Section 219 - Duties of Pilots(a) Each 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 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. 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) There shall be at least two pilot boats in commission at all times, unless the Board has authorized a lesser number.(i) 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.(j) A pilot or the Port Agent, when notified to report in person to the Board, shall report as directed in the notification.(k) A pilot shall pilot only the vessels assigned to him or her by the Port Agent.(l) A 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.(m) A pilot shall obey all regulations of the Board.(n) All accounts rendered to the Board by or on behalf of a pilot shall be true and correct to the best of the pilot's knowledge and belief. A pilot is under a duty to inform himself or herself as to facts contained in any such accounting rendered to the Board.(o) 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 from duty is for medical reasons.(p) A pilot absent from duty for medical reasons for more than seven consecutive days shall provide the Port Agent and the Executive Director with a doctor's prognosis, if possible, of when the pilot will be fit to return to duty. If the medical condition causing the absence continues for either 30 consecutive days or a total of 30 days in any 60 day period, a fitness determination shall be required in accordance with Section 217.25(a).(q) A pilot shall exhibit his or her license when requested to do so by the master of any vessel which the pilot has boarded.(r) A pilot shall not perform any of the duties of a 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.(s) A 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.(t) A 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.(u) While engaged in any piloting activity, a 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.(v) Upon being directed by the Port Agent to obtain drug or alcohol testing pursuant to the requirements of Section 218, the 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 49, Code of Federal Regulations, Section 40.81), and shall obtain such drug or alcohol testing, as directed. An unreasonable failure by a pilot to obtain drug or alcohol testing as directed 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).(w) 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.(x) The license of any 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.(y) A pilot shall be equipped with a portable pilot unit while piloting, except as provided in subsection (y)(3) below.(1) The portable pilot unit shall have, at a minimum, the capability to display the following information:(A) Electronic navigational charts published by the National Oceanographic and Atmospheric Administration (NOAA), Office of Coast Survey, or any succeeding agency,(B) The piloted vessel's position and heading on the electronic navigation charts to the accuracy required by the International Maritime Organization for Automatic Identification Systems, and(C) Other navigational information provided through the piloted vessel's Automatic Identification System pilot plug.(2) A pilot shall be trained in the use of portable pilot units.(3) A pilot shall be equipped with a portable pilot unit except when an unacceptable safety hazard prevents its carriage. (A) A pilot shall report to the Port Agency the circumstances of such unacceptable safety hazard within 24 hours of the completion of the vessel transit.(4) Portable pilot units are one of several navigational tools that can provide the pilot with valuable information in the navigation of a vessel, but may still represent emerging and evolving technology with inherent limitations. Whether a portable pilot unit is used in specific circumstances is left to the discretion of the pilot. Nothing in this provision shall be construed as a presumption of fault if a pilot does not use the portable pilot unit when otherwise available, nor shall the lack of a portable pilot unit preclude the pilot from carrying out his or her piloting duties.(z) A pilot shall immediately report to the Executive Director in writing the following: (1) the suspension, revocation, or expiration of the pilot's federal merchant mariner credential; and(2) the suspension, revocation, or expiration of the pilot endorsement to that credential.Cal. Code Regs. Tit. 7, § 219
1. New section filed 5-9-88; operative 6-8-88 (Register 88, No. 20).
2. Renumbering of former section 219 to section 221 and renumbering and amendment of former section 217 to section 219 filed 8-12-93; operative 9-13-93 (Register 93, No. 33).
3. New subsection (w) and amendment of NOTE filed 6-16-94; operative 7-18-94 (Register 94, No. 24).
4. Amendment of subsections (t)-(v), new subsection (x) and amendment of NOTE filed 2-23-95; operative 3-27-95 (Register 95, No. 8).
5. New subsection (y) and amendment of NOTE filed 4-20-98; operative 5-20-98 (Register 98, No. 17).
6. Amendment of section and NOTE filed 6-3-2003; operative 7-3-2003 (Register 2003, No. 23).
7. New subsections (z)-(z)(4) and amendment of NOTE filed 11-9-2010; operative 12-9-2010 (Register 2010, No. 46).
8. Amendment of subsection (g) and NOTE filed 7-3-2012; operative 8-2-2012 (Register 2012, No. 27).
9. Amendment of section heading, section and NOTE filed 1-24-2014; operative 4-1-2014 (Register 2014, No. 4). Note: Authority cited: Section 1154, Harbors and Navigation Code. Reference: Sections 1100, 1101(c), 1101(f), 1130, 1131, 1133, 1136(b), 1137, 1138, 1139, 1141(d), 1157, 1159.2, 1162, 1165, 1171.5, 1175, 1180, 1181, 1195 and 1196, Harbors and Navigation Code; Title 46, Code of Federal Regulations, Section 4.03-2 and Part 16; and Title 49, Code of Federal Regulations, Part 40.
1. New section filed 5-9-88; operative 6-8-88 (Register 88, No. 20).
2. Renumbering of former section 219 to section 221 and renumbering and amendment of former section 217 to section 219 filed 8-12-93; operative 9-13-93 (Register 93, No. 33).
3. New subsection (w) and amendment of Note filed 6-16-94; operative 7-18-94 (Register 94, No. 24).
4. Amendment of subsections (t)-(v), new subsection (x) and amendment of Note filed 2-23-95; operative 3-27-95 (Register 95, No. 8).
5. New subsection (y) and amendment of Note filed 4-20-98; operative 5-20-98 (Register 98, No. 17).
6. Amendment of section and Note filed 6-3-2003; operative 7-3-2003 (Register 2003, No. 23).
7. New subsections (z)-(z)(4) and amendment of Note filed 11-9-2010; operative 12-9-2010 (Register 2010, No. 46).
8. Amendment of subsection (g) and Note filed 7-3-2012; operative 8-2-2012 (Register 2012, No. 27).
9. Amendment of section heading, section and Note filed 1-24-2014; operative 4-1-2014 (Register 2014, No. 4).