2023 Laws of Puerto Rico › TITLE TWENTY-THREE - Public Planning and Development (§§ 1 — 11273) › PART II - Economic Development (§§ 231-241 — 695i) › Chapter 26 - Puerto Rico Harbor Pilot Commission (§§ 361 — 361v) › § 361u - Associations, administration, operation of trust

(a) Pilots licensed by the Commission may organize and be recognized in pilot associations to jointly administer their affairs and promote their common interests.
(b) A pilot’s association that represents the majority of the pilots that serve a port may petition to be recognized by the Commission. Nevertheless, the Commission shall never recognize more than one group or association for each port.
(c) A pilot’s association that seeks the recognition of the Commission shall submit the association papers and operating regulations for approval. The document to be submitted shall provide for the election of its officers by majority vote of the members with unlimited licenses; the equitable division of tasks and assignments among its members; the fees for the services of its members in a common fund; the distribution of the income received among the members, after the deduction of expenses, on an equitable basis; [the] establishment of cash fines or sanctions for absence from work without authorization, or violating the law and regulations of the Pilotage Commission and the regulations of the association; [the establishment of] membership requirements that are open to any licensed pilot serving the port, or ports for which he/she is authorized; and any other provision relevant to the operation of a pilots association. This section should not be interpreted as the requirement of an equitable division of the workload or profits among licensed pilots or apprentice or probationary pilots.
(d) The trustees of every administration and operation trust to be established with the purpose of providing a fund for the administration and operation of a reliable piloting service in the ports served by each association shall be two (2) elected officials for each recognized pilots association, two (2) officials elected by the Puerto Rico Shipowner’s Association for each recognized pilots association, and one representative of the Government of Puerto Rico, who may be an employee of any government agency or instrumentality and shall be appointed by the Chairman of the Board of Directors of the Ports Authority. The members of the Commission shall not be trustees simultaneously.
The Administrative and Operational Trust shall be financed by the surcharge which shall be imposed on the vessels that receive or are bound to receive pilotage services pursuant to this chapter. All administrative and operating expenses in providing pilotage services, except the compensation to licensed pilots, shall be paid from the funds that are covered into the trust. The trust may receive and/or procure the obtainment of funds from any other available sources, subject to said application, coordination, and obtainment of funds be part of a work plan duly approved by the Commission.
(e) The trusts shall use their trust funds with the sole purpose of providing for the administration and operation of an effective and reliable pilotage in its ports. In no case shall the funds of the trust be disbursed as individual income of the pilots.
(f) The trustees of the Administration and Operation Trust shall be responsible for the accounting and administration of the funds. Therefore, the trustees shall prepare an operating budget and a capital expense budget annually for review by the Commission. They shall also submit a certified annual financial statement and a report on its operations for review by the Commission. Capital expenses in excess of twenty thousand dollars ($20,000) shall require prior approval by the Commission.
(g) One or more pilots may incorporate under the laws of Puerto Rico to comply with their duties and obligations, as individuals or an association, in a corporate manner.
History —Aug. 12, 1999, No. 226, § 24, eff. 30 days after Aug. 12, 1999.