reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 15 - Pilots And Pilotage › Section 54-15-120. Prerequisites to licensing in Lower Coastal Area.

(A) An apprentice in the Lower Coastal Area shall serve three years before being eligible to take an examination for the initial short branch license. During an apprenticeship, licensed pilots shall take an apprentice on board all types of vessels, so that the apprentice may become thoroughly competent for the discharge of piloting duties. An apprentice successively shall hold a:
(1) first branch license with a tonnage restriction in service six months before being eligible to take an examination for the second branch license;
(2) second branch license with no tonnage restriction in service six months before being eligible for the third branch license;
(3) the third branch license in service one year before being eligible to take an examination for the fourth branch license;
(4) fourth branch license in service one year before being eligible to take an examination for a full license or branch.
The South Carolina Commissioners of Pilotage for the Lower Coastal Area shall establish in regulation the tonnages and draft restrictions for each short branch license.
(B) In determining qualifications for apprentices, the South Carolina Commissioners of Pilotage may consider previous maritime experience in the port as defined by regulation. No apprentice, however, may be granted a license until the number of pilots falls below the number set by the South Carolina Commissioners of Pilotage for the port through regulations promulgated in accordance with the Administrative Procedures Act.
(C) If two or more apprentices are eligible to offer for examination at the same time, the seniority of securing a license must be determined by the proficiency of the respective apprentices, established at the examination.
(D) In accordance with regulations promulgated by the South Carolina Commissioners of Pilotage for the port, apprentices for the port may be granted emergency or temporary licenses if necessary.
HISTORY: 1962 Code Section 56-1412; 1952 Code Section 56-1411; 1942 Code Section 6689; 1932 Code Section 6689; Civ. C. '22 Section 3587; Civ. C. '12 Section 2477; Civ. C. '02 Section 1621; G. S. 1263; R. S. 1361; 1892 (15) 54; 1894 (20) 801; 1910 (26) 625; 1920 (31) 700; 1958 (50) 1624; 1969 (56) 151; 1982 Act No. 285, Section 2; 1982 Act No. 339; 1991 Act No. 56, Section 3; 1998 Act No. 269, Section 2, eff February 20, 1998; 2006 Act No. 237, Section 1, eff March 17, 2006.
Effect of Amendment
The 1998 amendment revised the levels an apprentice must obtain before licensure.
The 2006 amendment, in subsection (A), in the first sentence and in the last undesignated paragraph substituted "Lower Coastal Area" for "port of Charleston"; and, in the last undesignated paragraph of subsection (A) and in Subsection (B), added "South Carolina" preceding "Commissioners of Pilotage".
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 15 - Pilots And Pilotage › Section 54-15-130. Number of pilots.

The number of pilots shall not be less than the number established by the South Carolina Commissioners of Pilotage for the Upper and Lower Coastal Areas for the specific routes through regulations promulgated in accordance with the Administrative Procedures Act. The board shall make no distinction in the selection of pilots on account of race, color, or previous condition.
HISTORY: 1942 Code Section 6693; 1932 Code Section 6693; Civ. C. '22 Section 3591; Civ. C. '12 Section 2481; Civ. C. '02 Section 1625; G. S. 1266; R. S. 1365; 1894 (21) 799; 1902 (23) 1023; 1935 (39) 202; 1956 (49) 1794; 1958 (50) 1624; 1963 (53) 491; 1969 (56) 151; 1982 Act No. 285, Section 3; 1991 Act No. 56, Section 4; 2006 Act No. 237, Section 1, eff March 17, 2006.
Effect of Amendment
The 2006 amendment rewrote this section.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 15 - Pilots And Pilotage › Section 54-15-140. Promulgation of regulations.

The South Carolina Commissioners of Pilotage for the Upper and Lower Coastal Areas shall promulgate regulations in accordance with the Administrative Procedures Act for the administration of pilotage within the ports of their respective areas.
The regulations must include, but are not limited to:
(1) the selection, training, and licensure of apprentice pilots;
(2) the licensure and registration of pilots;
(3) license and registration fees;
(4) safe vessel movement;
(5) reports of marine casualties and other dangerous situations;
(6) discipline, including investigations and the suspension and revocation of pilot licenses;
(7) pilotage charges and fees;
(8) specific pilotage routes;
(9) other matters affecting the safe and efficient administration of pilotage.
HISTORY: 1962 Code Section 56-1414; 1952 Code Section 56-1415; 1942 Code Section 6711; 1932 Code Section 6711; Civ. C. '22 Section 3609; Civ. C. '12 Section 2499; Civ. C. '02 Section 1643; G. S. 1282; R. S. 1383; 1878 (16) 423; 1958 (50) 1624; 1991 Act No. 56, Section 9; 2006 Act No. 237, Section 1, eff March 17, 2006.
Effect of Amendment
The 2006 amendment, in the first sentence of the introductory paragraph, substituted "South Carolina Commissioners of Pilotage for the Upper and Lower Coastal Areas" for "Commissioners of Pilotage for the port to which they belong" and "the ports of their respective areas" for "that port"; and in item (8), "specific pilotage routes" for "geographic areas of commissioners' jurisdiction".
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 15 - Pilots And Pilotage › Section 54-15-150. Registers of pilots.

The South Carolina Commissioners of Pilotage for each port shall register all licensed pilots for their respective ports with the necessary data to be shown on the register as the commissioners may deem necessary and appropriate and keep the register up to date, making those changes or alterations as may take place from time to time.
HISTORY: 1962 Code Section 56-1415; 1952 Code Section 56-1416; 1942 Code Section 6712; 1932 Code Section 6712; Civ. C. '22 Section 3610; Civ. C. '12 Section 2500; Civ. C. '02 Section 1644; G. S. 1283; R. S. 1384; 1878 (16) 423; 1958 (50) 1624; 2006 Act No. 237, Section 1, eff March 17, 2006.
Effect of Amendment
The 2006 amendment added "South Carolina" and made nonsubstantive language changes.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 15 - Pilots And Pilotage › Section 54-15-160. Pilot ground for Charleston.

The pilot ground of the bar of Charleston shall extend from the bar thirty miles eastward, southward, and northward. Pilot boats shall normally cruise in an area designated by the South Carolina Commissioners of Pilotage for the Lower Coastal Area.
HISTORY: 1962 Code Section 56-1416; 1952 Code Section 56-1418; 1942 Code Section 6701; 1932 Code Section 6701; Civ. C. '22 Section 3599; Civ. C. '12 Section 2489; Civ. C. '02 Section 1633; G. S. 1272; R. S. 1373; 1878 (16) 419; 1902 (23) 1024; 1958 (50) 1624; 2006 Act No. 237, Section 1, eff March 17, 2006.
Effect of Amendment
The 2006 amendment substituted "South Carolina Commissioners of Pilotage for the Lower Coastal Area" for "Commissioners of Pilotage for the port of Charleston".
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 15 - Pilots And Pilotage › Section 54-15-170. Pilot boats at Charleston must be approved by commissioners.

All boats used in the pilotage for the port and harbor of Charleston shall be entirely and absolutely subject to the inspection, direction, and approval of the South Carolina Commissioners of Pilotage for the Lower Coastal Area.
HISTORY: 1962 Code Section 56-1417; 1952 Code Section 56-1419; 1942 Code Section 6707; 1932 Code Section 6707; Civ. C. '22 Section 3605; Civ. C. '12 Section 2495; Civ. C. '02 Section 1639; G. S. 1278; R. S. 1379; 1878 (16) 421; 1958 (50) 1624; 2006 Act No. 237, Section 1, eff March 17, 2006.
Effect of Amendment
The 2006 amendment substituted "South Carolina Commissioners of Pilotage for the Lower Coastal Area" for "Commissioners of Pilotage for the port of Charleston".
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 15 - Pilots And Pilotage › Section 54-15-190. Boats used for pilotage; identification.

All boats used for pilotage at Charleston, Port Royal, and Georgetown shall be used exclusively for pilotage, except that the South Carolina Commissioners of Pilotage may grant temporary permission for those other uses as they deem appropriate. To establish their identity, all pilot boats shall fly the international code flag P by day and regulation pilot boat lights by night.
HISTORY: 1962 Code Section 56-1419; 1952 Code Section 56-1421; 1942 Code Section 6707; 1932 Code Section 6707; Civ. C. '22 Section 3605; Civ. C. '12 Section 2495; Civ. C. '02 Section 1639; G. S. 1278; R. S. 1379; 1878 (16) 421; 1958 (50) 1624; 2006 Act No. 237, Section 1, eff March 17, 2006.
Effect of Amendment
The 2006 amendment added ", Port Royal, and Georgetown" and substituted "South Carolina Commissioners of Pilotage" for "Commissioners of Pilotage for the port of Charleston".
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 15 - Pilots And Pilotage › Section 54-15-210. Pilots may not discontinue duties without permission.

Except for reasons of health, satisfactory evidence of which shall be furnished to the South Carolina Commissioners of Pilotage when requested, no licensed pilot or apprentice shall discontinue to act nor absent himself at any time from the port and harbor to which he may belong for any period of time without first obtaining the permission of the group of pilots with whom he is associated or some authorized official of that group, and no permitted discontinuance or absence for a period of more than one month shall be valid without additionally obtaining in advance the written authorization of the South Carolina Commissioners of Pilotage. Any pilot or apprentice neglecting or refusing to comply with this requirement as to his presence and performance of duties in the port to which he belongs, may have, respectively, his license or his apprenticeship, as the case may be, either suspended or revoked by the South Carolina Commissioners of Pilotage, depending on their judgment of the circumstances.
HISTORY: 1962 Code Section 56-1421; 1952 Code Section 56-1423; 1942 Code Section 6695; 1932 Code Section 6695; Civ. C. '22 Section 3593; Civ. C. '12 Section 2483; Civ. C. '02 Section 1627; G. S. 1266; R. S. 1367; 1958 (50) 1624; 2006 Act No. 237, Section 1, eff March 17, 2006.
Effect of Amendment
The 2006 amendment added "South Carolina" preceding "Commissioners" and made nonsubstantive language changes throughout.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 15 - Pilots And Pilotage › Section 54-15-220. Pilot shall offer services to nearest vessel; exceptions.

Every pilot cruising or standing out to sea shall offer his services first to the vessel nearest the bar unless specifically ordered to the contrary by the authorized official of the group of licensed pilots on duty at the time and except when he sees a more distant vessel in distress, in which event he shall aid the vessel in distress, if practicable. Any pilot neglecting or refusing to comply with this requirement as to his services may have his license suspended or revoked by the South Carolina Commissioners of Pilotage, depending on their judgment of the circumstances. However, nothing herein shall extend, or be construed to extend, to vessels of the description mentioned in Section 54-15-260, all of which vessels it shall be the duty of every pilot to avoid as much as possible, whenever they are known to or justly suspected by him.
HISTORY: 1962 Code Section 56-1422; 1952 Code Section 56-1425; 1942 Code Section 6699; 1932 Code Section 6699; Civ. C. '22 Section 3597; Civ. C. '12 Section 2487; Civ. C. '02 Section 1631; G. S. 1270; R. S. 1371; 1878 (16) 417; 1958 (50) 1624; 2006 Act No. 237, Section 1, eff March 17, 2006.
Effect of Amendment
The 2006 amendment added "South Carolina" preceding "Commissioners" and made nonsubstantive language changes throughout.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 15 - Pilots And Pilotage › Section 54-15-230. Pilot shall remain on vessel if required.

A licensed pilot, if required by the master or commander of a vessel, shall remain on board while the vessel is at anchor. Any pilot neglecting or refusing to comply with a request to remain on board may have his license suspended or revoked by the South Carolina Commissioners of Pilotage, depending on their judgment of the circumstances.
HISTORY: 1962 Code Section 56-1423; 1952 Code Section 56-1427; 1942 Code Section 6708; 1932 Code Section 6708; Civ. C. '22 Section 3606; Civ. C. '12 Section 2496; Civ. C. '02 Section 1640; G. S. 1279; R. S. 1380; 1878 (16) 422; 1958 (50) 1624; 2006 Act No. 237, Section 1, eff March 17, 2006.
Effect of Amendment
The 2006 amendment added "South Carolina" preceding "Commissioners" and made nonsubstantive language changes throughout.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 15 - Pilots And Pilotage › Section 54-15-240. Payment of pilots detained beyond time appointed.

Every master of an outward bound vessel who shall engage a pilot for an appointed time of departure shall have his vessel in readiness for sailing at such time and every master of a vessel who shall detain a pilot beyond the time appointed so that he cannot proceed to sea although wind and weather should permit, shall pay for such detention in accordance with the published schedule of rates and fees provided for under the provisions of Section 54-15-290.
HISTORY: 1962 Code Section 56-1424; 1952 Code Section 56-1429; 1942 Code Section 6705; 1932 Code Section 6705; Civ. C. '22 Section 3603; Civ. C. '12 Section 2493; Civ. C. '02 Section 1637; G. S. 1276; R. S. 1377; 1878 (16) 421; 1958 (50) 1624; 2006 Act No. 237, Section 1, eff March 17, 2006.
Effect of Amendment
The 2006 amendment made nonsubstantive language changes.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 15 - Pilots And Pilotage › Section 54-15-250. Penalty for carrying off pilots.

If any master or commander of a vessel shall carry off any of the pilots, he shall allow that pilot the daily rate specified under the provisions of Section 54-15-290 for each and every day during his absence and supply him with provisions and other necessities in the same manner as is usual for the maintenance and accommodation of masters of vessels. The master, as well as the owner, consignee, and security of the vessel, shall be liable for this sum. However, no pilot who is carried off shall be entitled to any of the sums if the vessel shall have laid to for the space of sixteen hours after having crossed the bar and no pilot boat shall have appeared at the time to receive the pilot on board. The master, owner, or consignee shall defray the expenses of the pilot back to the port to which he may belong.
HISTORY: 1962 Code Section 56-1425; 1952 Code Section 56-1430; 1942 Code Section 6706; 1932 Code Section 6706; Civ. C. '22 Section 3604; Civ. C. '12 Section 2494; Civ. C. '02 Section 1638; G. S. 1277; R. S. 1378; 1878 (16) 421; 1958 (50) 1624; 2006 Act No. 237, Section 1, eff March 17, 2006.
Effect of Amendment
The 2006 amendment made nonsubstantive language changes.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 15 - Pilots And Pilotage › Section 54-15-260. Duty of pilots during war or under special orders.

In case of war no pilot shall bring in or furnish supplies to any armed vessel belonging to an enemy at war with the United States or carry out any armed vessel to that enemy, without being ordered to do so by the constituted authorities of the United States. Every pilot violating this section shall forfeit his license and be disqualified forever from acting as a pilot. If at any time the President of the United States or the Governor of the State shall prohibit the furnishing with supplies, or the bringing in or the carrying out of any vessel belonging to any nation or state or to a subject of any nation or state, every pilot shall comply with every prohibition, on pain of incurring the same penalty and punishment as for like offenses in time of war.
HISTORY: 1962 Code Section 56-1426; 1952 Code Section 56-1431; 1942 Code Section 6698; 1932 Code Section 6698; Civ. C. '22 Section 3596; Civ. C. '12 Section 2486; Civ. C. '02 Section 1630; G. S. 1269; R. S. 1370; 1878 (16) 417; 1958 (50) 1624; 2006 Act No. 237, Section 1, eff March 17, 2006.
Effect of Amendment
The 2006 amendment, at the beginning of the second sentence, substituted "Every pilot violating this section" for "And every pilot herein in any wise offending" and made nonsubstantive changes throughout.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 15 - Pilots And Pilotage › Section 54-15-270. Pilot requirements for vessels entering ports.

All vessels entering into the pilotage area of a port for the purpose of entering the port, except United States vessels engaged in coastwise trade having on board a pilot licensed by the United States Coast Guard for that area and United States vessels under one hundred net registered tons, are required to receive on board for entering into, departing from, or shifting within the port, an amply licensed pilot offering to board.
HISTORY: 1962 Code Section 56-1427; 1952 Code Section 56-1432; 1942 Code Section 6701; 1932 Code Section 6701; Civ. C. '22 Section 3599; Civ. C. '12 Section 2489; Civ. C. '02 Section 1633; G. S. 1272; R. S. 1373; 1878 (16) 419; 1902 (23) 1024; 1958 (50) 1624; 1991 Act No. 56, Section 8; 2006 Act No. 237, Section 1, eff March 17, 2006.
Effect of Amendment
The 2006 amendment made a nonsubstantive language change.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 15 - Pilots And Pilotage › Section 54-15-280. Unauthorized pilotage.

No person shall be authorized or permitted to conduct and pilot any vessel, except those excepted in Section 54-15-270, over the bar, into, out of, or within the harbor of any port, unless the person shall be a then currently licensed pilot and no branch pilot shall be authorized to pilot any vessel with a deeper draft of water than his branch. Any person prohibited from pilotage who shall presume to pilot vessels in violation of this prohibition, shall be entitled to no fee, gratuity, or reward for so doing, shall pay the regular pilotage to the group of associated licensed pilots in the port and shall be subject to a fine of five hundred dollars or imprisonment for not more than thirty days. This prohibition shall not prevent any person from assisting any vessel in distress, provided the person shall deliver up the vessel to the first licensed pilot who shall offer to board.
HISTORY: 1962 Code Section 56-1428; 1952 Code Section 56-1433; 1942 Code Section 6704; Civ. C. '22 Section 3602; Cr. C. '22 Section 234; Civ. C. '12 Section 2492; Cr. C. '12 Section 398; Civ. C. '02 Section 1636; G. S. 1275; R. S. 1376; 1878 (16) 420; 1909 (26) 187; 1958 (50) 1624; 2006 Act No. 237, Section 1, eff March 17, 2006.
Effect of Amendment
The 2006 amendment made nonsubstantive language changes.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 15 - Pilots And Pilotage › Section 54-15-290. Rates and fees; publication.

All rates and fees for all pilotage services for each port shall be fixed by the Commissioners of Pilotage for the port and the South Carolina Commissioners of Pilotage shall require the pilots to have printed and made available to all interested parties a published schedule of rates and fees.
HISTORY: 1962 Code Section 56-1429; 1952 Code Sections 56-1434 to 56-1436; 1942 Code Sections 6702, 6709; 1932 Code Sections 6702, 6709; Civ. C. '22, Sections 3600, 3607; Civ. C. '12 Sections 2490, 2497; Civ. C. '02 Sections 1634, 1641; G. S. 1273, 1280; R. S. 1374, 1381; 1878 (16) 419, 422; 1894 (22) 800; 1958 (50) 1624; 2006 Act No. 237, Section 1, eff March 17, 2006.
Effect of Amendment
The 2006 amendment substituted South Carolina Commissioners of Pilotage" for "Commissioners".
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 15 - Pilots And Pilotage › Section 54-15-300. Investigation of marine disasters; subpoena of witnesses.

(A) On the occasion of any marine disaster or if the South Carolina Commissioners of Pilotage having jurisdiction has reason to believe that a pilot has violated a provision of this chapter or a regulation promulgated under this chapter or if a person files a written complaint with the commissioners having jurisdiction alleging that a pilot has become unfit to practice, the Commissioners of Pilotage may initiate an investigation.
(B) In conducting the investigation, the Commissioners of Pilotage having jurisdiction may subpoena witnesses, compel their attendance, take evidence, and require the production of any matter which is relevant to the investigation including, but not limited to, the existence, description, nature, custody, condition, and location of books, documents, or other tangible items and the identity and location of persons having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of material evidence. Upon failure to obey a subpoena or to answer questions propounded by the South Carolina Commissioners of Pilotage having jurisdiction, the department on behalf of the commissioners may apply to the Administrative Law Court for an order requiring the person to comply.
HISTORY: 1962 Code Section 56-1430; 1952 Code Section 56-1440; 1942 Code Section 6713; 1932 Code Section 6713; Civ. C. '22 Section 3611; Civ. C. '12 Section 2501; Civ. C. '02 Section 1645; G. S. 1284; R. S. 1385; 1878 (16) 424; 1958 (50) 1624; 2006 Act No. 237, Section 1, eff March 17, 2006.
Effect of Amendment
The 2006 amendment rewrote this section.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 15 - Pilots And Pilotage › Section 54-15-310. Designation of hearing officer or hearing panel; disciplinary proceedings.

(A) The results of an investigation must be presented to the South Carolina Commissioners of Pilotage having jurisdiction. The commissioners, in accordance with the Administrative Procedures Act, may take disciplinary action authorized by Section 40-1-120. The commissioners may designate a hearing officer or hearing panel to conduct hearings or take other action as may be necessary under this section.
(B) For the purpose of a disciplinary proceeding in accordance with the Administrative Procedures Act, the South Carolina Commissioners of Pilotage for the respective area may administer oaths and issue subpoenas for the attendance and testimony of witnesses and the production and examination of books, papers, and records on behalf of the commissioners, upon request, on behalf of a party to the case. Upon failure to obey a subpoena or to answer questions propounded by the commissioners, its hearing officer or panel, the South Carolina Commissioners of Pilotage having jurisdiction may apply to the Administrative Law Court for an order requiring the person to comply with the subpoena.
HISTORY: 1962 Code Section 56-1431; 1952 Code Section 56-1441; 1942 Code Section 6692; 1932 Code Section 6692; Civ. C. '22 Section 3590; Civ. C. '12 Section 2480; Civ. C. '02 Section 1624; G. S. 1266; R. S. 1364; 1878 (16) 416; 1958 (50) 1624; 2006 Act No. 237, Section 1, eff March 17, 2006.
Effect of Amendment
The 2006 amendment rewrote this section.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 15 - Pilots And Pilotage › Section 54-15-320. Discipline of licensees.

(A) Upon a determination by the South Carolina Commissioners of Pilotage for the respective area that one or more of the grounds for discipline exists, the Commissioners of Pilotage having jurisdiction may:
(1) issue a public reprimand;
(2) impose a fine not to exceed five hundred dollars;
(3) place a licensee on probation or restrict or suspend the individual's license for a definite or indefinite time and prescribe conditions to be met during probation, restriction, or suspension including, but not limited to, satisfactory completion of additional education or of a supervisory period;
(4) revoke the license permanently or for a period specified by the South Carolina Commissioners of Pilotage for the respective area before the pilot shall be eligible to re-apply.
(B) A decision by the Commissioners of Pilotage having jurisdiction to discipline a licensee as authorized under this section must be by a majority vote of the total membership of the Commissioners of Pilotage serving at the time the vote is taken.
(C) A final order of the South Carolina Commissioners of Pilotage having jurisdiction disciplining a licensee under this section is public information.
(D) Upon a determination by the Commissioners of Pilotage having jurisdiction that discipline is not appropriate, the Commissioners of Pilotage may issue a nondisciplinary letter of caution.
HISTORY: 1962 Code Section 56-1432; 1952 Code Section 56-1442; 1942 Code Section 6696; 1932 Code Section 6696; Civ. C. '22 Section 3594; Civ. C. '12 Section 2484; Civ. C. '02 Section 1628; G. S. 1267; R. S. 1368; 1878 (16) 417; 1902 (23) 1023; 1958 (50) 1624; 1993 Act No. 181, Section 1287, eff March 1, 1994; 2006 Act No. 237, Section 1, eff March 17, 2006.
Effect of Amendment
The 1993 amendment added the last sentence, pertaining to review by an administrative law judge.
The 2006 amendment rewrote this section.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 15 - Pilots And Pilotage › Section 54-15-330. Appeal of administrative decision.

A person aggrieved by a final action of the South Carolina Commissioners of Pilotage for the respective area may appeal the decision to the Administrative Law Court in accordance with the Administrative Procedures Act and the rules of the Administrative Law Court. Service of a petition requesting a review does not stay the South Carolina Commissioners of Pilotage having jurisdiction decision pending completion of the appellate process.
HISTORY: 1962 Code Section 56-1433; 1952 Code Section 56-1443; 1942 Code Section 6696; 1932 Code Section 6696; Civ. C. '22 Section 3594; Civ. C. '12 Section 2484; Civ. C. '02 Section 1628; G. S. 1267; R. S. 1368; 1878 (16) 417; 1902 (23) 1023; 1958 (50) 1624; 2006 Act No. 237, Section 1, eff March 17, 2006.
Effect of Amendment
The 2006 amendment rewrote this section which formerly dealt with surrender of license.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 15 - Pilots And Pilotage › Section 54-15-340. Collection of costs and fines.

(A) In an order issued in resolution of a disciplinary proceeding before the South Carolina Commissioners of Pilotage having jurisdiction, a pilot found in violation of this chapter may be directed to pay a sum not to exceed the reasonable costs of investigation, inspection, and prosecution of the case in addition to other sanctions.
(B) A certified copy of the actual costs, or a good faith estimate of costs where actual costs are not available, is prima facie evidence of reasonable costs.
(C) Failure to make timely payment in accordance with the order results in the collection of costs in accordance with Title 40, Chapter 1.
(D) The South Carolina Commissioners of Pilotage having jurisdiction may conditionally renew or reinstate for a maximum of one year the license of an individual who demonstrates financial hardship and who enters into a formal agreement to reimburse the Commissioners of Pilotage within that one-year period for the unpaid costs.
(E) All costs and fines imposed pursuant to this chapter are due and payable immediately upon imposition or at the time indicated by final order of the Commissioners of Pilotage. Unless the costs and fines are paid within sixty days after the order becomes final, the order becomes a judgment and may be collected in any manner provided in Title 40, Chapter 1. The South Carolina Commissioners of Pilotage may collect costs and attorney's fees incurred in executing the judgment. Interest at the legal rate accrues on the amount due from the date imposed until the date paid.
HISTORY: 1962 Code Section 56-1434; 1952 Code Section 56-1444; 1942 Code Section 6714; 1932 Code Section 6714; Civ. C. '22 Section 3612; Civ. C. '12 Section 2502; Civ. C. '02 Section 1646; G. S. 1284; R. S. 1385; 1878 (16) 424; 1958 (50) 1624; 2006 Act No. 237, Section 1, eff March 17, 2006.
Effect of Amendment
The 2006 amendment rewrote this section.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 15 - Pilots And Pilotage › Section 54-15-350. Limit on liability for damages caused by pilots.

A licensed ship's pilot is not liable for damages in excess of five thousand dollars for damages or loss occasioned by the pilot's errors, omissions, fault, or neglect in the performance of pilotage services, except for wilful misconduct or reckless disregard for safety by the pilot.
HISTORY: 1988 Act No. 536, Section 3; 2006 Act No. 237, Section 1, eff March 17, 2006.
Effect of Amendment
The 2006 amendment reprinted this section with no apparent change.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 15 - Pilots And Pilotage › Section 54-15-360. Owners and operators also liable.

When a pilot boards a vessel he becomes a servant of the vessel and its owner and operator. Nothing in this chapter exempts the vessel, its owner, or operator from liability for damage or loss occasioned by the ship to a person or property on the ground that the ship was piloted by a pilot licensed by the State, or the damage or loss was occasioned by the error, omission, fault, or neglect of a pilot licensed by the State.
HISTORY: 1988 Act No. 536, Section 3; 2006 Act No. 237, Section 1, eff March 17, 2006.
Effect of Amendment
The 2006 amendment deleted "(1)" preceding "the ship was piloted" and "(2)" preceding "the damage or loss".
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 17 - South Carolina Maritime Security Act › Section 54-17-30. Maritime Security Commission created; membership; terms; vacancies.

There is created a Maritime Security Commission composed of nine members:
(1) one member shall be the Chairman of the State Ports Authority, ex-officio, or a member of the State Ports Authority Board, designated by the chairman;
(2) one member shall be a chief of police or equivalent, ex-officio;
(3) one member shall be a fire chief or equivalent, ex-officio;
(4) one member shall be a representative of the South Carolina Department of Natural Resources Law Enforcement Division, ex-officio;
(5) one member shall represent the commercial maritime community;
(6) one member shall be a retired United States Coast Guard officer, grade 0-5 or higher, who supervised federal port security duties as a Captain of the Port;
(7) one member shall be a retired United States Navy or Navy Reserve officer, grade 0-6 or higher;
(8) one member shall be a retired United States Marines Corps or Marine Corps Reserve officer, grade 0-6 or higher; and
(9) one member shall be a retired United States Coast Guard or Coast Guard Reserve officer, grade 0-6 or higher.
The five members who are not ex-officio shall be appointed by the Governor with the advice and consent of the Senate. These non-ex-officio members shall be selected from respective lists of retired Navy and Navy Reserve, Marine Corps and Marine Corps Reserve, Coast Guard and Coast Guard Reserve officers residing in South Carolina and commercial maritime community members maintained by the Captains of the Port. The chiefs of police and fire chiefs shall be from the port communities and shall rotate annually into the position on the commission. The order of rotation shall be determined by the respective chiefs. The Coast Guard member and the commercial maritime community member shall serve initial terms of two years, the Navy and Marine Corps members shall serve initial terms of four years, and the Coast Guard member who supervised federal port security duties as Captain of the Port shall serve an initial term of six years. Thereafter, the four members who are not ex-officio shall serve terms of six years. In the event of a vacancy, however caused, a successor must be appointed in the manner of the original appointment for the unexpired term. These appointments must be made as each term of the present commissioners expires. The appointees, however, shall serve until their successors have been appointed and qualified. There shall be a chairman and a secretary elected by the members of the commission pursuant to rules adopted by the commission. Each member shall have the appropriate background as to authorize access to sensitive law enforcement and port security information.
HISTORY: 2003 Act No. 90, Section 2, eff July 31, 2003.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 17 - South Carolina Maritime Security Act › Section 54-17-40. South Carolina Naval Militia reestablished.

The South Carolina Naval Militia is reestablished. The Maritime Security Commission must organize, administer, coordinate, and facilitate the activities of the Naval Militia in order to provide to federal, state, county, and local agencies adequate numbers of trained and qualified personnel with proper accountability and adequate indemnification provisions to enhance maritime homeland security operations.
HISTORY: 2003 Act No. 90, Section 2, eff July 31, 2003.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 17 - South Carolina Maritime Security Act › Section 54-17-50. Purpose of Naval Militia; command; divisions; rights of personnel; joint service task force.

(A) The Naval Militia is an organized, structured, trained, and certified volunteer state maritime force that is regionally aligned to enable appropriate augmentation of federal, state, county, and municipal forces and may be engaged in any federal response to the threat of terrorism and to the needs of maritime homeland security. This militia is naval in nature and functions as a federally-recognized state force pursuant to Title 10 of the United States Code and a Memorandum of Agreement that must be in effect between the United States Navy and the State prior to the Naval Militia becoming operational.
(B) The Commander of the South Carolina Naval Militia must be appointed by the commission, commissioned by the Governor, and shall serve at the pleasure of the commission. The Maritime Security Commission shall promulgate regulations to be approved by the General Assembly pursuant to the Administrative Procedures Act that set forth the command structure of the Naval Militia and establish the rank of the commander. The commander will propose to the commission other commissions and appointments in accordance with commission regulations.
(C) Divisions of the Naval Militia will include a division that consists of members of the United States Navy, Marine Corps, and Coast Guard Reserve (federal service takes priority). In addition, the Naval Militia must include a division that consists of the Merchant Marine. The Merchant Marine division shall consist of Coast Guard-licensed or certificated merchant mariners whose regular occupation is service on board Coast Guard-regulated commercial vessels that normally operate in or from the maritime areas of South Carolina and which are enrolled as units of the Volunteer Port Security Force. The Merchant Marine division also shall include other professional mariners who have volunteered for service in this militia and who are licensed or certificated by the Coast Guard as merchant mariners. The Naval Militia also shall include a staff element and a support division.
(D) Naval Militia personnel are entitled to all appropriate honors, courtesies, and privileges provided under state law to state military organizations. Authority shall be exercised pursuant to mission requirement and in accordance with rules adopted by the commission.
(E) Within the South Carolina Naval Militia, a joint service task force is authorized whose purpose is to determine and coordinate regional security missions relating to those waterways shared with contiguous states and to provide federal and regional interoperability advice and assistance to the commission. This task force shall be appointed and assigned pursuant to rules adopted by the commission.
HISTORY: 2003 Act No. 90, Section 2, eff July 31, 2003.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 17 - South Carolina Maritime Security Act › Section 54-17-60. Commission and Naval Militia activities coordinated with federal, state, and local agencies.

The Maritime Security Commission and the Naval Militia must coordinate their activities with federal, state, and local agencies responsible for maritime homeland security and Naval Militia functions as they relate to this title. These agencies shall include, but are not limited to, the State Law Enforcement Division, the Departments of Natural Resources, Public Safety, and Transportation and the Military Department, and their several state agencies; state, county, and municipal police departments including marine police components; and the South Carolina Army and Air National Guard.
HISTORY: 2003 Act No. 90, Section 2, eff upon execution of Memorandum of Agreement between the United States Navy and the State and ratification of the Memorandum of Agreement by Joint Resolution of the General Assembly.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 17 - South Carolina Maritime Security Act › Section 54-17-70. Promulgation of regulations to enforce homeland security measures for maritime protection.

The South Carolina Law Enforcement Division is authorized to promulgate regulations not specifically authorized by the federal government or by another agency, department, or division of state government, which are necessary for the proper administration and enforcement of homeland security measures for maritime protection including, but not limited to, safety zones and security zones. These regulations, including any emergency authority, must be promulgated within the guidelines of the Administrative Procedures Act and after consultation with the Ports Security Committee established by the United States Coast Guard. This regulatory authority ceases upon implementation of the federal Maritime Transportation Security Act regulations, currently scheduled for July 2004.
HISTORY: 2003 Act No. 90, Section 2, eff July 31, 2003.
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 1 - General Provisions › Section 55-1-1. Division of Aeronautics established within South Carolina State Fiscal Accountability Authority; Aeronautics Commission shall govern.

There is created a Division of Aeronautics within the South Carolina State Fiscal Accountability Authority that shall be governed by the Aeronautics Commission as provided in Chapter 1, Title 57.
HISTORY: 1993 Act No. 181, Section 1288, eff July 1, 1993; 1994 Act No. 361, Section 8, eff May 3, 1994; 2012 Act No. 270, Section 1, eff June 18, 2012.
Effect of Amendment
The 1994 amendment substituted "Secretary of Commerce" for "Director of the Department of Commerce".
The 2012 amendment substituted "South Carolina Budget and Control Board that shall" for "Department of Commerce which shall"; substituted "Aeronautics Commission" for "Secretary of Commerce"; substituted "57" for "13"; and, made other, nonsubstantive, changes.
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 1 - General Provisions › Section 55-1-10. Liability of owners and operators generally to guests.

No person transported by the owner or operator of an aircraft as his guest without payment for this transportation shall have a cause of action for damages against the aircraft, its owner or operator for injury, death, or loss in case of accident unless the accident was intentional on the part of the owner or operator or caused by his heedlessness or his reckless disregard of the rights of others.
HISTORY: 1962 Code Section 2-21; 1952 Code Section 2-21; 1942 Code Section 5908; 1932 Code Section 5908; 1930 (36) 1164; 1935 (39) 356; 1960 (51) 1926; 1993 Act No. 181, Section 1288, eff July 1, 1993; 2012 Act No. 270, Section 1, eff June 18, 2012.
Effect of Amendment
The 1993 amendment reprinted this section with no apparent change.
The 2012 amendment made nonsubstantive changes throughout the section.
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 1 - General Provisions › Section 55-1-20. Liability of public carriers.

Section 55-1-10 shall not relieve a public carrier of responsibility for injuries sustained by a passenger being transported by the public carrier.
HISTORY: 1962 Code Section 2-22; 1952 Code Section 2-22; 1942 Code Section 5908; 1932 Code Section 5908; 1930 (36) 1164; 1935 (39) 356; 1993 Act No. 181, Section 1288, eff July 1, 1993; 2012 Act No. 270, Section 1, eff June 18, 2012.
Effect of Amendment
The 1993 amendment reprinted this section with no apparent change.
The 2012 amendment made nonsubstantive changes throughout the section.
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 1 - General Provisions › Section 55-1-30. Unlawful removing or damaging of airport facility or equipment.

It is unlawful to remove or damage an airport facility or equipment with malicious intent. A person violating the provisions of this section is guilty of a felony and, upon conviction, must be:
(1) fined not less than ten thousand dollars or imprisoned not more than five years, or both;
(2) fined not less than ten thousand dollars or imprisoned not more than ten years, or both, if injury results from malicious damage or removal of airport facilities or equipment;
(3) imprisoned not more than thirty years if death results from the malicious damage or removal of airport facilities or equipment.
This section shall not apply to damage that is neither malicious nor intentional to crushable materials, collapsible structures, or aircraft arresting systems that are designed to deform when used.
HISTORY: 1962 Code Section 2-23; 1972 (57) 2344; 1993 Act No. 181, Section 1288, eff July 1, 1993; 1993 Act No. 184, Section 80, eff January 1, 1994; 2012 Act No. 270, Section 1, eff June 18, 2012.
Effect of Amendment
The first 1993 amendment made grammatical changes.
The second 1993 amendment rewrote this section so as to change portions from misdemeanors to felonies and the maximum term of imprisonment to conform to the new crime classification system.
The 2012 amendment, in subsections (1) and (2), substituted "ten" for "one" preceding "thousand dollars"; and added the undesignated paragraph at the end of the section.
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 1 - General Provisions › Section 55-1-40. Unlawful entry of aircraft; damaging or removing equipment.

(1) It is unlawful for a person to enter an aircraft or damage or remove from it any equipment or other property attached to it, affined to or otherwise on or in an aircraft without the permission of the owner or a person authorized by the owner to grant such permission.
(2) The provisions of this section do not apply to any airport personnel or other persons while acting in an official capacity except when such capacity is used to accomplish an unlawful purpose.
(3) A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than five thousand dollars nor more than ten thousand dollars or imprisoned not less than one year nor more than ten years.
(4) The provisions of this section are cumulative.
HISTORY: 1962 Code Section 2-24; 1974 (58) 2365; 1993 Act No. 181, Section 1288, eff July 1, 1993; 2012 Act No. 270, Section 1, eff June 18, 2012.
Effect of Amendment
The 1993 amendment made grammatical changes.
The 2012 amendment inserted "affined to or otherwise on or in an aircraft" in subsection (1); substituted "five" for "one" following "must be fined not less than" in subsection (3); and, made other, nonsubstantive, changes.
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 1 - General Provisions › Section 55-1-50. Landing or taking off on public highways.

It is unlawful for a person to land or cause to be landed any aircraft on or take off from a public highway in this State except in situations authorized by an authorized employee of the division, by law enforcement, or in an emergency or cautionary situation in which the safety of the aircraft is involved. In a prosecution for violation of this section, the burden of proving that the emergency or cautionary situation existed shall be upon the person landing the aircraft on the highway or causing it to take off from it.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned for not more than sixty days.
HISTORY: 1962 Code Section 2-25; 1974 (58) 2320; 1993 Act No. 181, Section 1288, eff July 1, 1993; 2012 Act No. 270, Section 1, eff June 18, 2012.
Effect of Amendment
The 1993 amendment made grammatical changes and substituted "deputy director of the division" for "Director of the State Aeronautics Commission".
The 2012 amendment, in the first paragraph, substituted "an authorized employee of the division, by law enforcement," for "the deputy director of the division", and inserted "or cautionary" following "emergency" throughout; in the second paragraph, substituted "two thousand" for "five hundred"; and, made other, nonsubstantive, changes.
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 1 - General Provisions › Section 55-1-60. Reserved by 2012 Act No. 270, Section 1, eff June 18, 2012.

Editor's Note
Former Section 55-1-60 was entitled "Operator of intrastate scheduled airline service to obtain certificate" and was derived from 1962 Code Section 2-81; 1957 (50) 358; 1993 Act No. 181, Section 1288.
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 1 - General Provisions › Section 55-1-70. Reserved by 2012 Act No. 270, Section 1, eff June 18, 2012.

Editor's Note
Former Section 55-1-70 was entitled "Rules and regulations for intrastate scheduled airlines" and was derived from 1962 Code Section 2-82; 1957 (50) 358; 1993 Act No. 181, Section 1288.
2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 1 - General Provisions › Section 55-1-80. Appointment of additional members to county aviation commission.

(A) Any county aviation commission or like authority may be increased by two members, one of whom must be appointed by the House of Representatives' delegation of the county and one of whom must be appointed by the Senatorial delegation of the county. The additional members shall serve terms of the same length as other members of the commission or like authority.
(B) Any county governing body who has the authority to appoint members to the aviation commission or like authority may add two members for terms as provided in this section.
(C) In counties that have two municipalities with a population in excess of fifty thousand persons according to the latest official United States Census, and the county has an aviation commission or like authority, then the mayors of such municipalities having a population in excess of the fifty thousand persons shall serve, ex officio, as members of the commission or authority.
(D) The provisions of this section do not apply in the case of any multicounty aviation commission or authority.
HISTORY: 2015 Act No. 10 (S.376), Section 1, eff May 7, 2015.
Effect of Amendment
2015 Act No. 10, Section 1, unreserved and added the section. The section had been reserved by 2012 Act No. 270. The new section is the text prior to being reserved with the addition of (D).