responsible for the general supervision and management of all matters related to the business and official duties of pilots.
(c) The Port Agent shall:
(1) Assign Pilots to Vessels.
(A) When assigning pilots licensed by the Board 12 months or less, a supervisory pilot shall also be assigned for the following vessels unless the vessel is proceeding directly from sea to anchorage or from anchorage to sea:
1. all passenger vessels
2. all tank vessels with a length overall in excess of 800 feet
3. all dry cargo vessels with a length overall in excess of 900 feet unless the vessel is outbound and will not require turning for the outbound trip
4. all vessels with a length overall in excess of 700 feet proceeding to or from a drydock, marine repair facility, explosives handling facility, or Richmond Inner Harbor
5. all vessels with a length overall in excess of 600 feet proceeding to or from Redwood City, Pittsburg, Antioch, Sacramento or Stockton
(B) When assigning pilots licensed by the Board 18 months or less, a supervisory pilot shall also be assigned for the following vessels unless the vessel is proceeding directly from sea to anchorage or from anchorage to sea:
1. all passenger vessels
2. all tank vessels with a length overall in excess of 850 feet
3. all dry cargo vessels with a length overall in excess of 950 feet unless the vessel is outbound and will not require turning for the outbound trip
4. all vessels with a length overall in excess of 750 feet proceeding to or from a drydock, marine repair facility, explosives handling facility or Richmond Inner Harbor
5. all vessels with a length overall in excess of 700 feet proceeding to or from Redwood City, Pittsburg, Antioch, Sacramento or Stockton
(C) When assigning pilots licensed by the Board 24 months or less, a supervisory pilot shall also be assigned for the following vessels unless the vessel is proceeding directly from sea to anchorage or from anchorage to sea:
1. all passenger vessels
2. all tank vessels with a length overall in excess of 900 feet
3. all vessels with a length overall in excess of 800 feet proceeding to or from a drydock, marine repair facility, explosives handling facility or Richmond Inner Harbor
4. all vessels with a length overall in excess of 750 feet proceeding to or from Redwood City, Pittsburg, Antioch, Sacramento or Stockton
(D) For purposes of this subsection, the Port Agent may permit the supervisory pilot to board inbound vessels and disembark from outbound vessels in central San Francisco Bay.
(E) The Port Agent may deviate from the requirements of this subsection to assign a supervisory pilot whenever, in his or her judgment, the safety of persons and property and the protection of the marine environment would be better served by such deviation, and shall promptly report such deviation and the reasons therefor to the Board's Executive Director.
(F) When assigning pilots to vessels transiting Monterey Bay, the Port Agent shall assign only those pilots holding current pilotage endorsements for Monterey Bay.
(2) Prepare and administer the pilots' vacation schedule.
(3) Represent pilots before the Board and its committees.
(4) Collect data, prepare accounts, and make the payments to the Board required of pilots by the Code and these regulations. The data referred to in this subsection shall include at a minimum, the name, class, high gross tonnage, and deep draft of each vessel subject to pilotage.
(5) Identify each boat used by the pilots and notify the Board of the names of the pilots responsible for the management of each such boat.
(6) Report to the Board all accidents, groundings, collisions or similar navigational incidents involving vessels to which a pilot has been assigned.
(7) Report to the Board any matter which, in his or her opinion, affects the ability of a pilot to carry out his or her lawful duties.
(8) Ensure that at all times adequate pilots and pilot vessels are available for the performance of the lawful duties of pilots, except when weather or other conditions result in the Bar being closed.
(9) Order the Bar closed for reasons of public, pilot, or vessel safety.
(d) In carrying out his or her duties, the Port Agent shall be primarily guided by the need for safety of persons, property, vessels and the marine environment.
(e) The Port Agent may delegate to any other pilot one or more of the duties set forth herein if, in his or her opinion, delegation is necessary to assure its proper performance. The Port Agent shall, however, remain responsible for the proper performance of any duty so delegated.
(f) The Port Agent shall report to the Board in writing whenever any pilot is absent from duty because of illness lasting longer than seven days. The report shall state the nature of the illness, the probable duration of the pilot's absence from duty and the anticipated date of his or her return to duty. The Port Agent shall also report to the Board, in writing the date of departure from and return to duty of any pilot who is on a leave of absence.
(g) In the event of a serious marine incident, as that term is defined in Title 46, Code of Federal Regulations, Section 4.03-2, or in any successor regulations thereto, which incident involved an assigned pilot, the Port Agent shall direct that pilot to undergo timely drug and alcohol testing, pilotage duties and safety permitting. Such testing shall conform to applicable regulations of the U.S. Coast Guard for post incident drug and alcohol testing of merchant vessel personnel (currently at Title 46, Code of Federal Regulations, Subpart 4.06). In the event of a navigational incident involving an assigned pilot which results in the holing of the hull of a vessel, a rebuttable presumption shall exist that the incident meets the definition of a serious marine incident for the purposes of this subsection.
(h) If the Port Agent has reasonable cause to believe that an assigned pilot has been impaired by drug or alcohol while on duty, he or she shall direct that pilot to undergo timely drug and alcohol testing, pilotage duties and safety permitting. Where practicable, the Port Agent shall make his or her reasonable cause determination in combination with two other pilots. The Port Agent shall expeditiously inform the U.S. Coast Guard and the Board, orally and in writing, of his or her determination and the basis therefor. Such drug and alcohol testing shall conform to applicable regulations of the U.S. Coast Guard for reasonable-cause drug and alcohol testing of merchant vessel personnel (currently at Title 46, Code of Federal Regulations, Sections 16.250 and 16.301 to 16.380).
(i) Upon being directed by the Port Agent to obtain drug and alcohol testing pursuant to this section, a pilot shall expeditiously proceed, piloting duties and safety permitting, to an appropriate facility used by the pilots for drug and alcohol testing and meeting U.S. Coast Guard requirements (currently at Title 46, Code of Federal Regulations, Sections 16.301 and 16.340), and shall obtain such drug and alcohol testing, as directed. An unreasonable failure by a pilot to obtain drug and alcohol testing as directed under this section shall result in a rebuttable presumption that the pilot had been impaired by drug or alcohol while on duty in violation of Harbors and Navigation Code Section 1181(f). In addition, the Port Agent shall promptly notify the U.S. Coast Guard and the Board, orally and in writing, of the failure by a pilot to undergo drug and alcohol testing as directed under this section.

Note: Authority cited: Section 1154, Harbors and Navigation Code. Reference: Sections 1100, 1101(c), 1101(f), 1130, 1171.5, 1177(c) and 1181(f), Harbors and Navigation Code; and Title 46, Code of Federal Regulations, Section 4.03-2 and Part 16.



s 219. Duties of Pilots and Inland Pilots.
(a) Each pilot and inland pilot, either in person or in the case of a pilot, through the Port Agent, shall bill and use all legal means to collect from each vessel or other responsible party the surcharges established by the Code and the Board and shall transmit all such revenues to the Board monthly or at such later time as the Board may direct. Each pilot, either in person or through the Port Agent, shall bill and use all legal means to collect the pension plan surcharge from each vessel or other responsible party at the rates determined pursuant to Section 1165 of the Code, and shall transmit monthly all such revenues to the fiduciary agent selected by the Board pursuant to Section 1162 of the Code. The Port Agent or any pilot or inland pilot may petition the Board for approval to cease or limit collection efforts required by this section on the basis that such efforts would not be economic in light of the costs of collection. The Board may approve such petition if, in the opinion of the Board, such efforts would not be economic in light of the costs of collection. The Administrative Assistant/Secretary shall record the accounts in full detail in a book prepared for that purpose, which account book shall be a public record.
(b) A pilot designated by the Port Agent to pilot the next vessel requiring a pilot shall be on call, alert, and immediately available for assignment by the pilot office dispatcher. Every pilot is required to perform his or her full share of assignments as a pilot unless prevented by illness or other cause satisfactory to the Port Agent and the Board.
(c) The pilots shall keep one pilot boat cruising outside of the Bar for known arrivals and departures, except when an emergency condition exists or when the Bar is closed.
(d) A pilot on board a cruising pilot boat shall always take inbound vessels which desire the services of a pilot in their order of arrival. In case of simultaneous arrivals, the vessel closest to shore shall have priority. Except in cases of distress or medical emergency, vessels providing sufficient advance notification shall have priority over vessels providing insufficient or no notification.
(e) A pilot shall not leave a vessel outward bound inside the ten fathom curve without the express consent of the vessel's master.
(f) Pilot boats shall not be permitted to leave their particular service in port or at sea, except to assist a vessel in distress unless authorized by the Board or requested by the Coast Guard to do so.
(g) When a vessel with an assigned pilot on board is involved in a navigational incident, including, but not limited to, all incidents involving the grounding of a vessel, the striking of any object or injury or damage to persons or property, the pilot shall, as soon as possible, duties permitting, notify the Port Agent of the navigational incident by the most rapid means available. When the Port Agent becomes aware of a navigational incident involving a pilot, whether reported by a pilot or otherwise, he or she shall immediately notify the Executive Director of the Board or the Board's designated representative. If he or she is unable to notify that person, he or she shall notify any Board member. The pilot assigned to the vessel at the time of the navigational incident shall render a full and truthful signed written report of the navigational incident to the Board within a reasonable time after the incident. The statement required by this subsection shall not be used in evidence against a pilot in any hearing conducted pursuant to Section 221, except for the purpose of impeachment.
(h) When a vessel with an inland pilot on board is involved in a navigational incident, including but not limited to, all incidents involving the grounding of a vessel, the striking of any object or injury or damage to persons or property, the inland pilot shall, as soon as possible, duties permitting, notify the Executive Director of the Board or the Board's designated representative of the navigational incident by the most rapid means available. If he or she is unable to notify that person, he or she shall notify any Board member. The inland pilot assigned to the vessel at the time of the navigational incident shall render a full and truthful, signed written report of the navigational incident to the Board within a reasonable time after the incident. The statement required by this subsection shall not be used in evidence against an inland pilot in any hearing conducted pursuant to Section 221, except for the purpose of impeachment.
(i) There shall be at least two pilot boats in commission at all times, unless the Board has authorized a lesser number.
(j) A pilot shall not be permitted to use any pilot boat which has not been approved by the Board as a safe and suitable vessel for pilotage service. Each pilot boat shall be surveyed at least once every two years by a surveyor approved by the Board and shall not be operated unless the surveyor has rendered a written report that the boat is in a good and seaworthy condition with respect to its hull and equipment.
(k) A pilot, an inland pilot or the Port Agent, when notified to report in person to the Board, shall report as directed in the notification.
(l) A pilot shall pilot only the vessels assigned to him or her by the Port Agent.
(m) A pilot and an inland pilot shall keep his or her current address and residence telephone number on file with the Board by submitting the required information to the Administrative Assistant/Secretary in a timely fashion.
(n) A pilot and an inland pilot shall obey all regulations of the Board.
(o) All accounts rendered to the Board by or on behalf of a pilot or inland pilot shall be true and correct to the best of the pilot's or inland pilot's knowledge and belief. A pilot and an inland pilot is under a duty to inform himself or herself as to facts contained in any such accounting rendered to the Board.
(p) A pilot shall not be absent from duty for more than 30 consecutive days without obtaining a leave of absence from the Board, unless such absence is caused by his or her sickness or personal injury.
(q) A pilot incapacitated for medical reasons for more than seven consecutive days shall provide the Port Agent and the Board with a doctor's prognosis, if possible, of when the pilot will be fit to return to duty. If the medical disability continues for either 30 consecutive days or a total of 30 days in any 60 day period, the Board may require the pilot to be medically examined in accordance with subsection (d) of Section 217.
(r) A pilot and an inland pilot shall exhibit his or her license when requested to do so by the master of any vessel which the pilot or inland pilot has boarded.
(s) A pilot and an inland pilot shall not perform any of the duties of a pilot or an inland pilot while intoxicated or under the influence of any substance or combination of substances which so affects his or her nervous system, brain or muscles as to impair, to an appreciable degree, the ability to properly perform his or her duties.
(t) A pilot and an inland pilot shall not, through ignorance, willfulness or neglect, run a vessel on shore, or otherwise render a vessel liable for damage to persons, property or the marine environment during the performance of his or her duties as a pilot or inland pilot.
(u) A pilot and an inland pilot shall always obey the applicable Rules of the Road for the navigation of vessels and shall, under all circumstances, perform his or her duties in a manner so as not to endanger persons, property or the marine environment or cause damage, injury or loss of life.
(v) While engaged in any piloting activity, a pilot and an inland pilot shall obey all applicable laws and conduct himself or herself so as not to cause injury or damage to persons, property or the marine environment.
(w) Upon being directed by the Port Agent, or, in the case of an inland pilot, the Executive Director, to obtain drug or alcohol testing pursuant to the requirements of Section 218, the pilot or inland pilot shall expeditiously proceed, piloting duties and safety permitting, to an appropriate facility used by the pilots for drug or alcohol testing and meeting U.S. Coast Guard requirements (currently at Title 46, Code of Regulations, Sections 16.301 and 16.340), and shall obtain such drug or alcohol testing, as directed. An unreasonable failure by a pilot or inland pilot or inland pilot to obtain drug or alcohol testing as directed shall result in a rebuttable presumption that the pilot or inland pilot had been impaired by drug or alcohol while on duty in violation of Harbors and Navigation Code Section 1181(f).
(x) When a pilot is assigned to a vessel for remedial, refresher or continued training, a supervisory pilot shall be assigned who shall retain the ultimate responsibility for the safe pilotage of the vessel throughout the time that the supervisory pilot is on board.
(y) The license of any pilot or inland pilot who fails a chemical test for dangerous drugs as defined in Section 202 of this Chapter, shall be immediately suspended, and if the charge of failing a chemical test for dangerous drugs is proven following a hearing pursuant to Harbors and Navigation Code Section 1182, the license shall be revoked.

Note: Authority cited: Section 1154, Harbors and Navigation Code. Reference: Sections 1100, 1101(c), 1101(f), 1130(a), 1131, 1133, 1136(b), 1137, 1138, 1139, 1141(d), 1157, 1159.1, 1162, 1165, 1171.5, 1175, 1180, 1181, 1195 and 1196, Harbors and Navigation Code; and Title 46, Code of Federal Regulations, Section 4.03-2 and Part 16.



s 220. Duties of Pilot Trainees.
(a) A pilot trainee shall obey all regulations of the Board.
(b) A pilot trainee absent from his or her duties without permission is liable to suspension and forfeiture of stipend, if any, for the period of absence. A pilot trainee may not be absent from duty for more than 30 consecutive days without obtaining a leave of absence from the Board, unless such absence is caused by the pilot trainee's sickness or personal injury, in which case a leave of absence from the Board shall be obtained if the absence extends for more than 60 days.
(c) A pilot trainee shall not perform any duties of a pilot trainee while intoxicated or under the influence of any substance or combination of substances which so affects the pilot trainee's nervous system, brain or muscles as to impair, to an appreciable degree, the pilot trainee's ability to properly perform his or her duties.
(d) A pilot trainee shall not, through ignorance, willfulness or neglect, cause a vessel to run on shore or to become exposed to liability for damage to persons or property, or otherwise cause injury or damage to persons, property or the marine environment during the performance of his or her duties as a pilot trainee.
(e) A pilot trainee shall always obey the applicable Rules of the Road for the navigation of vessels and shall, under all circumstances, perform his or her duties in a manner which does not endanger persons, property or the marine environment or cause damage, injury or loss of life.
(f) A pilot trainee shall obey all lawful instructions and directives given to him or her, or to pilot trainees in general, by the Pilot Evaluation Committee or by any member of such Committee, the Port Agent or his or her designee.
(g) A pilot trainee, when notified to report in person to the Board, shall report as directed in the notification.
(h) A pilot trainee shall only train on vessels assigned to him or her by the Port Agent, his or her designee or a member of the Pilot Evaluation Committee.
(i) A pilot trainee shall keep his or her current address and residence telephone number on file with the Board by submitting the required information to the Administrative Assistant/Secretary in a timely fashion.
(j) While engaged in any pilot trainee activity, a pilot trainee shall obey all applicable laws and conduct himself or herself so as not to cause injury or damage to persons, property or the marine environment.
(k) Any pilot trainee who fails a chemical test for dangerous drugs, as defined in Section 202, shall be immediately suspended from further training and, if, after a hearing held pursuant to subsection (f) of Section 214, the Board determines that the trainee failed a chemical test for dangerous drugs, the trainee shall be dismissed from the training program.

Note: Authority cited: Section 1154, Harbors and Navigation Code. Reference: Sections 1100, 1101(c), 1101(e), 1101(f) and 1171.5, Harbors and Navigation Code.



s 221. Charges and Proceedings Concerning Licenses.
(a) When an accusation recommending the suspension or revocation of a pilot's or inland pilot's license has been filed with the Board pursuant to subsection (d) of Section 210, the accusation shall be served on the pilot or inland pilot in accordance with Section 11505 of the Government Code. A hearing shall be conducted in accordance with the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code to determine if cause exists to take action against the license of the pilot or inland pilot who is the subject of the accusation. At such a hearing, the Board shall have all the powers granted therein and by the Code.
(b) If the Board finds reasonable cause to believe that the public interest requires that the license of a pilot or inland pilot be summarily suspended pending a hearing on charges of violating the Code or the regulations issued by the Board, or of other misconduct, the Board may, without a hearing, temporarily suspend the license of the pilot or inland pilot involved for a period not exceeding 40 days pending a hearing and decision on the charges. Thereafter, unless an accusation on the charges is served on the pilot or inland pilot as provided in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, within six days after the suspension becomes effective, the suspension shall terminate at the end of the sixth day. The Board may revoke the temporary suspension at any time it determines that the public interest no longer requires it.
(c) If a hearing on an accusation against a pilot or inland pilot results in a finding of misconduct, the Board may order the pilot's or inland pilot's license revoked, suspended outright for a specified period of time, or suspended on probationary restriction for a specified period of time on such terms and conditions of probation as in its judgment are supported by its findings. The Board may also issue such other lawful orders it considers to be appropriate on the basis of its findings.
(d) The license of a pilot or inland pilot who is the subject of a pending accusation, except in the case of a hearing or an accusation brought pursuant to subsection (e)(6) of Section 217, shall be subject to renewal or non-renewal on the same terms and conditions as if the accusation were not pending. The renewal of the license of a pilot or inland pilot against whom an accusation is pending shall not be used as evidence in any manner in connection with or at the hearing on the pending accusation.
(e) An accusation may be terminated by written stipulation at any time prior to the conclusion of the hearing on the accusation. Any such stipulation shall comply with the provisions of subsection (d) of Section 210. If a pilot or inland pilot submits a proposed stipulation to the Board for its consideration and the Board subsequently declines to accept the proposed stipulation, the Board shall not thereafter be disqualified from hearing evidence on the accusation and taking action thereon as authorized in subsection (c) of this section. However, the Board shall not consider the proposed stipulation as evidence for any purpose, and its decisions shall be based solely on the evidence presented to it at the hearing.
(f) The Board may at any time between the service of an accusation and the hearing thereon act to summarily suspend from duty the pilot or inland pilot who is the subject of the accusation. Under such circumstances, the suspension shall remain in effect until further order of the Board, but in no case shall the suspension exceed 40 days.

Note: Authority cited: Section 1154, Harbors and Navigation Code. Reference: Sections 1106, 1150(d), 1180, 1180.3, 1180.6, 1181, 1182 and 1183, Harbors and Navigation Code.



s 222. Conflicts of Interest.
(a) It is recognized that a pilot may acquire or have access to information, before it is available to others, about the movement of vessels. A pilot has a duty not to utilize such information for financial gain or to provide such information to others who may benefit or otherwise profit from obtaining such information before it is generally available to the public.
(b) A pilot shall not provide information or knowledge regarding vessel schedules obtained by the pilot, by virtue of his or her status as a pilot or Port Agent, to any entity except as is necessary to the discharge of his or her duties as a pilot or Port Agent.
(c) To assure that commerce is not disrupted and that fair competition is maintained among tugboat operators and others who provide vessel assistance services on Monterey Bay or on the Bays of San Francisco, San Pablo or Suisun, a pilot shall not have any interest in, or derive any income from, any tugboat in operation on Monterey Bay or on the Bays of San Francisco, San Pablo or Suisun.
(d) Nothing contained in subsection (c) of this section shall prohibit ownership, directly or indirectly, of stock in any corporation registered on a national securities exchange, pursuant to Section 78f of Title 15 of the United States Code, even though the corporation may own tugboats in operation on the waters subject to the Board's jurisdiction.
(e) Nothing contained in subsection (c) of this section shall prohibit any pilot from owning, directly or indirectly, or controlling any barge or vessel similar to a barge. A barge or a vessel similar to a barge for purposes of this subsection is a vessel constructed and operated for the purpose of transporting cargo and which is not used to assist with the movement of vessels.

Note: Authority cited: Section 1154, Harbors and Navigation Code. Reference: Section 1170.3, Harbors and Navigation Code.



s 223. Duty on Outward Bound Vessels.



s 224. Restriction of Service.

Note: Authority cited: Section 1154, Harbors and Navigation Code. Reference: Sections 1125, 1180 and 1181(h), Harbors and Navigation Code.



s 225. Leaving Station.



s 226. Carriage of Letters.

Note: Authority cited: Section 1154, Harbors and Navigation Code. (continued)