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(continued) tions are pending against the pilot, the Board shall return the bond or the cash deposit upon receipt of the pilot's written request.
(7) An acceptable form of a bond is hereby made a part of this rule as shown in Appendix 1. Copies of the bond may be obtained from the administrator of the Board.
[ED. NOTE: Appendices referenced in this rule are available from the Board]
Stat. Auth.: ORS 776
Stats. Implemented: ORS 776.540
Hist.: MP 1-1983(Temp), f. & ef. 10-5-83; MP 3-1983, f. & ef. 12-15-83; MP 1-1984, f. & ef. 4-5-84; MP 3-1988, f. & cert. ef. 11-9-88; MP 1-1996, f. & cert. ef. 5-9-96
856-010-0020
Incident Reports; Duties to Report
(1) An incident defined as:
(a) An accidental grounding;
(b) An intentional grounding which creates a hazard to navigation, the environment or to the safety of the vessel;
(c) An unintended collision or allision with any object;
(d) Loss of life related to the operation of the vessel;
(e) Serious physical injury related to the operation of the vessel;
(f) Any occurrence resulting in damage to the vessel or other property which may reasonably be expected to be in excess of $10,000, excluding the cost of salvage, cleaning, gas-freeing, drydocking or demurrage; or
(g) Any boarding or unboarding occurrence which places the licensee in peril.
(2) If any incident occurs on a vessel while a licensee or trainee is engaged in the provision of pilotage service for such vessel, the licensee or trainee providing such pilotage service shall file a written report of the incident with the Board. The report shall be filed by the close of business on the fifth calendar day following the incident or within five calendar days after the date upon which the licensee or trainee first became aware of the incident, whichever is later. The report shall be on a form provided by the Board. The report shall include, but not be limited to, the date, time and location of the incident, a detailed narrative description of the nature of the incident and, to the extent known by the licensee or trainee, the cause of the incident and the names and addresses of the witnesses to the incident. In the case of an incident involving loss of life or serious physical injury, the licensee shall immediately notify the Board of the incident.
(3) Any licensee who has reasonable grounds to believe that an incident has occurred and that such incident has not been reported to the Board, shall contact the Board and determine whether a report of the incident has been filed with the Board. If a report of the incident has been filed with the Board, the licensee making the inquiry shall have no further reporting responsibility. If no report of the incident has been filed, the inquiring licensee shall make a written report to the Board regarding the suspected incident. This report, which may be in any reasonable form, shall include a brief statement containing such information about the suspected incident as is known to the reporting licensee. After filing this report, the reporting licensee shall have no further reporting responsibility.
(4) Any person may file a complaint with the board regarding any suspected violation by Board licensees of the statutes and rules regarding pilotage.
(5) Upon receipt of an incident report filed by an involved licensee or by another licensee or upon receipt of a complaint from any person, the board shall conduct an investigation. The Board, on its own initiative, may conduct an investigation involving any matter within its jurisdiction.
(6) Upon receipt of an incident report from another licensee regarding a licensee of the board or upon receipt of a complaint regarding a licensee of the Board, the Board shall provide the involved licensee with a copy of the report or complaint. When the involved licensee receives from the Board a copy of an incident report filed by another licensee or a copy of a complaint filed with the Board, the involved licensee shall provide the Board with a written statement that includes, but is not limited to, a detailed narrative explanation of the occurrence and a detailed response to the statements in the report. The written statement required by the involved licensee shall be filed with the Board at the close of business on the fifth calendar day following receipt of the report from the Board.
Stat. Auth.: ORS 776
Stats. Implemented: ORS 776.115 & ORS 776.118
Hist.: PC 1, f. 10-29-57, ef. 7-1-57; MP 2-1984, f. & ef. 10-4-84; MP 1-1992, f. & cert. ef. 4-29-92; MP 2-1995, f. & cert. ef. 1-24-95
856-010-0025
Failure to Report
The license of any pilot who fails, neglects, or refuses to report to the Board, or U.S. Coast Guard, as required by these rules for a period of ten days after the date required may be suspended; and if the pilot fails to report for a period of 30 days, the pilot will be suspended until the pilot has satisfactorily responded to the Board.
Stat. Auth.: ORS 776
Stats. Implemented: ORS 776.115
Hist.: PC 1, f. 10-29-57, ef. 7-1-57; MP 2-1984, f. & ef. 10-4-84; MP 1-1992, f. & cert. ef. 4-29-92
856-010-0026
Pilot Trainee Selection - Coos Bay Bar and Yaquina Bay Bar Pilotage Grounds
(1) Applicants for trainee positions must submit their applications to the Board of Maritime Pilots on forms provided by the Board. When the Board determines that a need for a trainee exists, it shall select from among the eligible applicants the best qualified for training. Selection must be based upon numerical ranking according to the point system set forth below. The person selected shall be appointed for training on both pilotage grounds.
(2) Applicants for trainee positions shall be ranked based upon a point system, with points awarded for each of the following categories:
(a) Academic: Graduation from high school or equivalent certification: 10 points. Two or more years at an accredited college or university: 5 points. Post-graduate or professional degree: 5 points. Completion of a four-year course of study at an accredited maritime academy: 10 points. Maximum total points under this section is 25.
(b) Previous Maritime Experience and Licensure: Federal First Class Pilot License for the Coos Bay Bar or the Yaquina Bay Bar: 10 points. Federal unlimited radar observer endorsement: 5 points. 1,460 or more active working days as master of towing vessels: 20 points. 1,460 or more working days as master of vessels greater than 1600 gross tons: 10 points. 50 or more crossings of the Coos Bay or Yaquina Bay Bar as master of towing vessels or master of vessels greater than 1600 gross tons: 20 points. Unlimited state pilot license for a pilotage ground other than Coos Bay Bar or Yaquina Bay Bar: 10 points. Additional certified training in each of the following categories: Bridge Resource Management, Emergency Medical Training, Hazardous Materials, Marine Firefighting, Oil Spill Control: 1 point each, up to a maximum of 5 points. Maximum total points under this section is 55.
(c) Interview: Every applicant with a combined point total of 35 or more from points awarded under subsections (a) and (b) shall be interviewed by three or more members of the Board, provided at least one member is a public member, one member is a pilot member from the Coos Bay Bar or Yaquina Bay Bar Pilotage Ground, and one member is a member engaged in the activities of a company that operates commercial ocean-going vessels. Each person interviewed shall be assigned from 0 to 35 points based on the interviewee's poise and confidence, potential as an asset to the pilotage system, recommendations from within the maritime community, knowledge of trade and commerce, and such other factors as may be deemed relevant by the Board.
Stat. Auth.: ORS 776
Stats. Implemented: ORS 776.115, 776.300
Hist.: BMP 1-2006, f. & cert. ef. 1-30-06
856-010-0028
Pilot Exchanges
(1) The recommended area for the exchange between the Bar Pilots and River Pilots is upstream of River Mile 15. Failure to complete the exchange at the recommended location will not, by itself, subject a pilot to discipline by the Board, but in the event of an incident in which it is determined that the exchange took place downstream of River Mile 15, the burden will be on the transferee pilot to show that the place of the exchange was not a contributing factor to the incident. For purposes of this section, pilot "exchange" occurs when the transferor pilot relinquishes the conn and the transferee pilot takes the conn of the vessel.
(2) A pilot exchange shall not be completed until the transferor pilot has communicated all information that is, in the opinion of the transferor pilot, necessary for the transferee pilot to continue with the safe navigation of the vessel, and the transferee pilot shall not accept the conn until satisfied that he or she has received sufficient information to continue with the safe navigation of the vessel.
(3) As soon as practicable after boarding a vessel, the pilot shall conduct an information exchange with the vessel's master or other officer apparently in charge. The information exchange shall address those subjects that are, in the pilot's opinion, necessary for safe navigation of the vessel.
Stat. Auth.: ORS 776
Stats. Implemented: ORS 776.115
Hist.: BMP 2-2003, f. & cert. ef. 3-21-03
856-010-0035
Disciplinary Actions
(1) Absence from Pilotage Grounds. A pilot must request in writing to the Board on the form provided by the Board permission to be absent from the pilotage ground for a period of more than sixty days. The Board will discipline any pilot who is absent from the pilotage ground for a period of more than 60 days without permission of the Board. A pilot who has been granted permission to be absent from piloting duties for a period of more than 60 days shall, at the end of 180 days, reapply in writing for an extension or shall return to duty. The pilot must notify the Board in writing, ten days prior to returning to the pilotage ground, of the pilot's intention to return to duty. A pilot who has been absent with permission from piloting duties for more than 180 days shall notify the Board in writing on the form provided by the Board of the pilot's intention to return to the pilotage ground and will be required to make as many trips under the supervision of an unlimited state-licensed pilot as the Board determines are necessary to refamiliarize the pilot with the pilotage ground.
(2) Suspension or Revocation of Federal License. The state license of any pilot whose federal license is suspended or revoked shall be subject to suspension or revocation for the same period. The state license shall be reinstated upon restoration of the federal license. The pilot so affected may apply to the Board for a review of the case while under suspension. If the review of the case shows that circumstances warrant modification of the pilot's suspended status, the Board may order the pilot's state license restored, or it may take any other appropriate action.
(3) Upon suspension, revocation or other disciplinary action taken by the Board against a state-licensed pilot, the U.S. Coast Guard shall be notified by the Board in writing within 24 hours.
(4) Pilots shall not refuse to provide pilotage service unless necessary for their own or public safety. If a representative of the vessel requesting piloting service contests a pilot's determination concerning safety, then, the vessel's representative may seek a determination by the Board.
(5) Other Causes for Discipline. See the following administrative rules for other causes for discipline of licensee:
(a) OAR 856-010-0015, failure to comply with requirements for renewal;
(b) OAR 856-010-0019, failure to present surety bond or deposit;
(c) OAR 856-010-0025, failure to report incident to Board;
(d) OAR 856-010-0025, failure to report incident to U.S. Coast Guard;
(e) OAR 856-010-0035, refusal to provide pilotage service;
(f) OAR 856-010-0045, grounds for pilot discipline.
Stat. Auth.: ORS 776
Stats. Implemented: ORS 776.115
Hist.: PC 1, f. 10-29-57, ef. 7-1-57; MP 5-1983, f. & ef. 12-15-83: MP 2-1984, f. & ef. 10-4-84; MP 3-1988, f. & cert. ef. 11-9-88; MP 1-1992, f. & cert. ef. 4-29-92; MP 1-1997(Temp), f. & cert. ef. 9-30-97
856-010-0045
Grounds for Pilot Discipline
The board may revoke or suspend a pilot's license, impose on the pilot a civil penalty of not more than $250 for each offense, or issue the pilot a written reprimand if the board finds, after notice and hearing, that:
(1) The physical health of a pilot is such that the pilot is not physically capable of competently exercising the license privilege and performing the work involved without creating an unreasonable risk of harm to the pilot or to the person or property of others.
(2) The mental or emotional health of a pilot is such that the pilot is not competent to exercise the license privilege and is unable to perform the work involved without creating an unreasonable risk of harm to the pilot or to the person or property of others.
(3) The pilot has committed a criminal act, the facts and circumstances of which bear a demonstrable relationship to the exercise of the license privilege. Conviction of a crime is not required to discipline a pilot under this provision.
(4) The pilot uses or has used alcohol, drugs, or any other substance in such a manner as to impair the pilot's physical or mental ability to exercise the license privilege without creating an unreasonable risk of harm to the pilot or the person or property of others.
(5) The pilot has failed to make a timely report to the board as required by these rules.
(6) The pilot when summoned to testify before the board has failed to appear before the board, or has failed to answer under oath any question touching on any matter connected with the pilot's service or the pilotage ground over which the pilot is licensed as a pilot.
(7) The pilot has been absent from the pilotage ground for a period of sixty (60) days without the express permission of the board.
(8) The pilot's federal license has been suspended or revoked.
(9) The pilot has engaged in conduct involving dishonesty or misrepresentation, the facts and circumstances of which bear a demonstrable relationship to the exercise of the license privilege.
(10) The pilot has failed to exercise the license privilege competently or diligently.
(11) The pilot has violated any provision of ORS 776.015 through 776.991 or any rule of the Board.
(12) The pilot has failed to post or maintain a surety bond or cash deposit.
(13) The pilot has failed to obey a directive issued by an officer of the United States Customs Service, the United States Coast Guard or other law enforcement agency when such a directive could have been complied with safely.
(14) The pilot or trainee has failed to comply with the provisions of an agreement in lieu of discipline, entered into pursuant to OAR 856-010-0048.
Stat. Auth.: ORS 776
Stats. Implemented: ORS 776.116 & ORS 776.325
Hist.: MP 1-1988(Temp), f. & cert. ef. 2-5-88; MP 2-1988, f. & cert. ef. 5-4-88; MP 1-1992, f. & cert. ef. 4-29-92; MP 1-1996, f. & cert. ef. 5-9-96; BMP 2-2001, f. & cert. ef. 5-21-01
856-010-0047
Disciplinary Sanctions
(1) Upon determination by the Board that a pilot is subject to discipline under OAR 856-010-0045, the Board may consider the following factors in determining the appropriate sanction to be imposed:
(a) The nature of the violation;
(b) The facts and circumstances of the violation;
(c) The mental state of the pilot in committing the violation, e.g., whether the violation was intended or unintended;
(d) The extent of the harm or injury caused by the violation or the potential for harm or injury;
(e) Any aggravating or mitigating circumstances.
(2) The Board may consider the following factors as aggravating circumstances when imposing a disciplinary sanction:
(a) Prior disciplinary actions;
(b) Dishonest or selfish motive;
(c) A series of violations;
(d) Multiple violations;
(e) Failure to cooperate with the Board in the investigation and the disciplinary proceeding;
(f) Submission of false testimony or evidence in the disciplinary proceeding;
(g) Refusal to acknowledge the wrongful nature of the misconduct;
(h) Substantial experience in pilotage;
(i) Indifference to making restitution;
(j) Any other aggravating circumstances.
(3) The Board may consider the following factors as mitigating circumstances when imposing a disciplinary sanction:
(a) Absence of prior disciplinary actions;
(b) Absence of a dishonest or selfish motive;
(c) Personal or emotional problems;
(d) Timely good faith efforts to make restitution or to rectify the consequences of the misconduct;
(e) Full and free disclosure to the Board in the investigation and the disciplinary proceeding;
(f) Inexperience in pilotage;
(g) Physical or mental impairment;
(h) Single act of misconduct or previous misconduct remote in time from present offense;
(i) Interim rehabilitation efforts between the time of the misconduct and Board proceeding;
(j) Imposition of other penalties or sanctions by other authorities;
(k) Remorse;
(l) Any other mitigating circumstances.
(4) The Board considers the following factors as being neither aggravating nor mitigating circumstances:
(a) Absence of complaint regarding the violation;
(b) Attempt by complainant to withdraw complaint;
(c) Forced or compelled restitution;
(d) Complainant's recommendation regarding sanction.
Stat. Auth.: ORS 776
Stats. Implemented: ORS 776.115
Hist.: MP 1-1992, f. & cert. ef. 4-29-92
856-010-0048
Preventative, Corrective or Remedial Actions
(1) Notwithstanding any other provision of its regulations, the board may enter into a written agreement with a licensee in lieu of license suspension or revocation proceedings or any other disciplinary alternative. The board may enter into an agreement pursuant to this section if, after the preliminary investigation of an incident or other occurrence is complete, it appears that the licensee, the pilotage system or the public interest will be served by preventative, corrective or remedial action. An agreement between the board and a licensee may include any preventative, corrective or remedial measures including, but not limited to:
(a) Supervised retraining trips for the licensee under the supervision of pilots from the training organization for the pilotage ground;
(b) Completion of computerized simulated ship-handling training, manned model training, radar observer training, or such other training or course work as may be appropriate under the circumstances that is in addition to continuing professional development training required of all licenses;
(c) Counseling relating to the duties and obligations of a pilot; or
(d) Issuance by the board of a letter of warning or concern to the licensee.
(2) An agreement entered into between a licensee and the board pursuant to this section shall not be considered an admission of a violation of statute or rule and the agreement shall not be considered to be a board determination of a violation of statute or rule on the part of the licensee who enters into the agreement. The preventative, corrective or remedial measures contained in such agreement and the licensee's compliance with the agreement may be considered by the board in any subsequent proceeding in which such matters are relevant.
(3) A licensee who enters into an agreement with the board must complete all requirements in the agreement within the time period specified in the agreement. Failure by the licensee to complete any agreed upon remedial or corrective measures shall constitute a separate ground for discipline pursuant to OAR 856-010-0045.
Stat. Auth.: ORS 776
Stats. Implemented: ORS 776.115
Hist.: BMP 2-2001, f. & cert. ef. 5-21-01
856-010-0050
Pilot Organization Bylaws
Any pilot or organized group of pilots operating under the authority of ORS Chapter 776 and OAR Chapter 856 shall maintain on file with the Board a current copy of their respective group's bylaws and amendments. Hereafter, they shall file with the Board each new amendment adopted by their respective groups in order that the Board may be kept informed of pilot groups' acts and activities.
Stat. Auth.: ORS 776
Stats. Implemented: ORS 776.115
Hist.: MP 1-1992, f. & cert. ef. 4-29-92
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