reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 2 - Board of River Port Pilot Commissioners › Chapter 31 - General Provisions › Section LXX-3103 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
				  terms shall have the following meaning as used in these rules.
Applicant
-one who submits an application
					 to become a river port pilot apprentice.
Apprentice
-an applicant who has been
					 selected to become a river port pilot pending successful completion of the
					 apprenticeship program
.
Apprentice Candidate
-an applicant whose
					 application has been certified by the board.
Apprentice Duties
-any activity or
					 requirement of the apprenticeship program as required by the commission.
Board
-the Board of River Port Pilot
					 Commissioners as defined in
					 R.S.
					 34:991.
Commission
-the appointment by the governor
					 authorizing one to perform the duties of a river port pilot.
Commissioner
-a member of the Board of
					 River Port Pilots Commissioners for the Port of New Orleans as appointed and
					 serving in accordance with state law.
Conviction
-having been found guilty by
					 judgment or by plea and includes cases of deferred adjudication (no contest,
					 adjudication withheld, etc.) or where the court requires a person to attend
					 classes, make contributions of time or money, receive treatment, submit to any
					 manner of probation or supervision, or forgo appeal of a trial court finding.
					 Expunged convictions must be reported unless the expungement was based upon a
					 showing that the court's earlier conviction was in error.
Deputy Pilot
-a commissioned river port
					 pilot who is piloting subject to restrictions as set forth in these
					 regulations
Drug
-all controlled dangerous substances
					 as defined in
					 R.S.
					 40:961(7).
Marine Incident
-a personal injury, loss of
					 life, discharge of pollution, collision and/or allision, wave wash or suction
					 resulting in an injury or damage, or hard grounding in which the vessel is
					 damaged or needs assistance to be re-floated.
Pilot
-river port pilots as defined in
					 R.S.
					 34:992 or any person performing duties
					 pursuant to a River Port Pilot Commission.
Prescription Medication
-medication which
					 can only be distributed by the authorization of a licensed physician as defined
					 in R.S.
					 40:961(30).
Second Pilot
-when a ship movement requires
					 two pilots, the second pilot is to support and act as a resource to the first
					 pilot.
Turn
-a turn, for the purposes of recency
					 only, shall be any pilotage of any vessel for 20 miles or any pilotage on a
					 vessel that docks, undocks, anchors, un anchors or turns around in the
					 river.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 34:991(B)(3).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 2 - Board of River Port Pilot Commissioners › Chapter 31 - General Provisions › Section LXX-3105 - Board of River Pilot Commissioners for the Port of New Orleans

Current through Register Vol. 50, No. 6, June 20, 2024
A. The duties of
				  the board are established pursuant to
				  R.S.
				  34:991.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 34:991(B)(3).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 2 - Board of River Port Pilot Commissioners › Chapter 31 - General Provisions › Section LXX-3107 - Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person
				  wishing to submit an application to become an apprentice candidate must submit
				  a written request for an application to the board at its address or by email.
				  The board's current address is:
Board of River Port Pilot Commissioners
c/o Application Request
2728 Athania Pky.
Metairie, LA 70002
brppc@cox.net
B. All applications to become an apprentice
				  candidate must be in writing, must be signed by the applicant, and presented to
				  the board. All applications must be notarized and accompanied by satisfactory
				  evidence of compliance with the board's requirements.
C. The board will issue a notice, that it
				  will accept applications for the subsequent calendar year for selection into
				  the River Port Pilot Apprenticeship Program.
D. The board will accept applications for
				  selection into the River Port Pilot Apprenticeship Program from January 1 to
				  October 31 of each year.
E. After
				  October 31, the board will review the applications, schedule physicals, have
				  background checks on the applicant, and certify that the applicants meet the
				  criteria set forth by the board. Upon request, the board may allow the
				  applicant to submit to a physical before October 31.
F. On or about January 1 the board will
				  prepare a list of apprentice candidates eligible to be selected. The list shall
				  remain in place until December 31 at which time the list will be withdrawn and
				  a new list will be prepared in accordance with these regulations.
G. Any applicant who submits an application
				  with false or misleading information or false, misleading, forged, or altered
				  supporting documents will have their application deemed void. The board, in its
				  discretion, may prohibit the applicant from submitting an application in the
				  future. Nothing in this paragraph will affect the enforcement of state and
				  federal laws regarding the submission of false information and documents to a
				  state board.
H. When the pilots
				  notify the board that there is a necessity for pilots, the board will submit to
				  the pilots the list of eligible apprentice candidates as described in
				  §3107 F, and
				  pursuant to RS 34:993. The pilots will select the apprentice
				  candidates.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 34:991(B)(3).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 2 - Board of River Port Pilot Commissioners › Chapter 32 - Licensing, Qualifications, and Apprenticeship › Section LXX-3201 - General Qualifications

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Applicant must be of good moral character. Evidence of a clear police record
				  will be considered, but the board reserves the right to examine other sources
				  of information as to the applicant's character.
B. Applicant is and has been a voter of the
				  state of Louisiana continuously for at least two years before December 31 of
				  the year the application is submitted.
C. Applicant must not have reached the age of
				  forty prior to the first day of balloting on apprentices by the
				  pilots.
D. Applicant shall not have
				  been convicted of a felony offense involving either drugs or the personal
				  consumption of alcohol for 60 months prior to December 31st of the year the
				  application is submitted.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 34:991(B)(3) and
					 R.S.
					 34:993.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 2 - Board of River Port Pilot Commissioners › Chapter 32 - Licensing, Qualifications, and Apprenticeship › Section LXX-3203 - Licensing Qualifications

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
				  applicant must meet the below listed requirements.
1. Each applicant must hold a United States
				  Coast Guard First Class Pilot License of Steam or Motor Vessel of any gross
				  tons for the Mississippi River from Southport to the Head of Passes and for the
				  Inner Harbor Navigation Canal (Industrial Canal) from the Mississippi River to
				  Lake Pontchartrain. In the event the Inner Harbor Navigation Canal is closed
				  and or navigation on the canal is severely restricted. The board in its
				  discretion may waive the requirement of a first class pilot license on all or
				  part of the Inner Harbor Navigation Canal.
2. Each applicant must meet one of the
				  following requirements:
a. a United States
				  Coast Guard Master of Steam or Motor Vessels of less than 1600 gross registered
				  tons or any upgrade thereof upon Inland Waters, Rivers or Lakes; or
b. a United States Coast Guard second mate's
				  license (or any upgrade thereof) of steam or motor vessels of any gross tons
				  upon oceans.
3. Each
				  applicant must have held one of the licenses described in
				  §3203.A 1, A.2.a, or
				  A.2.b for a period of one year prior to December 31st of the year the
				  application is submitted to become an apprentice candidate.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 2 - Board of River Port Pilot Commissioners › Chapter 32 - Licensing, Qualifications, and Apprenticeship › Section LXX-3205 - Education Qualifications

Current through Register Vol. 50, No. 6, June 20, 2024
A. In addition to
				  the requirements described herein, the Applicant must have a bachelor's degree
				  or diploma granted by a college or university accredited by one of the regional
				  accreditation agencies recognized by the United States Department of Education
				  for the accreditation of degreegranting institutions of higher
				  education.
B. Applicants shall
				  document the aforementioned requirements by providing the board with an
				  official transcript of the mandatory educational requirements.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 34:991(B)(3).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 2 - Board of River Port Pilot Commissioners › Chapter 32 - Licensing, Qualifications, and Apprenticeship › Section LXX-3205 - Education Qualifications

Current through Register Vol. 50, No. 6, June 20, 2024
A. The pilot
				  apprentice applicant shall be a graduate from either The U.S. Merchant Marine
				  Academy (deck curriculum), The U. S. Coast Guard Academy and qualified as
				  officer-in-charge of a navigational watch, The U.S. Naval Academy and qualified
				  as officer-in-charge of a navigational watch, The Great Lakes Maritime Academy
				  (deck curriculum) or any other maritime academy approved by and conducted under
				  rules prescribed by the federal maritime administrator and listed at Title 46,
				  Code of Federal Regulations, Part 310 . Additionally, each applicant must have
				  held one of the licenses described in
				  §3203.
				  A 1, A.2.a., or A.2.b. for a period of one
				  year prior to December 31 of the year the application is submitted to become an
				  apprentice candidate.
B. Applicants
				  shall document the aforementioned requirements by providing the board with an
				  official transcript of the mandatory educational requirements.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 34:991(B)(3).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 2 - Board of River Port Pilot Commissioners › Chapter 32 - Licensing, Qualifications, and Apprenticeship › Section LXX-3207 - Physical Qualifications

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  applicant, when requested, must be examined by a physician, clinic, or group of
				  physicians of the board's choosing to determine the applicant's physical
				  condition. The examination report must reflect to the board's satisfaction that
				  the applicant's physical condition is satisfactory and commensurate with the
				  work and responsibilities of a pilot, and will enable the applicant to safely
				  perform the duties of pilotage. The board shall have no responsibilities for
				  the examinations or their results. The applicant submitting to such
				  examinations will hold the board harmless from any responsibility for any
				  injury or loss, including attorneys' fees and the costs of defense, incurred as
				  a result of the examination or the reliance by the board or any others on the
				  results of such examination.
B. The
				  applicant, when requested, shall submit to an examination by a mental health
				  professional or group composed of such mental health professionals of the
				  board's choosing. The report of this examination must reflect, to the board's
				  satisfaction, that the applicant's mental condition and aptitude is
				  satisfactory and commensurate with the work and responsibilities of a pilot,
				  and will enable the applicant to safely perform the duties of pilotage. The
				  board shall have no responsibility for the examinations or their results. The
				  applicant submitting to such examinations will hold the board harmless from any
				  responsibility for any injury or loss, including attorneys' fees and the costs
				  of defense, incurred as a result of the examination or the reliance by the
				  board or any others on the results of such examination.
C. The applicants shall submit to drug and
				  alcohol screening as directed by the board.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 34:991(B)(3).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 2 - Board of River Port Pilot Commissioners › Chapter 32 - Licensing, Qualifications, and Apprenticeship › Section LXX-3209 - Apprenticeship

Current through Register Vol. 50, No. 6, June 20, 2024
A. The apprentice
				  must serve a minimum of 12 months of apprenticeship. The apprentice will handle
				  deep draft vessels over the operating territory under the tutelage of not less
				  than 50 percent of the pilots. The apprentice must perform the duties of an
				  apprentice in a professional, courteous, and prudent fashion. At all times the
				  apprentice must be fit for duty, free from any substance that may adversely
				  affect the apprentice's ability to perform apprentice duties. The apprentice
				  must set forth in detail the names of the vessels handled, dates handled,
				  draft, tonnage, between what points so moved, and the names of the supervising
				  pilots. No apprentice shall be permitted to be examined for commissioning who
				  has not fulfilled the requirements set forth by the board. The apprenticeship
				  work must be certified by the board during the apprenticeship program. The
				  board reserves the right to substitute work requirements, require satisfactory
				  completion of additional trips, extended the apprenticeship, or terminate the
				  apprenticeship when deemed necessary.
B. In compliance with
				  R.S.
				  34:993, the board shall hold examinations of
				  the apprentices as to their knowledge of pilotage and their proficiency and
				  capability to serve as pilots. These examinations shall be given in such manner
				  and shall take such form as the board may, in its discretion from time to time,
				  elect.
C. The board shall certify
				  for the governor's consideration those apprentices who satisfactorily complete
				  all requirements established by state law and these rules and who complete and
				  pass any examinations given by the board.
D. Should the apprentice fail any
				  examination, violate any rule or regulation of the board, fail to fulfill the
				  duties of an apprentice or engage in any conduct or activity that is unsafe,
				  unprofessional and/or demonstrates a lack of judgment, the board, in its
				  discretion, may terminate the apprenticeship, or may designate additional
				  apprenticeship requirements to be satisfied by the apprentice before the
				  apprentice may again petition the board for examination.
E. If an apprentice fails to successfully
				  satisfy the requirements of the apprenticeship program within 24 months as
				  determined by the board, the apprenticeship may be terminated at the board's
				  discretion.
F. The apprentice shall
				  submit to drug and alcohol screening as determined by the board in its
				  discretion.
G. The apprentice shall
				  report to the board any change in their physical or mental condition that may,
				  in any way, affect their performance as an apprentice.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 34:991(B)(3).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 2 - Board of River Port Pilot Commissioners › Chapter 32 - Licensing, Qualifications, and Apprenticeship › Section LXX-3211 - Age Restrictions

Current through Register Vol. 50, No. 6, June 20, 2024
A. A pilot
				  shall be required to resign their pilot commission in the calendar year the
				  pilot attains the age of 70.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 34:991(B)(3).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 2 - Board of River Port Pilot Commissioners › Chapter 33 - Deputy Pilots › Section LXX-3301 - Restricted Duties Guidelines

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  The deputy pilot development program is a mandatory program administered by the
				  board to develop pilot skill after the pilot receives a pilot commission or
				  license.
B. The deputy pilots shall
				  adhere to the guidelines and restrictions established by the board which may
				  factor the following considerations:
1. length
				  of the vessel;
2. cargo carried by
				  the vessel;
3. draft of the
				  vessel;
4. river stage;
5. visibility restrictions;
6. designating the deputy pilot to serve as a
				  second pilot;
7. restrict the
				  deputy pilot from performing certain pilot services during the deputy
				  period;
8. any restrictions the
				  board may seem appropriate.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 2 - Board of River Port Pilot Commissioners › Chapter 34 - Drug and Alcohol Policy › Section LXX-3401 - Drug Use

Current through Register Vol. 50, No. 6, June 20, 2024
A. Pilots and
				  apprentices shall be free of the use of any drug as defined in §3103,
				  excluding prescription medication as defined in
				  §3103 so long
				  as the use of such prescription medication does not impair the physical
				  competence of the pilot.
B. The
				  board shall designate a testing agency or agencies to perform scientific test
				  or tests to screen for the presence of drugs. These drug tests shall be
				  conducted at random, post incident, and for reasonable suspicion at the
				  discretion of the board.
C. All
				  pilots and apprentices shall submit to scientific testing and screening for
				  drugs when directed by the board.
D. The results of drug testing and screening
				  shall be confidential and disclosed only to the Board and the pilot tested,
				  except that:
1. the board may report the
				  results to the governor, the Board of Directors of the Crescent River Port
				  Pilot Association, and the United States Coast Guard;
2. in the event that the board determines
				  that a hearing is required, there shall be no requirement of confidentiality in
				  connection with the hearing.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 2 - Board of River Port Pilot Commissioners › Chapter 34 - Drug and Alcohol Policy › Section LXX-3403 - Alcohol Use

Current through Register Vol. 50, No. 6, June 20, 2024
A. No pilot shall
				  consume any alcohol of any nature whatsoever within six hours before, or
				  during, the performance of pilotage duties.
B. No pilots shall perform their duties when
				  their blood alcohol content is 0.04 or greater.
C. Any pilots who believe they would be in
				  violation of any of these rules if he were to perform their duties is obligated
				  to remove themselves from duty. The pilot is the absolute insurer of their
				  state of mind, physical abilities, and overall well-being.
D. The board may require a pilot to submit to
				  a blood alcohol test upon complaint or reasonable suspicion that a pilot is
				  performing under the influence of alcohol while piloting.
E. Any pilot who refuses to submit to
				  scientific testing or screening for alcohol fails to cooperate fully with the
				  testing procedures, or in any way tries to alter the test results shall be
				  suspended from performing the duties of a pilot pending a hearing. Such refusal
				  to cooperate will be considered as a positive test.
F. Any pilot found to be in violation of this
				  Section may be reprimanded, fined, evaluated and/or treated for alcoholism
				  and/or have their commission suspended or revoked.
G. Any pilot who is required to undergo an
				  evaluation and/or treatment shall do so at their own expense and
				  responsibility; the physician, as well as the evaluation and treatment facility
				  must be approved by the board.
H.
				  The board reserves the right to set a stricter standard of alcohol use for
				  apprentices. Any apprentice who in violation of this regulation or the higher
				  standard established in the apprenticeship program is subject to immediate
				  termination of their participation in the apprenticeship program.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 34:991(B)(3).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 2 - Board of River Port Pilot Commissioners › Chapter 35 - Continuing Education › Section LXX-3501 - Continuing Professional Education

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every pilot seeking to maintain a pilot's
				  commission must attend 40 hours of professional education classes and programs
				  every five-year cycle as defined by the board.
B. In addition, the pilot must attend a man
				  model ship training program every five years.
C. Professional education classes and
				  programs must be approved by the board.
D. It shall be the responsibility of the
				  pilot to attend the professional education approved by the board.
E. It shall be the responsibility of the
				  pilot to file with the board proof that the pilot has attended the required
				  professional education.
F. Any
				  pilot who fails to attend the required professional may be reprimanded, fined,
				  and/or suspended until the pilot complies with this Section.
G. The board, for good cause shown, may grant
				  a waiver or extend the time for a pilot to complete the continuing professional
				  education requirement.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 34:991(B)(3).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 2 - Board of River Port Pilot Commissioners › Chapter 36 - Investigation, Competence, Complaints and Criminal Convictions › Section LXX-3601 - Marine Incident Investigation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any pilot piloting a vessel involved or
				  allegedly involved in a marine incident shall, as soon as practical, notify the
				  board of the incident by telephone. However, said notice must occur within two
				  hours of the incident.
B. The pilot
				  shall provide the board a written report on the form provided by the board
				  within two days after the marine incident was first reported.
C. The pilot shall be available to the board
				  and cooperate with the board during the board's investigation of the marine
				  incident.
D. The pilot shall
				  provide the board a detailed written statement of the marine incident if
				  requested by the board. The report shall be provided to the board with 10 days
				  of the board's request. The board, in its discretion, may grant an
				  extension.
E. A pilot failing to
				  comply with these regulations may be reprimanded, fined, and/or
				  suspended.
F. After its
				  investigation of the marine incident, the board may render a findings and
				  conclusions. The findings and conclusions is solely and exclusively the opinion
				  of the board relative to the conduct of the pilot and is not intended to be
				  introduced as evidence in legal proceedings. Pursuant to
				  R.S.
				  34:1005 all communications between the pilot
				  and the board are deemed confidential, and the findings and conclusions of the
				  board shall not be deemed discoverable or relevant in any civil
				  proceeding.
G. The board may, under
				  the procedure herein set out, examine such cases of dereliction of duty of a
				  pilot as come to their attention, and on the basis of such examination make
				  recommendations to the governor relative to the pilot's commission. The pilot
				  may elect to consent to such corrective or remedial steps as may be suggested
				  by the board under the circumstances, waiving executive review. All violations
				  of the regulations of any governmental agency by a pilot shall come within the
				  purview of this Rule.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 34:991(B)(3).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 2 - Board of River Port Pilot Commissioners › Chapter 36 - Investigation, Competence, Complaints and Criminal Convictions › Section LXX-3603 - Competence

Current through Register Vol. 50, No. 6, June 20, 2024
A. All pilots shall
				  complete at least 60 turns each calendar year.
B. Any pilot who has not piloted at least 60
				  turns in a calendar year shall be required to report the said absence to the
				  board. Prior to returning to the duties of a pilot, the pilot must satisfy the
				  return to duty requirements set forth by the board.
C. Any pilot or apprentice who for any reason
				  becomes physically or mentally incompetent to perform the duties of a pilot is
				  required to immediately notify the board.
D. Pilots are the absolute insurer of their
				  state of mind, physical abilities, and overall well-being.
E. Any pilot who lacks the competency to
				  perform the duties of a pilot shall be suspended from performing the duties of
				  a pilot pending a hearing.
F.
				  Pilots found to be incompetent may be evaluated and/or have their commission
				  suspended or revoked.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 34:991(B)(3).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 2 - Board of River Port Pilot Commissioners › Chapter 36 - Investigation, Competence, Complaints and Criminal Convictions › Section LXX-3605 - Complaints

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person
				  having cause to file a complaint against a pilot may file such complaint with
				  the board.
B. The complaint may be
				  sent to the board at its address.
Board of River Port Pilot Commissioners
2728 Athania Pky
Metairie, LA 70002
brppc@cox.net
C. The board shall investigate all complaints
				  and take all appropriate action based on the nature of the complaint.
D. The board shall review all anonymous
				  complaints and shall investigate and if necessary take appropriate action on
				  complaints with merit in the board's discretion.
E. Any person wishing to make an anonymous
				  complaint against a pilot may do so by calling the board at (504) 218-7477 or
				  by forwarding an anonymous letter to the above address.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 34:991(B)(3).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 2 - Board of River Port Pilot Commissioners › Chapter 36 - Investigation, Competence, Complaints and Criminal Convictions › Section LXX-3607 - Criminal Convictions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				  pilot or apprentice convicted of the following must notify the board prior to
				  returning to duty as a pilot:
1. a
				  felony;
2. any offense in which the
				  use of drugs or alcohol is involved.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 2 - Board of River Port Pilot Commissioners › Chapter 37 - Duty of the Pilot › Section LXX -3701 - Duty of the Pilot

Current through Register Vol. 50, No. 6, June 20, 2024
A. The pilot's
				  duties and responsibilities are particular to a pilotage area. A pilot is
				  required to inform a vessel's navigators of the local conditions in the
				  pilotage area. The pilot is required to possess qualities of expertise and
				  knowledge in the territory of the pilotage waters.
B. The pilot is required to perform this
				  service with the necessary skill and without neglect. The pilot is not the
				  insurer of the vessel's safety. The vessel's master and the ship owner are
				  responsible for the sufficiency of the ship and its equipment, the competence
				  of the master, and the crew and their duty to appropriately respond to the
				  advice provided by the pilot.
C.
				  Notwithstanding the responsibility of the pilot to keep the vessel's crew
				  apprised of the local conditions, the master or designee remains in command of
				  the vessel and must intervene in the vessel's navigation if the master deems it
				  is appropriate
D. The pilot is
				  required to maintain a current telephone number, text number, email, and
				  address with the board in the manner prescribed by the board.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 34:991(B)(3).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 2 - Board of River Port Pilot Commissioners › Chapter 38 - Pilotage Required › Section LXX-3801 - Pilot Required

Current through Register Vol. 50, No. 6, June 20, 2024
A. A pilot is
				  required on every vessel subject to pilotage any time the vessel is moved or
				  relocated or if it is the intent to move or relocate the vessel.
B. A pilot is required or on any vessel that
				  cannot maintain safe moorings or maintain its proper position at
				  anchor.
C. The board shall enforce
				  pilot laws pursuant to the law.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 34:991(B)(3).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 2 - Board of River Port Pilot Commissioners › Chapter 39 - Hearings and Committees › Section LXX-3901 - Hearings

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board may
				  conduct hearings to perform its duties. The board in its discretion may appoint
				  a hearing officer to conduct investigations. The hearing officer shall not be a
				  member of the board. The hearing officer shall timely conduct investigations
				  subject to the hearing procedure established by the board. Upon the completion
				  of the hearing, the hearing officer shall timely file a "report of hearing"
				  with the board. The board in its discretion may accept, modify, or reject the
				  report and conduct an independent hearing.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 34:991(B)(3).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 2 - Board of River Port Pilot Commissioners › Chapter 39 - Hearings and Committees › Section LXX-3905 - Committees

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board may
				  create committees to assist the board in the performance of its
				  duties.
B. The committee will be
				  chaired by a member of the board and will report to the board.
C. The size and members of the committee
				  shall be designated by the board.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 34:991(B)(3).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 3 - Board of Examiners for the New Orleans and Baton Rouge Steamship Pilots › Chapter 61 - General Provisions › Section LXX-6101 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. As mandated by
				  R.S.
				  34:1041, these rules and regulations are
				  issued by the Board of Examiners for New Orleans and Baton Rouge Steamship
				  Pilots in accordance with the Louisiana Administrative Procedure Act,
				  R.S.
				  49:950 et seq., for the purpose of adopting
				  rules, regulations and requirements regarding the general operation of the
				  board.
B. This board is the sole
				  competent pilotage authority statutorily created for the purpose of regulating,
				  supervising and overseeing the body of pilots authorized by
				  R.S.
				  34:1042, et seq. These rules shall apply to
				  all applicants, apprentice pilots and commissioned pilots.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:1041 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 3 - Board of Examiners for the New Orleans and Baton Rouge Steamship Pilots › Chapter 61 - General Provisions › Section LXX-6102 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
Applicant-
any person who has submitted an
					 application to be considered for selection into the Pilot Development Program
					 for New Orleans and Baton Rouge Steamship Pilots.
Apprentice-
any person duly selected by the
					 members of NOBRA, but not yet commissioned, who is serving in the Pilot
					 Development Program.
Association
or
Pilot
					 Association-
the New Orleans and Baton Rouge Steamship Pilots
					 Association.
Board of Examiners
or
Board-
th e Board of Examiners for New Orleans and Baton Rouge
					 Steamship Pilots for the Mississippi River, as designated in
					 R.S.
					 34:1042.
Examiner(s)-
those individuals appointed,
					 as per law, to be members of the Board of Examiners for New Orleans and Baton
					 Rouge Steamship Pilots.
Pilot(s)-
New Orleans and Baton Rouge
					 steamship pilot(s), as designated in
					 R.S.
					 34:1043.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:1041 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 3 - Board of Examiners for the New Orleans and Baton Rouge Steamship Pilots › Chapter 61 - General Provisions › Section LXX-6103 - Appointment

Current through Register Vol. 50, No. 6, June 20, 2024
A. When there is a
				  need for new examiners, the board shall make recommendations to the governor
				  for replacement(s) to fill any vacancies.
B. When this need arises the board shall
				  recommend only those pilots who have served at least five years as an
				  unrestricted Louisiana state commissioned New Orleans and Baton Rouge steamship
				  pilot.
C. Examiners in the
				  performance of their statutory duties have the exclusive and complete authority
				  to determine their work schedule. Further, examiners shall not suffer any loss
				  of benefits or compensation while they are performing their duties.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:1041 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 3 - Board of Examiners for the New Orleans and Baton Rouge Steamship Pilots › Chapter 61 - General Provisions › Section LXX-6104 - Expenses

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board shall
				  maintain an office and conduct business as is necessary to fulfill its
				  legislative mandate and/or as may be required by these rules.
B. All ordinary and necessary operating and
				  administrative costs and expenses of the board, including, but not limited
				  to
,
the cost of administrative offices, furniture and
				  fixtures, communications, transportation, office supplies and equipment,
				  publications, travel, examiners' reimbursement, attorney fees, expert fees,
				  costs
,
expenses of litigation or any other expenses whatsoever
				  incurred by the board while performing its duties shall be provided by the
				  pilots and timely paid through their pilot association.
C. The board shall have the authority to hire
				  administrative staff and any other staff, independent contractors or
				  investigators in order to provide assistance in the implementation of these
				  rules.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:1041 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 3 - Board of Examiners for the New Orleans and Baton Rouge Steamship Pilots › Chapter 61 - General Provisions › Section LXX-6105 - Rules, Records, Meetings, Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. All board rules must be adopted by a
				  majority of the examiners. The board shall maintain records in accordance with
				  R.S.
				  44:1 et seq., and all other state laws. The
				  board shall conduct its meetings in accordance with
				  R.S.
				  42:4.1 et seq., and any other state
				  laws.
B. The board shall hold
				  quarterly meetings on the call of the president or by a majority of the
				  examiners. The president has the prerogative of calling additional meetings as
				  needed to conduct business upon giving proper notice, as required by
				  law.
C. Any formal action taken by
				  the board shall be by a majority vote when there is a quorum present. A
				  majority of the board constitutes a quorum.
D. These rules shall apply to all applicants,
				  apprentice pilots and New Orleans and Baton Rouge steamship pilots.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:1041 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 3 - Board of Examiners for the New Orleans and Baton Rouge Steamship Pilots › Chapter 61 - General Provisions › Section LXX-6106 - Association of Pilots

Current through Register Vol. 50, No. 6, June 20, 2024
A. The pilots
				  may form themselves into an association not in conflict with the rules and
				  regulations of the board.
B. The
				  formation of an association incorporated or unincorporated which is for the
				  purpose of providing pilotage service under the law, including but not limited
				  to R.S.
				  34:1047, must be submitted to the board for
				  approval.
C. The board hereby
				  recognizes the fact that the New Orleans and Baton Rouge steamship pilots have
				  formed themselves into a legal registered corporation known as the New Orleans
				  and Baton Rouge Steamship Pilots Association.
D. No pilot association, has any authority to
				  impose or legislate any rules, bylaws or charter provisions affecting the
				  board; further, any attempt to exercise any authority over or affecting the
				  board is a violation of these rules.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 34:l04l et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 3 - Board of Examiners for the New Orleans and Baton Rouge Steamship Pilots › Chapter 61 - General Provisions › Section LXX-6107 - Duties and Responsibilities of Pilots

Current through Register Vol. 50, No. 6, June 20, 2024
A. It is the duty and responsibility of
				  pilots to provide for dispatching services and to maintain continuous
				  communications sufficient to accept requests and dispatch orders for pilotage
				  services 24 hours each day 7 days each week.
B. The pilots shall organize themselves and
				  be available for duty and accept pilotage assignments in accordance with a work
				  rotation schedule.
C.
				  Notwithstanding any sections of these rules, the board reserves the right to
				  compel each and every individual pilot to be available for and accept orders
				  for pilotage assignments in declared emergency situations or in other
				  overriding operational conditions.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 34:l04l et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 3 - Board of Examiners for the New Orleans and Baton Rouge Steamship Pilots › Chapter 61 - General Provisions › Section LXX-6108 - Severability

Current through Register Vol. 50, No. 6, June 20, 2024
A. It is understood
				  that any provision and/or requirement herein that is deemed invalid or
				  unenforceable, for any reason whatsoever, may be severed from the whole and
				  that the remaining provisions and/or requirements shall be deemed
				  valid.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:1041 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 3 - Board of Examiners for the New Orleans and Baton Rouge Steamship Pilots › Chapter 62 - Qualifications and Examination of Pilots › Section LXX-6201 - Statement of Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purposes
				  of these rules and regulations is to establish standards for recommendation by
				  the board to the governor of the State of Louisiana for appointment as a New
				  Orleans and Baton Rouge steamship pilot, pursuant to
				  R.S.
				  34:1043.
B. The board is charged by the Louisiana
				  Legislature with the responsibility of promoting the health, safety and welfare
				  of the citizens of the State of Louisiana and maintaining safety of maritime
				  commerce along the Mississippi River. To this end, the board has set the
				  requisite qualifications to become a pilot at a high level. The combination of
				  education, licensing and experience will foster the type of conscientious
				  pilots who will conduct themselves in a professional manner. It is the sole
				  responsibility of each individual state commissioned pilot to conduct
				  themselves in accordance with the rules and regulations of this
				  board.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:1041 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 3 - Board of Examiners for the New Orleans and Baton Rouge Steamship Pilots › Chapter 62 - Qualifications and Examination of Pilots › Section LXX-6202 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. As mandated by
				  R.S.
				  34:1041, these rules and regulations are
				  issued by the board in accordance with the Louisiana Administrative Procedure
				  Act, R.S.
				  49:950 et seq., for the purpose of adopting
				  rules, regulations and requirements regarding the general qualifications and
				  examination of pilots.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:1041 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 3 - Board of Examiners for the New Orleans and Baton Rouge Steamship Pilots › Chapter 62 - Qualifications and Examination of Pilots › Section LXX-6203 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. As used in this
				  Chapter, the following terms, unless the context otherwise requires or unless
				  redefined by a particular part hereof, shall have the following
				  meanings:
Accredited Institution of Higher
					 Learning-
an institution that is accredited by the Commission of
					 Colleges of the Southern Association of Colleges and Schools, the Louisiana
					 Community and Technical College System, or is part of the Louisiana State
					 University System or one whose credits are honored by any of these
					 systems.
Administrative Procedure Act (APA)-
the
					 Louisiana Administrative Procedure Act,
					 R.S.
					 49:950 et seq.
Applicant-
any person who has submitted an
					 application to be considered for selection into the Pilot Development Program
					 for New Orleans and Baton Rouge Steamship Pilots.
Application-
the completed written
					 application including all supporting documentation supplied to the board by an
					 applicant who desires to become a New Orleans and Baton Rouge steamship
					 pilot
Apprentice-
any person duly selected by the
					 members of NOBRA, but not yet commissioned, who is serving in the Pilot
					 Development Program.
Association
or
NOBRA-
New
					 Orleans and Baton Rouge Steamship Pilot Association.
Board of Examiners
or
Board-
Board of Examiners for New Orleans and Baton Rouge
					 Steamship Pilots for the Mississippi River, as established in
					 R.S.
					 34:1041 et seq.
Deputy Pilot-
a commissioned pilot in the
					 Pilot Development Program.
NOBRA Pilot-
a state commissioned New
					 Orleans and Baton Rouge Steamship Pilot, as designated in
					 R.S.
					 34:1041, et seq.
Pilot Development Program-
a period of
					 training and instruction administered to apprentice and deputy
					 pilots.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:1041 et
					 seq.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXX - River Pilots › Subpart 3 - Board of Examiners for the New Orleans and Baton Rouge Steamship Pilots › Chapter 62 - Qualifications and Examination of Pilots › Section LXX-6204 - Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person
				  wishing to submit an application to enter the Pilot Development Program shall
				  obtain an application from the board. The board's contact information is:
Board of Examiners for New Orleans and Baton Rouge
					 Steamship Pilots for the Mississippi River
2805 Harvard Avenue, Suite 101
Metairie, Louisiana 70006
Telephone: 1 (504) 887-5797
Facsimile: 1 (504) 887-5799
Website: www.nobraexaminers.louisiana.gov
B. All applications shall be in writing,
				  signed by the applicant and presented to a member of the board or their
				  authorized representative by the applicant. All persons wishing to submit an
				  application shall make an appointment with an examiner or their authorized
				  representative by contacting the board's office. All applications shall be
				  notarized and be accompanied by satisfactory proof of compliance with all of
				  the board's objective requirements. Upon submission a board member or their
				  authorized representative will provide a stamped copy to the applicant
				  indicating the date and time of submission. The board or their authorized
				  representative shall reject all deficient applications and provide an applicant
				  written notice of the specific deficiency.
C. It is the responsibility of the applicant
				  to inform the board of any changes in their contact information.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 34:1041 et
					 seq.