PILOTAGE ACT 1913 - SECT 11 Obligations where pilotage is compulsory.

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PILOTAGE ACT 1913 - SECT 11

Obligations where pilotage is compulsory.

11.(1) Subject to subsection (3) of this section, a ship which is being
navigated in a pilotage district in circumstances which the Pilotage Order for
the district specifies as circumstances in which pilotage in the district is
compulsory shall be

(a)under the pilotage of a licensed pilot of the district who, in any such
case as is specified in byelaws made under this Act by the pilotage authority
for the district, is accompanied by an assistant who is also a licensed pilot
of the district or, if the byelaws so provide, has a qualification specified
in the byelaws; or

(b)under the pilotage of a master or first mate who possesses a pilotage
certificate for the district and is bona fide acting as master or first mate
of the ship.

(2) Without prejudice to the generality of the preceding subsection but
subject to the following subsection, a ship which is being navigated in a port
in a pilotage district at a time when

(a)there is a defect in its hull, machinery or equipment which might affect
materially the navigation of the ship; and

(b)the pilotage authority for the district have, at the request of the body
managing or regulating the port, given notice to the master of the ship
stating that the ship is to be under pilotage,

(3) The preceding provisions of this section shall not apply to a ship
belonging to Her Majesty, and a pilotage authority may by byelaws under
this Act provide that a ship which is of a kind described in the byelaws by
reference to its type, size or cargo shall not be required by virtue of the
Pilotage Order for the authority's district to be under such pilotage as is
mentioned in subsection (1) of this section; and in this Act "excepted ship"
means, in relation to a pilotage district, a ship belonging to Her Majesty and
any other ship of a kind described in byelaws made by virtue of this
subsection by the pilotage authority for the district.

(4) If any ship is not under pilotage as required by subsection (1) or (2) of
this section, and either

(a)the master of the ship has not complied with the requirements of byelaws
made under this Act, by the pilotage authority for the district in question,
about requests for pilots; or

(b)a licensed pilot of the district has offered to take charge of the ship,

(5) It shall be a defence in proceedings for an offence under the preceding
subsection to prove that on the occasion to which the charge relates the ship
was being navigated in the pilotage district in question only so far as was
necessary to avoid serious danger to the ship.]

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Northern Irish Legislation

PILOTAGE ACT 1913 - SECT 11