STANDARD PILOTAGE CONDITIONS(Revised on 1st October 2019)

THE TOKYO BAY LICENCED PILOTS' ASSOCIATION

1STANDARD PILOTAGE CONDITIONS(Revised on 1st October 2019)
Chapter IGeneral Conditions(Scope of these conditions)
Article 1

The contract for the provision of pilotage services entered into by andbetween a pilot and the contracting party, shall be governed by theseconditions hereinafter set forth.

2.

Any matter not explicitly provided for in these conditions shall be governed bylaw and common custom.

(Status of pilot)
Article 2

The pilot shall provide pilotage services in the capacity of an adviser to themaster of a vessel for the purpose of enhancing the safety of traffic at sea, as
well as contributing to the efficient operation of the vessel.

The master's

responsibility and authority for safe navigation shall not be affected by thepresence of a pilot on board.
Chapter II

Undertaking of Pilotage Services(Application deadline)
Article 3

Those who require a pilotage service shall, in principle, make an applicationthat shall be submitted by noon of the day before the estimated time ofcommencement of the service.

(Method of application)
Article 4

Applicants for pilotage services shall apply to the head office of the Tokyo
Bay Licensed Pilots' Association (hereafter referred to as the Head Office).
In case application for harbor pilotage services in Yokohama or Kawasaki Port
shall be made to the Head Office via the Port and Harbor Bureau, City ofYokohama or Kawasaki respectively, and also application for harbor pilotage
services in Kisarazu Port shall be made to the Head Office via Kohwan
Kanrishitsu, Nippon Steel Logistics Co., Ltd.
Application may be made in writing, by telephone, or by any other reliablemeans of communication.

12.

When making the application described in the preceding paragraph, theapplicant shall provide the relevant office with the following particulars:
Vessel's name, call sign, gross tonnage, length overall, draughts, description
as to whether or not the vessel is a multiple-deck type, the name or tradename
and address of the owner (as defined in Article 3 of the Pilotage Law), whether
the exemption from export tax (under the Consumption Tax Law) is applicableor not, ship’s speeds, kinds of cargo, the estimated time of commencement of
the pilotage service, ship’s berth and sailing route for which the pilotage
service is required, whether or not quarantine is required, and any other items
considered necessary for pilotage.
However, in respect of a vessel of a dual tonnage system or of a nation which
is a non-contracting party to the inter-governmental agreement on tonnage
measurement of ships, having a tonnage certificate showing a set of tonnages
and the indication of vessel’s tonnage varies at the shipper's/consignee's orowner's convenience, the greater tonnage shall be deemed as the gross
tonnage of the vessel provided for in the Pilotage Law.

3.

If the vessel is in an unusual condition, the applicant shall submit all therelevant particulars at least 3 days in advance, regardless of the provisions in
the preceding article.

(Alteration or cancellation of an application)
Article 5

Applicants who wish to alter or cancel an application for pilotage service must
notify the Head Office at least 2 hours before the estimated time ofcommencement of the pilotage service for operations inside the confines of aport area, and at least 3 hours before the estimated time of commencement of
the pilotage service for a passage in Tokyo Bay.

(Refusal to perform pilotage services)
Article 6

The pilot shall have the right to refuse a pilotage service in the following
cases:(1)

if the vessel is considered unseaworthy;(2)

if the weather, the condition of the vessel, the kind of cargo, or the conditionsof fairways, etc. are considered likely to jeopardize the vessel's safenavigation;(3)

if the safe navigation of the pilot boat is likely to be threatened;(4)

if the pilot boarding facilities on board the vessel are not considered reliable;2(5)if there exists any danger of loss of life or injury to the pilot in the performanceof his/her duty;(6)

if the Harbor Master does not permit the vessel to enter or leave the port or
shift within the harbor;(7)

if the pilotage service is requested by the owner of a vessel or its agent who
has failed to pay any outstanding pilotage fees without any justifiable reason;or(8)

if there is any other reasonable and justifiable cause to do so.

(Provision of pilotage services to a large-sized vessel)
Article 7

In order to ensure safe navigation, the pilot may, after agreement with themaster or owner of a vessel, provide pilotage services together with anotherpilot if the vessel is:(1)

an LNG carrier with a gross tonnage of 80,000 or more, or with a cargo tankcapacity of 130,000 m3 or more, which requires pilotage services for a
passage in Tokyo Bay;(2)a vessel of 70,000 gross tons or more which requires harbor pilotage services
in principle (excluding such a vessel departing a port); and(3)under special circumstances, regardless of whether such services are offeredfor operations inside or outside the confines of a port area.

(Provision of pilotage services by a newly qualified pilot)
Article 8

When a pilot still in the training period as specified by the Tokyo Bay Licensed
Pilots' Association, provides pilotage services, he/she may take a moreexperienced pilot to be on board a vessel and jointly provide the pilotage
service, after agreement with the master or owner, for the purpose of improving
his/her knowledge and skills, and enhancing safety.

(Cancellation of pilotage services)
Article 9

The pilot may cancel the contract of pilotage services by giving a notice to themaster or owner of a vessel in any case which comes under one of thefollowing events:(1)

if a pilotage service to be provided for another user is affected by thealteration of the estimated time of commencement of the relevant pilotageservice;(2)

if the weather or sea conditions, and/or the circumstances of the pilotage area3

have remarkably changed since the time of the application;(3)

if the pilot has become ill or involved in an accident;(4)

if the pilot is required to attend to urgent work for the Tokyo Bay Licensed
Pilots’ Association or the Japan Federation of Pilots’ Associations; or(5)if any other circumstances which prevent the provision of the pilotage service
have arisen.

Chapter III

Pilotage(Location of transfer of piloting duties)
Article 10 When a pilot provides a pilotage service for districts listed on an attachedsheet, the pilot may transfer his/her piloting duties to another pilot at thelocation specified on the same sheet.
(Safe means of embarkation and disembarkation)
Article 10-2 When a pilot embarks or disembarks, the master of the vessel shall takeevery precaution for the safety of the pilot and pilot boat, by providing a goodlee, and reducing the vessel's speed to a proper one or stopping the engine.
2.

The master shall ensure that the pilot ladder and other related pieces ofequipment conform to the requirements of Regulation 23, Chapter V of theInternational Convention for the Safety of Life at Sea, 1974.

The master shallalso ensure that the pilot ladder is rigged so that its lowest step will reach thepilot boat, but not become awash with sea water because of its excessivelength.
3.

Where a pilot is involved in an accident, such as a fall, during embarkation
or disembarkation, the master of the vessel shall exert himself to take every
step necessary to rescue, and/or give medical aid to the pilot and, in addition,
accede to a request from the said pilot or his/her representative, to prepare
documents certifying the accident.

(Master's duty to notify)
Article 11 The master of a vessel shall notify the pilot of the vessel's gross tonnage,
draughts, length, type of engine, speeds, complement and functional status ofnautical instruments, steering capability, and other particulars affecting ship’smaneuverability.

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(Master’s obligations to cooperate)
Article 12

The master shall exercise supervision to ensure that the pilot's advice on

maneuvers is put into practice promptly and exactly.
2.

The master shall keep a sharp lookout and, while proceeding through special
waters or within a harbor, post lookouts at suitable places (using radar, if fitted,properly as well) and report anything unusual to the pilot immediately.

3.

The master shall keep engines and anchors ready for use at any time.

4.

The master shall cooperate with the pilot in the use of tugboats and in othermatters required for the safe provision of pilotage services.

(Facilities to be provided by master)
Article 13

The master shall provide facilities for resting or for other needs as requestedby the pilot.
2.

When the pilot brings one or more apprentice pilots on board, the mastershall provide them with similar facilities.

(Taking pilot out of specified pilotage district)
Article 14

The master may not take a pilot out of the pilotage district without any

justifiable cause.

When the master is obliged to do so under unavoidable

circumstances, it is required to immediately report the fact, together withreasons for it, to the appropriate office of the Tokyo Bay Licensed Pilots'
Association and, in addition, provide suitable facilities and treatment for thepilot.
Chapter IV

Pilotage Fees

(Certification of Pilotage Service)
Article 15

Following the completion of pilotage services, the master of the vessel shallfill out and sign a certificate of pilotage as presented to the master by the pilot.
(Pilotage Rates)
Article 16

Pilotage rates shall be in accordance with those submitted by each memberof the pilot’s association to the Minister of Land, Infrastructure, Transport andTourism, pursuant to Article 46, Paragraph 4, of the Pilotage Law.

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(Payment of Pilotage Fees)
Article 17

Pilotage fees shall be paid in cash or by check, within one month counting

from the day of the invoice presented.
2.

If the pilot has not received payments of his pilotage services within thespecified period and without any justifiable reason, the pilot is entitled to:(1)

send a reminder for the payment of the outstanding pilotage fees to the owner
and/or his agent;(2)

demand payment of pilotage fees, including those that remain outstanding
despite receipt of the above reminder, immediately after the provision ofpilotage services, on the next occasion that the pilot is requested to provide
said services;(3) demand, upon requesting the above-mentioned immediate payment, that theowner or his agent makes necessary arrangements to guarantee payment,such as issuance of a letter of guarantee pledging the payment, or provision ofproper security; and(4)refuse to provide pilotage services in accordance with the provisions in (7) of
Article 6 of these conditions, if the owner and/or his agent do not comply withthe requests of the pilot in (2) and (3) above.

Chapter V

Compensation(Cancellation Fee)
Article 18 In one of the following events, the pilot shall be entitled to a cancellation fee
corresponding to 110/100 of an amount of ¥21,600 (or ¥21,600 for a vessel
which is exempted from consumption tax):(1)

if a request for a pilotage service is cancelled, after a pilot has departed, in
response to its original request, from the appropriate office of the Tokyo Bay
Licensed Pilots’ Association;(2)

if, after the pilot has attended to a vessel in response to a request for a pilotage
service, the master of that vessel refuses his/her service without any justifiablereason; or(3)if a request for a pilotage service scheduled to commence between 0000 hours
and 0600 hours, is cancelled at or after 2300 hours on the previous day.

2.

In the event of either (1) or (2) in the preceding paragraph, if the departure timeof the pilot from the appropriate office of the Tokyo Bay Licensed Pilots'6

Association is between 1700 hours and 0800 hours on the following day, thecancellation fee shall be increased to such an amount equivalent to 150/100 of
the one specified in the preceding paragraph.
(Compensation for taking pilot out of pilotage district)
Article 19

When a pilot has been taken out of the pilotage district, he/she shall beentitled to reasonable compensation in an amount corresponding to 110/100 ofa sum total of travelling expenses for his/her return and other necessary
expenses (or a sum total of the travelling expenses for his/her return and othernecessary expenses, for a vessel exempted from consumption tax), excluding
cases where the pilot is responsible for being taken out of the pilotage district.
(Other compensations)
Article 20

The master and owner of a vessel shall compensate for the loss of ordamage to a pilot boat or any other property; or the loss of life or personal
injury, or loss of or damage to personal effects of a pilot, apprentice pilot or any
other person concerned in a pilotage service; arising from any cause
attributable to any of those interested in the vessel.
2.

If a pilot is detained on board a vessel or in a quarantine office, as a result of
the quarantine procedure of the vessel, the master and/or owner of the vessel
shall compensate in an amount corresponding to 110/100 of the necessary
expenses (or the necessary expenses if the vessel is exempted fromconsumption tax).

(Exemption)
Article 21

The master or owner of a vessel shall undertake not to assert any liability orresponsibility against the pilot for any loss or damage sustained by the vessel,
its master or crew, or by any third party, arising or resulting from the negligenceof the pilot in the performance of his/her service.

In this case, the pilot shallnot claim payment of any pilotage fees due in respect of the vessel concerned
against the master or owner.
2.

The master or owner of the vessel shall indemnify the pilot for the portion, ofthe pilot’s liability arising from any action or any other claim pursued by any
third party directly against the pilot, by reason of his/her negligence in theperformance of his/her service, which exceeds the total pilotage fees paid or
payable to the pilot in respect of the vessel concerned. In case where the7

master or owner of the vessel is found liable to pay compensation to the third
party and entitled to limit his liability for claims by the third party, in accordancewith applicable law, he may limit his liability for the above-mentionedindemnification, either to the applicable limitation amount or, in case he has
paid any compensation to the third party directly, to such amount of limitation
after deduction of such payment of compensation to the third party.
3.

The provisions of the preceding two paragraphs shall not apply to such
personal liability of the pilot as may result from his/her personal act or omission,committed with the intent to cause the loss, or recklessly and with knowledge
that such loss would probably result, or any other extreme negligence as isconsidered to be equivalent to the intent.
(Revised on 1st October 2019)8

< Attached sheet (in relation to Article 10) >1. Locations (pilot boarding point or pilot station) where the transfer of pilotage duties
from one pilot to another takes place for vessels entering berths in various ports
inside Tokyo Bay.
(1) Tokyo Port
Waters within a radius of 1.5 nautical miles from a point 000º, 1.0 nautical milefrom the Tokyo offing light buoy.

(2) Kawasaki Port (Entrance to Kawasaki Passage and Ogishima East Fairway)
Waters within a radius of 1.0 nautical mile from a point 125º, 1.0 nautical mile fromKawasaki Passage No. 1 light beacon.
For large-sized vessels, waters within a radius of 1.0 nautical mile from a point 170º,
2.5 nautical miles from Kawasaki Passage No. 1 light beacon.

(3)

Kawasaki Port (Entrance to Ogishima West Fairway)
Waters within a radius of 1.0 nautical mile from a point 125º, 1.0 nautical mile from
Ogishima Fairway No. 1 light buoy.

(4)

Yokohama Port (Entrance to Tsurumi Passage)
Waters within a radius of 1 nautical mile from a point 120º, 2.0 nautical miles from
Yokohama Daikoku Breakwater East lighthouse.

(5) Yokohama Port (Entrance to Yokohama Passage and berths around Nissan
Honmoku Wharf)
Waters within a radius of 1 nautical mile from a point 145º, 1.5 nautical miles from
Yokohama Passage No. 1 light beacon.

(6) Yokohama Port (Entrance to Negishi Fairway and Section 5)
Waters within a radius of 1 nautical mile from a point 125º, 1 nautical mile from
Negishi Fairway No. 1 light beacon.

(7) Chiba Port (Entrance to Chiba, Ichihara, Anegasaki and Shiizu Passages)
Waters within a radius of 1 nautical mile from Chiba Fairway No. 1 light beacon.

(8) Chiba Port (Entrance to Funabashi Fairway)
Waters within a radius of 1 nautical mile from a point 220º, 1 nautical mile from
Funabashi Fairway No. 1 light buoy.

(9) Chiba Port (Entrance to Kitasode and Minamisode Fairways and Tokyo Gas
LNG berth)
Waters within a radius of 1 nautical mile from a point 250º, 1.5 nautical miles fromthe southwestern end of the Keiyo Sea Berth.

(10) Chiba Port (Keiyo Seaberth)
Waters within a radius of 1 nautical mile from a point 250º, 2 nautical miles from the9southwestern end of the Keiyo Sea Berth.

(11) Kisarazu Port (Entrance to Kisarazu Passage and Kimitsu Fairway)
Waters within a radius of 1 nautical mile from KIsarazu Fairway No. 2 light beacon,excluding the Nakanose Traffic Route and Kisarazu Passage.

(12) Kisarazu Port (Entrance to Futtsu Passage)Eastern portion of the waters within a radius of 1 nautical mile from the Naka-no-Se
Traffic Route No. 6 light beacon, excluding the Naka-no-Se Traffic Route.

2. Locations where the transfer of pilotage duties from one pilot to another takes placefor vessels sailing out of berths in various ports inside Tokyo Bay are:
Point in the vicinity of the exit of a passage or fairway from each port.
3. The standard locations specified in 1. and 2. above are subject to change, depending
on such matters as the situation of vessels at anchorage, or maritime traffic
encountered, in the vicinity of the passage or fairway, the size of the vessel, depth ofher draft, and the weather conditions.

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