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) › § 361t - Rates

(a) The Commission is authorized to adopt such rules, which being consistent with this chapter, [that] are at the same time, necessary for it to comply with the duties and obligations imposed by this section. The Commission shall recruit whatever personnel is needed to comply with the duties that are imposed by this section.
(b) Any funds received, pursuant to this section, shall be deposited in the account of the Puerto Rico Pilotage Commission.
The Commission shall pay all expenses incurred pursuant to this section.
(1) The Commission is empowered under this chapter to fix, by regulations, pilotage rates and surcharges to be charged by the licensed pilots, to defray the direct expenses of the Commission’s Administration and Operations Trust, and to be covered into the Puerto Rico Harbor Pilot’s Pension and Welfare Plan of the Trust. After holding public hearings pursuant to the Uniform Administrative Procedures Act, §§ 2101 et seq. of Title 3, the pilotage and surcharge rates in effect on the date the act becomes effective, may be billed and collected until the Commission fixes different rates and surcharges, as provided in this chapter.
(2) All applications for changes in the rates or surcharges shall be filed, in writing, at the Commission, pursuant to the rules it determines. In the event that an application for the change of rates or surcharges is filed by a pilot or a duly recognized pilots association, it must include a certified financial statement, an income and expenses statement, and a general balance sheet prepared by the certified public accountant of the pilot or the pilots association that requests it, and all relevant fiscal and non fiscal information on the pilotage activities within the harbor in question, including the financial information of any entity, or entities, property, in whole or in part, of the pilot or the pilotage association that provides services related to pilotage in harbors or ports. In the case of applications for changes in rates or surcharges filed by persons who are not pilots or pilotage associations, the information regarding financial statements shall be required solely in the measure that said information is relevant to the application or subsequent arguments before the Commission.
(3) The Commission shall investigate and determine whether the change in the rate or surcharge will be aboveboard, fair and reasonable in accordance with the rules established by the Commission. In addition to the publication required by law, the public hearing to determine the pilotage rates and surcharges shall be served by mail to every person who formally requested to be notified of any application for a change of rates or surcharges in the harbor in question. Said notice shall inform all interested parties that they may file an answer to the petition, an additional or alternate petition, or any other allegation, within thirty (30) days following the publication of the notice, and shall specify the date that the answer or any responsive allegation must be filed. The Commission must conclude its investigation, hold a public hearing, and determine whether it will modify the pilotage rates or surcharges, within ninety (90) days following the filing of the complete applications.
(4) When the Commission examines whether the application for a change in the rates or surcharges will result in a clear, fair or reasonable one, it must consider the public interest in promoting and maintaining efficient, reliable and safe pilotage services. The Commission may also consider the following factors:
(A) The public interest that there be duly qualified pilots in every port that will render the service to every vessel that requires it.
(B) The determination of the average net income of the pilot in the different ports, including the worth of all the other fringe benefits they receive from pilotage. For the purposes of this subsection, “net income of the pilots” shall mean the total rates charged for pilotage in a port, less the operating expenses that are not being defrayed by other sources, divided by the number of active pilots in the port.
(C) The operating expenses of the pilots in each port.
(D) The average time it takes each pilot to render a service and the average number of services rendered while on duty.
(E) The prevailing remuneration of individuals in the maritime industry in a professional position comparable to that of pilots, taking into consideration that in order to attract persons who qualify as pilots of excellence, the pilot’s compensation must be equal to or higher than that of said individuals.
(F) The impact that the change of rates can have on the compensation of an individual pilot, if said change can provoke a dearth of qualified pilots or apprentice or aspirant pilots.
(G) Possible changes in the traffic of vessels.
(H) Cost of the retirement and medical plans and the cost of the Administration and Operation Fund.
(I) Risks inherent to piloting.
(J) The characteristics, risks and dangers of each harbor.
(K) Any other factor that the Commission deems as relevant for the determination of a fair and reasonable rate.
(c) The Commission shall fix the rates and surcharges pursuant to this section, based on the applicable formula or a combination of the following characteristics of the vessels:
(1) The length, beam, net tonnage, gross tonnage, draught tonnage, free deck or topside height, and any other dimension of the vessel to be piloted.
(2) The draft of vessels to be piloted.
(d) The Commission shall have the discretion to appoint an examining official to determine the pilotage rates, surcharges and/or any other matter deemed necessary.
History —Aug. 12, 1999, No. 226, § 23, eff. 30 days after Aug. 12, 1999.