reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 7 - Hiring Regulations For Registrants › Maintaining and Availability of Records: Monitoring › Section 7.42 - Recording of telephone calls; monitoring by commission

Current through Register Vol. 46, No. 28, July 10, 2024
All telephone calls to and from the THEIC in connection
					 with all phases of the telephone hiring system operation shall be recorded and
					 all said recordings made by the New York Shipping Association, Inc., the
					 International Longshoremen's Association or by a joint board of the New York
					 Shipping Association, Inc. and the International Longshoremen's Association,
					 shall be retained for a period of six months under the sole custody and control
					 of the commission. The commission may review and abstract said recordings in
					 any manner. The commission may also monitor, in any manner, any and all
					 incoming or outgoing telephone calls concerning the telephone hiring system
					 operation.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 7 - Hiring Regulations For Registrants › Prohibited Conduct › Section 7.43 - Unauthorized hiring and solicitation of employment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person shall, directly or indirectly,
				  hire any person for work as a longshoremen or checker within the Port of New
				  York District, except through employment information centers established by the
				  commission. No person shall accept any employment as a longshoreman or checker
				  within the Port of New York District, except through such employment
				  information centers.
(b) No person
				  shall report for or solicit employment at any pier or terminal without having
				  previously been selected and validated for employment through an employment
				  information center. No gang foreman or any other person shall instruct or
				  advise any person to report for or solicit employment at any pier or terminal
				  prior to that person's selection and validation through an employment
				  information center.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 7 - Hiring Regulations For Registrants › Prohibited Conduct › Section 7.44 - Unauthorized participation in hiring

Current through Register Vol. 46, No. 28, July 10, 2024
Except as specifically provided in section
					 7.20(b) of this
					 Part, no person shall participate or attempt to participate in any way,
					 directly or indirectly, in the identification, selection or designation of a
					 person for any list or roster established by the commission pursuant to these
					 regulations or for employment as a longshoreman or checker, or of a gang for
					 employment, except a licensed hiring agent, his superior or a person for whom
					 permission is granted by the commission upon application of his employer and
					 for whom appropriate identification has been issued.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 7 - Hiring Regulations For Registrants › Prohibited Conduct › Section 7.45 - Unauthorized conduct in employment information centers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No persons except licensed and registered
				  persons shall have access to the employment information centers without
				  approval from the commission. It shall be the policy of the commission to grant
				  to representatives of management and the union permission to observe the
				  hiring.
(b) No person shall in or
				  upon any area, stairway or other appurtenance of an employment information
				  center, sell or offer for sale any article of merchandise; conduct or solicit
				  any business or trade; solicit alms, funds or contributions for any purpose; or
				  post, distribute or display signs, advertisements, circulars, printed or
				  written matter.
(c) No person shall
				  gamble, conduct or engage in any game of chance in or upon any area, stairway
				  or any other appurtenance of an employment information center.
(d) No person shall deface, mark, break or
				  otherwise damage any part of a center or any property therein, or create a
				  disturbance in or about a center or do any act or thing which shall create a
				  nuisance in or about a center.
(e)
				  No person who is unable to give a satisfactory explanation of his presence
				  shall loiter in or about any lavatory area, stairway or other appurtenance of
				  an employment information center.
(f) Except in any area designated by the
				  commission as a smoking area, no person shall smoke or carry a lighted
				  cigarette, cigar or pipe in or upon any area, stairway or any other
				  appurtenance of an employment information center.
(g) Any permission granted by the commission,
				  directly or indirectly, expressly or by implication, to any person or persons
				  to enter upon or use an employment information center or any part thereof is
				  conditioned upon acceptance of and compliance with the provisions of this
				  section.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 7 - Hiring Regulations For Registrants › Prohibited Conduct › Section 7.46 - Tampering with THS

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person shall
				  directly or indirectly tamper with or utilize any telephone, computer, monitor,
				  record, transaction log, document, tape, disk, report, data or equipment
				  pertaining to the THS with intent to deceive or defraud the commission, the New
				  York Shipping Association, Inc., the International Longshoremen's Association,
				  a joint board of the New York Shipping Association, Inc. and the International
				  Longshoremen's Association or any other person.
(b) No person shall intentionally tamper
				  with, alter in any manner, or destroy any computer equipment, computer program,
				  computer data or computer material utilized in connection with the
				  THS.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 8 - Regularization Of Employment Of Longshoremen And Checkers (decasualization) › Section 8.1 - Removal from register for failure to work or be available for work

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To qualify for
				retention in the commission's "deep-sea" register, a person included in such
				register must work as a longshoremen or as a checker, or make himself available
				for work in accordance with the provisions of subdivision (b) of this section,
				a minimum of 90 days in each half-calendar year, distributed at least 15 days
				to each month during at least five of the six months in each half-calendar
				year. In administering this section, receipt of compensation by any such person
				pursuant to the guaranteed wage provisions of any collective bargaining
				agreement relating to longshoremen and/or checkers shall be counted as
				constituting actual work, provided that such is received as a result of
				compliance with the provisions of subdivision (b) of this section.
(b) A registrant may make himself available
				for work by telephoning the THEIC between the hours of 4 p.m. and 8 p.m. on the
				prior day for orders. Those registrants who do not receive orders for the next
				day shall be available between the hours of 8 a.m. and 9 a.m. on the next day
				(except Saturday, Sunday or holidays) for telephone orders.
(c) To qualify for retention in the
				commission's "A" register, a person included in such register must appear on
				the current roster of an employer of such persons. Any such employer shall
				submit to the commission, at least once a year at a time designated by the
				commission, a roster of persons it employs or intends to employ.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 8 - Regularization Of Employment Of Longshoremen And Checkers (decasualization) › Section 8.2 - Audit of availability for work

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commission may conduct audits, daily
				or otherwise, to insure that registrants are or have been available for work
				within the meaning of section
				8.1(b) of this
				Part. The results of any such audit may be entered in the THS data
				base.
(b) The association
				representing employers of longshoremen and checkers and the labor organization
				representing longshoremen and checkers in the Port of New York District, or a
				joint board of such association and labor organization, shall furnish the
				commission with any and all information necessary for the commission to
				properly perform the audits referred to in subdivision (a) of this
				section.
(c) Any audit performed by
				telecommunications system controllers shall be recorded in writing and
				furnished to the commission. The results of any such audit shall be entered
				into the THS data base. The audit sheet shall specify the registration number
				of the particular registrant contacted, whether the registrant was available or
				unavailable for work and any appropriate comments, and shall be signed by the
				person conducting the audit.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 8 - Regularization Of Employment Of Longshoremen And Checkers (decasualization) › Section 8.3 - Notice before final removal

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
				person shall be removed from the "deep-sea" register pursuant to article IX and
				section 5-c of the Act and this Part except upon two weeks' notice of his
				failure to accrue the minimum number of days required by this Part.
(b) No person shall be removed from the "A"
				register except upon two weeks' notice of his failure to appear on any current
				roster of registrants submitted pursuant to section
				8.1(c) of this
				Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 8 - Regularization Of Employment Of Longshoremen And Checkers (decasualization) › Section 8.4 - Requirements for reinstatement after removal from register

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person removed from the "deep-sea"
				longshoremen's register pursuant to article IX and section 5-c of the act and
				this Part may seek registration upon fulfilling the same requirements as for
				initial inclusion in such register, provided applications for registration are
				then being accepted by the commission pursuant to section 5-p of the act and
				provided further that at least one year has expired from the date of removal,
				except that immediate reinstatement shall be made upon a proper showing that
				the registrant's failure to work or apply for work the minimum number of days
				required by this Part was caused by the fact that the registrant was engaged in
				the military service of the United States or was incapacitated by ill health,
				physical injury, or other good cause. The registration of any person who,
				because of incapacitation by ill health or physical injury, failed to work or
				to apply for work the minimum number of days required by this Part shall be
				administratively withdrawn during the pendency of such incapacitation. Upon
				request, immediate reinstatement shall be made upon a proper showing that:
(1) the registrant is no longer
				incapacitated; and
(2) such request
				for reinstatement is no more than one year after registrant's period of
				incapacitation.
In the event such failure to work or apply for work the
				  minimum number of days required by this Part was caused by the fact that the
				  registrant was incarcerated, such registrant may be reinstated provided he
				  applies for such reinstatement within one year after the termination of such
				  incarceration. Any reinstatement under this section shall not preclude a
				  proceeding to revoke, cancel or suspend the registration of any such person
				  reinstated to the register nor the temporary suspension of such registration
				  under the provisions of article XI of the act.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 9 - Assessments › Section 9.1 - Gross payroll payments

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the term gross payroll payments shall
				  include all amounts paid or credited to longshoremen, checkers, pier
				  superintendents, hiring agents or port watchmen, whether as wages, hourly rate,
				  traveling expense (other than amounts paid to cover actual transportation
				  costs), vacation and holiday payments or guaranteed annual income (GAI)
				  payments.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 9 - Assessments › Section 9.2 - Filing of assessment returns and payment of assessments

Current through Register Vol. 46, No. 28, July 10, 2024
Every employer of persons working as registrants or licensees
				  shall, on or before the 15th day of January, April, July and October
				  immediately following any calendar quarter during which such employer has made
				  any gross payroll payments to such registrants or licensees, file with the
				  commission at its main administrative offices an assessment return on a form
				  which may be obtained from the commission and pay the assessment then due,
				  based upon the rate as fixed by the commission.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 9 - Assessments › Section 9.3 - Computing gross payroll payments paid to certain licensees

Current through Register Vol. 46, No. 28, July 10, 2024
For the purpose of computing gross payroll payments, salaries
				  and other compensation of corporate officers and other persons of equivalent
				  managerial authority who hold licenses as pier superintendents or hiring agents
				  and who perform such licensed functions only in emergency or other unusual
				  conditions may, upon submission of adequate evidence, be included only to the
				  extent that such compensation does not exceed $10,000 per
				  annum.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 9 - Assessments › Section 9.4 - Extension for filing return or paying assessment

Current through Register Vol. 46, No. 28, July 10, 2024
The commission, upon a showing of good cause, may grant a
				  reasonable extension of time for filing an assessment return or for the payment
				  of any assessment. Any application for such extension must be made prior to the
				  due date. As a condition of granting an extension of time for filing a return,
				  the commission may require the submission of a tentative return and the payment
				  of the assessment based on such tentative return.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 9 - Assessments › Section 9.5 - Failure to file return and filing incorrect return

Current through Register Vol. 46, No. 28, July 10, 2024
If in the opinion of the commission the return of any
				  employer is incorrect, the commission may revise such return and may audit and
				  state an account according to such revised return for the amount due from such
				  employer for the assessment, penalties and interest. If an employer fails to
				  make a return, the commission may estimate his gross payroll payments from any
				  information available to it. For this purpose, the commission may examine the
				  employer's books and records, take testimony, require other evidence, and audit
				  and state an account according to such information of the amount due from the
				  employer for the assessment, penalties and interest. Nothing in this section is
				  intended to or shall be construed to limit the investigating or auditing powers
				  of the commission under the Act.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 9 - Assessments › Section 9.6 - Notice of deficiency; petition for hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Whenever a deficiency in payment of the
				assessment is determined, the commission shall give notice thereof to the
				employer. Such determination shall finally and conclusively fix the amount due,
				unless the employer shall, within 30 days after the giving of notice of such
				determination, petition in writing to the commission for a hearing, or unless
				the commission on its own motion shall reduce the same. A petition for such
				hearing shall be verified and contain the following information:
(1) the name and address of the employer,
				license number, if any, the period covered by the deficiency and the date of
				the deficiency notice; and
(2) the
				grounds upon which the petition is based and each error of fact alleged to have
				been made by the commission in its determination, together with the facts and
				arguments in support thereof.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 10 - Public Loading › Section 10.1 - Persons permitted to load or unload waterborne freight for compensation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person shall
				solicit, collect, receive or contract for any fee or other compensation for the
				loading or unloading of waterborne freight onto or from vehicles other than
				railroad cars at piers or at other waterfront terminals within the Port of New
				York District unless:
(1) such person, or his
				employee, shall actually perform the loading or unloading services;
				and
(2) such person is:
(i) a carrier of freight by water, but only
				at piers at which its vessels are berthed; or
(ii) any other carrier of freight (including,
				but not limited to, railroads and truckers), but only in connection with
				freight transported or to be transported by such carrier; or
(iii) an operator of a pier or other
				waterfront terminal (including railroads, truck terminal operators,
				warehouseman and other persons), but only at a pier or other waterfront
				terminal operated by it; or
(iv) a
				shipper or consignee of freight, but only in connection with freight shipped by
				such shipper or consigned to such consignee; or
(v) a stevedore licensed under article VI of
				the Act, whether or not such waterborne freight has been or is to be
				transported by a carrier of freight by water with which such stevedore shall
				have a contract of the type prescribed by subdivision (d) of section 3 of
				article VI of the Act.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 10 - Public Loading › Section 10.2 - Persons not included as employees

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the term employee shall not include a
				  person who:
(a) offers himself for
				employment solely to perform such labor, or is employed for the sole purpose of
				performing such labor; or
(b) is
				selected or hired for employment for such labor at or in the vicinity of piers
				or other waterfront terminals; or
(c) is paid other than a weekly, daily or
				hourly wage, with appropriate deductions for Federal withholding and social
				security taxes for such labor; or
(d) shares in fees collected by his employer
				for such loading or unloading services; or
(e) is not recorded on the payrolls of the
				employer for whom he performs such labor in the same manner as other employees;
				or
(f) is not subject to the direct
				and immediate supervision of his employer in the performance of such labor;
				or
(g) uses or leases to his
				employer to perform such loading or unloading services, equipment (such as
				escalators, hi-los, fork trucks, cranes, etc.) owned by him, directly or
				indirectly, in whole or in part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 10 - Public Loading › Section 10.3 - Coercive tactics to require loading and unloading services prohibited

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall, directly or indirectly, by the use of force,
				  threats, intimidation or other coercive tactics require or attempt to require
				  the utilization of his or any other person's services to perform the loading or
				  unloading services specified in section
				  10.1 of this
				  Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter II - Board of Commissioners of Pilots › Part 50 - General Provisions › Section 50.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
The following terms when used in this Chapter shall be deemed
				  to mean and include:
(a) Navigation
				Law. The Navigation Law of the State of New York.
(b) Board. The Board of Commissioners of
				Pilots.
(c) Commissioners. The
				commissioners of pilots holding office as members of the Board of Commissioners
				of Pilots pursuant to article 6 of the Navigation Law.
(d) Secretary. The secretary of the Board of
				Commissioners of Pilots.
(e) Sandy
				Hook pilot shall mean a person licensed in accordance with State law to pilot
				ships in the Port of New York and the ports of New Jersey.
(f) Hudson River pilot. A pilot licensed by
				the commissioners under section
				91-a of the
				Navigation Law, or a full branch Hudson River pilot licensed by the
				commissioners as required by act of the Legislature of the State of New
				York.
(g) Long Island Sound-Block
				Island Sound pilot. A pilot licensed by the commissioners under section
				91-b of the
				Navigation Law, or a full branch Long Island Sound-Block Island Sound pilot
				licensed by the commissioners as required by act of the Legislature of the
				State of New York.
(h) Sandy Hook
				pilot apprentice shall mean a person duly registered with the commissioners in
				accord with these regulations and actively serving the apprenticeship
				prerequisite to admission to the Sandy Hook pilot licensing
				examination.
(i) Pilot in training.
				An experienced pilot completing passages to extend a State of New York pilot
				license or a pilot not licensed by the State of New York but who has been
				selected by the commissioners as a pilot in training for the State
				license.
(j) Pilotage or piloting
				shall mean the boarding of a vessel for the purpose of advising the ship's
				master to safely conduct it over or through the waters of New York.
(k) Sandy Hook Pilots' Association shall mean
				and include the United New Jersey Sandy Hook Pilots' Benevolent Association,
				the United New Jersey Sandy Hook Pilots' Association, the United New York Sandy
				Hook Pilots' Benevolent Association and the United New York Sandy Hook Pilots'
				Association.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter II - Board of Commissioners of Pilots › Part 50 - General Provisions › Section 50.2 - Application of regulations

Current through Register Vol. 46, No. 28, July 10, 2024
The regulations adopted by the Board of Commissioners of
				  Pilots of the State of New York shall be applicable to all pilots licensed by
				  the board, except in such cases where it appears from the regulation itself
				  that it is applicable to Sandy Hook pilots only, to Hudson River pilots only,
				  or to Long Island Sound-Block Island Sound pilots only.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter II - Board of Commissioners of Pilots › Part 50 - General Provisions › Section 50.3 - Accounting of moneys

Current through Register Vol. 46, No. 28, July 10, 2024
On or before the 15th day of each month, the pilots licensed
				  by the commissioners shall render to the Secretary of the Board an accounting
				  of all moneys collected for pilotage during the preceding month and, for the
				  use of the commissioners as provided in subdivision 1 of section
				  95 of the
				  Navigation Law, shall pay the board such portions of said moneys, but not
				  exceeding three percentum thereof, as the commissioners may from time to time
				  deem to be required.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter II - Board of Commissioners of Pilots › Part 50 - General Provisions › Section 50.4 - Oath: apprentices and pilots

Current through Register Vol. 46, No. 28, July 10, 2024
Before entering upon the duties of pilot service as such,
				  each apprentice accepted by the commissioners, each pilot in training accepted
				  by the commissioners, and each pilot licensed by the commissioners, shall
				  subscribe to the following oath before a notary public:
I do solemnly swear (or affirm) that I will uphold the
				  Constitution of the United States and the Constitution of the State of New
				  York, and that I will obey the laws of the United States and of the State of
				  New York and the lawful regulations of the Commissioners of Pilots, and that I
				  will perform my duties as (apprentice pilot) (pilot in training) (licensed
				  pilot) to the best of my ability.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter II - Board of Commissioners of Pilots › Part 50 - General Provisions › Section 50.5 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
It is the purpose of this regulation to reduce the
				  possibility of marine disasters such as collisions and pollution causing oil
				  spills in the waters of New York by setting out regulations governing the
				  piloting of foreign vessels and United States vessels sailing under register
				  and by ensuring that the State-licensed pilots charged with this responsibility
				  are qualified by high levels of training and experience.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter II - Board of Commissioners of Pilots › Part 51 - Pilot Apprentices And Pilots In Training › Section 51.1 - Sandy Hook pilot apprentices

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Scope.
				This section prescribes the necessary qualifications and application procedures
				for persons seeking to be admitted to the apprenticeship program for Sandy Hook
				pilots, a general outline of the required apprenticeship program and licensure
				examination procedures.
(b)
				Availability and number of apprentices.
(1)
				The number of Sandy Hook pilot apprentices shall be set by the Board after
				consultation with the Sandy Hook Pilots' Association and the New Jersey
				Maritime Pilot and Docking Pilot Commission ("N.J. Commission"). The number
				shall be set, so as to assure there is a sufficient number of licensed Sandy
				Hook pilots necessary to safely, properly and adequately pilot regulated
				vessels into or out of the Port of New York and New Jersey.
(2) The availability of openings for
				applicant apprentices shall be posted on the board's website at
www.nypilotcommission.org
and
				advertised in an appropriate trade journal. These advertisements shall specify
				a deadline for submitting the applications. Qualified applicants shall be
				considered without discrimination because of race, color, religion, national
				origin, sex or marital status.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter II - Board of Commissioners of Pilots › Part 51 - Pilot Apprentices And Pilots In Training › Section 51.2 - Hudson River pilots in training and Long Island Sound-Block Island Sound pilots in training

Current through Register Vol. 46, No. 28, July 10, 2024
(a) There
				shall be such number of Hudson River pilots in training and Long Island
				Sound-Block Island Sound pilots in training as the commissioners deem
				necessary. To be accepted as a pilot in training, it must be established to the
				satisfaction of the commissioners that the applicant is:
(1) a citizen of the United States of
				America, not less than 21 years of age;
(2) of good character and temperamentally
				suited to the demands of the pilot service; and
(3) physically sound, has normal visual
				acuity and color perception, has normal hearing, and is free of speech
				impediment.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter II - Board of Commissioners of Pilots › Part 51 - Pilot Apprentices And Pilots In Training › Section 51.3 - Scholastic requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Courses
				from the following list, when completed with a passing grade, will be accepted
				by the commissioners as meeting the requirements for registration as an
				apprentice or acceptance as a pilot in training:
(1) college level courses in mathematics,
				physics, chemistry, meteorology, oceanography, physical geography,
				geology;
(2) college level course
				in psychology, economics, economic geography, government, history;
(3) navigation and seamanship;
(4) engineering, naval architecture, ship
				construction, computer technology;
(5) college level courses in business;
				and
(6) the two years of English
				customarily required for a bachelor's degree; and modern foreign
				languages.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter II - Board of Commissioners of Pilots › Part 51 - Pilot Apprentices And Pilots In Training › Section 51.4 - Register of apprentices and term of service

Current through Register Vol. 46, No. 28, July 10, 2024
A register, or registers, of apprentices shall be kept by the
				  Secretary. The term of service of each apprentice shall date from the day upon
				  which the applicant's acceptance is ordered by the commissioners to be in
				  effect and no person shall become an apprentice without such
				  order.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter II - Board of Commissioners of Pilots › Part 51 - Pilot Apprentices And Pilots In Training › Section 51.5 - Register of pilots in training and term of service

Current through Register Vol. 46, No. 28, July 10, 2024
A register, or registers, of pilots in training shall be kept
				  by the secretary. The term of service of each pilot in training shall date from
				  the day upon which the applicant's acceptance is ordered by the commissioners
				  to be in effect and no person shall become a pilot in training without such
				  order.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter II - Board of Commissioners of Pilots › Part 52 - Pilot Licenses › Section 52.1 - Temporary pilot license

Current through Register Vol. 46, No. 28, July 10, 2024
Any temporary pilot license issued by the board pursuant to
				  subdivision 1 of section
				  90 of the
				  Navigation Law, shall be subject to cancellation at the discretion of the
				  board.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter II - Board of Commissioners of Pilots › Part 52 - Pilot Licenses › Section 52.2 - Posting of names of candidates for license

Current through Register Vol. 46, No. 28, July 10, 2024
The name of any person who is to be examined for license as
				  pilot shall be posted up in some conspicuous place in the office of the
				  commissioners at least five days before any examination shall be had, and any
				  person having any complaint to make against any such person shall make the same
				  in writing, with his reasons therefor.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter II - Board of Commissioners of Pilots › Part 52 - Pilot Licenses › Section 52.3 - Written examination required for original pilot license and for extension of license

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Before
				appearing before the board for oral examination, every applicant for an
				original license as pilot and every licensed pilot applying for an extension of
				route shall be required to take a written examination which shall be prescribed
				by the board.
(b) A licensed Sandy
				Hook pilot wishing to extend his license to include a route within the Port of
				New York not covered by his original license or a licensed Long Island
				Sound-Block Island Sound pilot wishing to extend his license to include a route
				or harbor on the New York waters of Long Island Sound or Block Island Sound not
				covered by his original license shall complete at least 12 passages in each
				direction on that route or in that harbor as an observer in the company of
				pilots who are licensed by the board for that route or harbor. Of these
				passages, at least six shall be made during periods of darkness.
(c) A licensed pilot eligible to extend his
				license as described in subdivision (b) of this section shall, in addition to
				the passages required by that subdivision, complete at least six passages in
				each direction as pilot in training under the supervision and close scrutiny of
				pilots who are licensed by the board for the route or harbor. During these six
				passages he shall direct the maneuvering of the vessels, including such docking
				and undocking as may customarily be performed by board-licensed
				pilots.
(d) When applying to the
				board for extension of license, the pilot shall provide a listing, sworn to or
				affirmed by him to be correct, of all passages completed to fulfill the
				requirements for the extension which shall include the names, gross registered
				tonnages, and drafts of the vessels; dates and times of passages; and names of
				pilots accompanied. He shall also provide two letters from full branch pilots
				who supervised one or more of the training passages as defined in subdivision
				(c) of this section attesting to his competency to pilot vessels on that route
				or in that harbor.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter II - Board of Commissioners of Pilots › Part 52 - Pilot Licenses › Section 52.4 - Eye examination required

Current through Register Vol. 46, No. 28, July 10, 2024
Applicants for license and pilots applying for increase or
				  renewal of license shall be examined for visual acuity and color perception by
				  a physician or an optometrist designated by the commissioners or, with the
				  permission of the commissioners, by a personal physician or optometrist.
				  Examinations by persons designated by the board will be at the board's expense.
				  Examinations by personal physicians or optometrists will be at the expense of
				  the individual being examined. If the physician or optometrist reports that a
				  pilot or an applicant for license is deficient in either visual acuity or color
				  perception, the commissioners may, at their discretion, refuse to grant a
				  license, increase, or renewal.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter II - Board of Commissioners of Pilots › Part 52 - Pilot Licenses › Section 52.5 - Term of license; exceptions

Current through Register Vol. 46, No. 28, July 10, 2024
The term of each license granted by the commissioners, except
				  as hereinafter provided, shall be for one year. If the age of mandatory
				  retirement of any pilot will be reached within a year of the date of a license,
				  then the license shall terminate as of the date of mandatory retirement. The
				  mandatory retirement age of 65 years shall apply to all pilots licensed by the
				  board, provided, however, that:
(a)
				any pilot may, within 30 days prior to attaining the age of 65 years, apply to
				the board for renewal of a license for a term of six months upon submitting to
				the board satisfactory proof of fitness, including but not limited to evidence
				of an acceptable eye examination as provided in section
				52.4 of this Part and a report of
				a medical examination by a health care provider who is a physician, physician's
				assistant or nurse practitioner duly licensed to practice in the jurisdiction
				in which such examination has been conducted. The medical examination must have
				been administered no sooner than one month prior to the application for the
				renewal of the license. The report must be signed by such health care provider
				and must include a medical examination form satisfactory to the board showing
				that the pilot is fit for duty; and
(b) any pilot whose license has been renewed
				pursuant to subdivision (a) of this section may apply to the board for
				additional renewals of a license, each for a term of six months. Such a license
				shall be subject to a mandatory retirement age of 70 years, but upon attaining
				68 years of age, a pilot's (if otherwise eligible for renewal pursuant to this
				subdivision) shall be reduced by one grade, and may be further reduced pursuant
				to section
				52.9 of this Part. Each such
				application shall be supported by all of the information required for the
				initial renewal. Every application for renewal made pursuant to this
				subdivision must comply with section
				52.10 of this Part, except that
				the board may, in its sole discretion, allow the application to be made within
				a reasonable time after the expiration of the license.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter II - Board of Commissioners of Pilots › Part 52 - Pilot Licenses › Section 52.7 - Bond requirement and sureties

Current through Register Vol. 46, No. 28, July 10, 2024
Sureties required by the commissioners to the bond to be
				  filed by each pilot pursuant to section
				  93 of the
				  Navigation Law shall be two active pilots in good standing, holding licenses
				  similar to, but not necessarily of the same grade as, the license of the pilot
				  furnishing the bond. Upon the death, resignation, retirement or revocation of
				  the license of any pilot whose name shall appear as surety upon any bond, such
				  bond shall become void and the pilot whose bond it is shall forthwith furnish a
				  new bond with two sureties acceptable to the commissioners.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter II - Board of Commissioners of Pilots › Part 52 - Pilot Licenses › Section 52.8 - Pilot licenses

Current through Register Vol. 46, No. 28, July 10, 2024
(a) There
				shall be such grades of pilot licenses as the board may from time to time
				designate. Length of service in each grade shall be determined by the board and
				such limitations may be revised from time to time in accordance with changing
				conditions.
(b) Pilots of the first
				grade shall be designated as full branch pilots; of the second grade, as
				limited branch pilots; and of the third, fourth, fifth and sixth grades, as
				deputy pilots.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter II - Board of Commissioners of Pilots › Part 52 - Pilot Licenses › Section 52.10 - Personal application for renewal or increase of license

Current through Register Vol. 46, No. 28, July 10, 2024
Application for renewal or increase of grade of license shall
				  be made by each pilot in person before the commissioners at a meeting of the
				  board held not more than 30 days prior to the expiration of the license of such
				  pilot. Any pilot applying for an increase of grade of license shall be required
				  to submit a list of the names of the vessels piloted during the year, stating
				  the dates and nature of service rendered, such as pilotage inbound, outbound,
				  or transport, and the drafts of the vessels. Any pilot applying for renewal of
				  license shall be required to submit a memorandum indicating the number of
				  vessels piloted during the year by categories--inbound, outbound or transport.
				  The memorandum shall also indicate, by dates, periods of more than five days
				  when pilots do not work while on vacation, sick leave, or for other reasons. In
				  addition, the pilot may be required to pass an examination prescribed by the
				  board.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter II - Board of Commissioners of Pilots › Part 53 - Pilot Vessels And Stations › Section 53.1 - Stationing of pilot vessels at the entrance to New York Harbor

Current through Register Vol. 46, No. 28, July 10, 2024
For the purpose of receiving pilots from outward bound
				  vessels and supplying pilots to inward bound vessels, the Sandy Hook pilots
				  shall station such pilot vessels at the entrance to New York Harbor, in the
				  vicinity of Ambrose Light Tower as may be required to provide adequate service.
				  A pilot vessel or vessels will remain on station at all times except when, in
				  the judgment of the executive committees of the Sandy Hook pilot associations
				  during periods of extreme weather and after it is determined that there will be
				  no arrivals or departures, it is deemed prudent to shift to more sheltered
				  waters. It shall be the duty of the crew of any pilot vessel on station to
				  render every necessary aid to pilots boarding and leaving
				  vessels.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter II - Board of Commissioners of Pilots › Part 53 - Pilot Vessels And Stations › Section 53.2 - Pilot station at western end of Long Island Sound

Current through Register Vol. 46, No. 28, July 10, 2024
Sandy Hook pilots assigned to vessels bound into the Port of
				  New York by way of Sands Point or Execution Rocks or out of the port by the
				  same route shall board or leave such vessels in a boat stationed at City Island
				  or some other convenient and safe location authorized by the commissioners.
				  Long Island Sound-Block Island Sound pilots in vessels arriving or departing by
				  way of Sands Point or Execution Rocks shall use similar boat
				  service.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter II - Board of Commissioners of Pilots › Part 53 - Pilot Vessels And Stations › Section 53.3 - Pilot station on the Hudson River

Current through Register Vol. 46, No. 28, July 10, 2024
Hudson River pilots and Sandy Hook pilots relieved by or
				  relieving Hudson River pilots shall board or leave off Yonkers or at some other
				  convenient and safe location authorized by the commissioners.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter II - Board of Commissioners of Pilots › Part 53 - Pilot Vessels And Stations › Section 53.4 - Pilot station at eastern end of Block Island Sound

Current through Register Vol. 46, No. 28, July 10, 2024
Long Island Sound-Block Island Sound pilots assigned to
				  vessels arriving or departing at the eastern end of Block Island Sound shall
				  board or leave vessels at a convenient and safe location where adequate boat
				  service is available.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter II - Board of Commissioners of Pilots › Part 53 - Pilot Vessels And Stations › Section 53.5 - Log book to be kept

Current through Register Vol. 46, No. 28, July 10, 2024
On board each cruising pilot vessel, or at each shore station
				  from which vessels are served without the use of a cruising pilot vessel, there
				  shall be kept a log book in which shall be recorded the time of arrival of the
				  cruising pilot vessel on, or departure from, station; names of pilots boarding
				  or leaving vessels; the names of vessels; and the time the pilot boarded or
				  left. Log book entries shall include such additional information as is required
				  in the practice of good seamanship. Log books shall be available for inspection
				  by the commissioners at all times. Each separate book, when filed, shall be
				  filed in the office of the pilot association concerned and shall continue to be
				  available for inspection by the commissioners. Shore stations may substitute
				  other forms of recordkeeping for log books but such records must include the
				  information cited above.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter II - Board of Commissioners of Pilots › Part 53 - Pilot Vessels And Stations › Section 53.6 - Pilot vessel signals

Current through Register Vol. 46, No. 28, July 10, 2024
Pilot vessels cruising or anchored on station and launches
				  servicing vessels from shore stations shall display such lights or day shapes
				  as may be required by the applicable rules of the road.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter II - Board of Commissioners of Pilots › Part 54 - Duties Of Pilotage › Section 54.1 - In the Port of New York: Ending of pilot's services; assisting in docking or undocking; mooring or leaving mooring berth; and leaving a vessel underway

Current through Register Vol. 46, No. 28, July 10, 2024
In the Port of New York a pilot's services end and a pilot is
				  entitled to discharge by the master of a vessel when the vessel has been
				  brought to a safe anchorage, or to a position in the immediate vicinity of the
				  berth to which the vessel is bound, unless the master formally requests the
				  pilot to assist with the docking or mooring. Whenever so requested, the pilot
				  shall assist with the docking or mooring. In an outbound vessel or a vessel
				  being transported they may assist with the undocking or leaving a mooring berth
				  if so requested. A pilot shall not leave a vessel underway unless the pilot has
				  been properly relieved. The duties of a pilot in an outbound vessel or a vessel
				  being transported commence when the mooring lines have been cast off and it is
				  clear of its berth. If requested to do so the pilot shall supervise the
				  maneuvering of a vessel away from its berth.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter II - Board of Commissioners of Pilots › Part 54 - Duties Of Pilotage › Section 54.2 - Hudson River pilots and Long Island Sound-Block Island Sound pilots: Ending of pilot's services; mooring or leaving a mooring berth (referred to as "docking" and "undocking" in Section 96, Part 3 of the Navigation Law); and leaving a vessel underway

Current through Register Vol. 46, No. 28, July 10, 2024
The services of a Hudson River pilot and a Long Island
				  Sound-Block Island Sound pilot in arriving vessels end and a pilot is entitled
				  to discharge when the vessel has been brought to a safe anchorage or the vessel
				  is securely moored at its berth. Hudson River pilots and Long Island
				  Sound-Block Island Sound pilots shall supervise the mooring; the departing from
				  a mooring berth; and shifting from one berth to another except when a vessel is
				  warped from one berth along a wharf to another using mooring lines and deck
				  machinery. When requested by the master to remain with a vessel at an anchorage
				  or berth, the Hudson River pilot or Long Island Sound-Block Island Sound pilot
				  shall do so or arrange for a relief and shall not leave until the relief
				  arrives. A pilot shall not leave a vessel underway unless the pilot has been
				  properly relieved.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter II - Board of Commissioners of Pilots › Part 54 - Duties Of Pilotage › Section 54.3 - Transporting vessels within the Port of New York

Current through Register Vol. 46, No. 28, July 10, 2024
Sandy Hook pilots, when requested to do so, are required to
				  transport American vessels under register and foreign vessels within the Port
				  of New York. Hudson River pilots may not transport within the Port of New York
				  unless ice conditions preclude the boarding of vessels at the board-designated
				  station for Hudson River pilots.