South Carolina Code of Regulations › Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE › Article 1 - LOWER COASTAL AREA › Section 136-070 - Pilot Functions and Responsibilities

Current through Register Vol. 48, No. 6, June 28, 2024
A. Pilot services shall be made available to the master of every inbound vessel that requires a state pilot pursuant to the 1976 Code Section 54-15-270.
B. Every pilot received on board a vessel for the Lower Coastal Area subject to the jurisdiction of the Commissioners shall remain on board such vessel while in transit between the pilot station and its terminal or anchorage. The transit shall begin on inbound vessels when the pilot assumes the control of the ship and shall end when the first line is passed to a pier, wharf or other waterfront facility, or until the vessel is anchored fast to the bottom. The transit shall begin on outbound vessels when the last line is passed or when the anchor is aweigh, and shall end when the pilot is discharged by the vessel's master, having arrived at that place on the bar where the adjoining depths of water are sufficient for safe navigation. The transit on shifting vessels shall be from the passing of the last line or weighing of the anchor until the first line is passed or the anchor is made fast to the bottom.
C. Every vessel described in the 1976 Code Section 54-15-270 requiring a state pilot shall receive on board such pilot to direct the vessel movement for every inbound and outbound transit of the port and for shifting berths and anchorages within the port. This requirement applies regardless of the source of vessel propulsion, be it self-propelled or propelled by tugs. If the master or operator of any seagoing vessel requiring a state pilot shall refuse to receive on board a pilot, such circumstance shall be considered a "hazardous condition" pursuant to  33 CFR 160.203  and shall immediately be reported to the Coast Guard.
D. No pilot licensed by the Commissioners shall knowingly pilot any vessel, the operation of which, in the opinion of such pilot, may introduce an unnecessary risk to the port, other vessels, or the marine environment.
(1) An "unnecessary risk" includes situations where any vessel is deemed by the pilot not to be in compliance with applicable Federal Navigation Safety Regulations, or where the condition of any vessel's operation, in the opinion of the pilot, constitutes a "hazardous condition" as defined by federal regulations.
(2) An "unnecessary risk" may also include situations that may prevent or inhibit the safe movement of a vessel, including, but not limited to, instances wherein the wheelhouse or bridge is not properly manned by sufficient numbers of qualified crew members or, conversely, when the wheelhouse or bridge is encumbered by the presence of extraneous persons who are not members of the crew, docking pilots, pilots or apprentice pilots, owners, agents or operating managers.
(3) Pilots are to consider dredged channels as areas where vessels are severely restricted in their ability to maneuver, and shall apply the principles of safe navigation, and the Navigation Rules for vessels constrained by draft, accordingly. Should a master refuse to maintain safe speed as determined by the pilot, the pilot may determine that an unnecessary risk exists, and may deny entry or sailing, or anchor the ship at the next available safe location.
(4) Nothing in this subpart shall prevent a pilot from piloting any vessel when, in his or her opinion, the vessel's safety or the safety of the port would be further impaired or endangered by the pilot's refusal to provide pilotage.