Current through Register Vol. 48, No. 07, July 26, 2024
Section 136-771 - Vessel Traffic Movement RestrictionsA. The pilots may, from time to time, under the authorities of their licenses make general determinations relative to safe vessel movement. These determinations may consider, but not be limited to, vessel draft, state of tide, channel depths, direction of tidal currents, individual vessel maneuvering characteristics, vessel size, presence of other vessels, width of channels, and visibility.B. The pilots shall consider any portended vessel movement that does not meet their criteria for safety as a "Hazardous Condition" and may refuse to serve. Any pilot encountering this situation shall report same accordingly pursuant to subpart 136-770H(2), if the vessel persists in its intentions to move against the advice of the pilots.C. The owners or operators of any vessel adversely affected by a pilot's decision regarding its movement may appeal that decision to the Commissioners; provided, that such decision was not made by the Coast Guard based upon the report of a "Hazardous Condition" by a pilot, in which case the appeal should be made to the Coast Guard.Added by State Register Volume 18, Issue No. 6, eff June 24, 1994. Amended by State Register Volume 32, Issue No. 5, eff May 23, 2008.