reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-11 - Practice and procedure - Board of pilotage commissioners › Section 363-11-520 - Rules of evidence - Admissibility criteria

Current through Register Vol. 24-14, July 15, 2024
Subject to the other provisions and rules on evidence set forth
				in this chapter, evidentiary rulings shall conform with
				RCW
				 34.05.452 and WAC
				10-08-140.
Statutory Authority:
				  Chapter
				  88.16 RCW. 12-12-041,
				  §
										363-11-520, filed 5/30/12,
				  effective 6/30/12. 97-08-042, recodified as §
										363-11-520, filed 3/28/97,
				  effective 3/28/97; Rule .08.520, effective 3/1/60, filed
				  3/23/60.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-11 - Practice and procedure - Board of pilotage commissioners › Section 363-11-530 - Rules of evidence - Tentative admission - Exclusion - Discontinuance - Objections

Current through Register Vol. 24-14, July 15, 2024
When objection is made to the admissibility of evidence, such
				evidence may be received subject to a later ruling. The officer conducting the
				hearing may, in his discretion, either with or without objection, exclude
				inadmissible evidence or order cumulative evidence discontinued. Parties
				objecting to the introduction of evidence shall state the precise grounds of
				such objection at the time such evidence is offered. A party may move to
				exclude evidence previously admitted pursuant to WAC
				10-08-140(6); a
				party may also move to exclude previously admitted evidence if a subsequent
				ruling by the presiding officer renders previously admitted evidence
				irrelevant, cumulative, immaterial and/or inadmissible and the moving party can
				demonstrate that the granting of such motion will not unjustly prejudice the
				rights of the other party. Such a motion shall be permissible and considered
				timely if made prior to the close of the hearing.
Statutory Authority:
				  Chapter
				  88.16 RCW. 12-12-041,
				  §
										363-11-530, filed 5/30/12,
				  effective 6/30/12. 97-08-042, recodified as §
										363-11-530, filed 3/28/97,
				  effective 3/28/97; Rule .08.530, effective 3/1/60, filed
				  3/23/60.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-11 - Practice and procedure - Board of pilotage commissioners › Section 363-11-540 - Petitions for rule making, amendment or repeal - Who may petition

Current through Register Vol. 24-14, July 15, 2024
Any interested person may petition the board of pilotage
				commissioners requesting the promulgation, amendment, or repeal of any
				rule.
97-08-042, recodified as §
										363-11-540, filed 3/28/97,
				  effective 3/28/97; Rule .08.540, effective 3/1/60, filed
				  3/23/60.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-11 - Practice and procedure - Board of pilotage commissioners › Section 363-11-550 - Petitions for rule making, amendment or repeal - Requisites

Current through Register Vol. 24-14, July 15, 2024
Where the petition requests the promulgation of a rule, the
				requested or proposed rule must be set out in full. The petition must also
				include all the reasons for the requested rule together with briefs of any
				applicable law. Where the petition requests the amendment or repeal of a rule
				presently in effect, the rule or portion of the rule in question must be set
				out as well as a suggested amended form, if any. The petition must include all
				reasons for the requested amendment or repeal of the rule.
97-08-042, recodified as §
										363-11-550, filed 3/28/97,
				  effective 3/28/97; Rule .08.550, effective 3/1/60, filed
				  3/23/60.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-11 - Practice and procedure - Board of pilotage commissioners › Section 363-11-560 - Petitions for rule making, amendment or repeal - Agency must consider

Current through Register Vol. 24-14, July 15, 2024
All petitions shall be considered by the board of pilotage
				commissioners and the board may, in its discretion, order a hearing for the
				further consideration and discussion of the requested promulgation, amendment,
				repeal, or modification of any rule.
97-08-042, recodified as §
										363-11-560, filed 3/28/97,
				  effective 3/28/97; Rule .08.560, effective 3/1/60, filed
				  3/23/60.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-11 - Practice and procedure - Board of pilotage commissioners › Section 363-11-570 - Petitions for rule making, amendment or repeal - Notice of disposition

Current through Register Vol. 24-14, July 15, 2024
The board of pilotage commissioners shall notify the
				petitioning party within a reasonable time of the disposition, if any, of the
				petition.
97-08-042, recodified as §
										363-11-570, filed 3/28/97,
				  effective 3/28/97; Rule .08.570, effective 3/1/60, filed
				  3/23/60.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-11 - Practice and procedure - Board of pilotage commissioners › Section 363-11-580 - Declaratory rulings

Current through Register Vol. 24-14, July 15, 2024
As prescribed by
				chapter
				34.05 RCW et seq., any
				interested person may petition the board of pilotage commissioners for a
				declaratory ruling. The board shall consider the petition and within a
				reasonable time the board shall:
(1)
			 Issue a nonbinding declaratory ruling; or
(2) Notify the person that no declaratory
			 ruling is to be issued or
(3) Set a
			 reasonable time and place for a hearing or the submission of written evidence
			 upon the matter, and give reasonable notification to the person of the time and
			 place for such hearing or submission and of the issues involved.
(4) If a hearing is held or evidence is
			 submitted as provided in subsection (3), the board shall within a reasonable
			 time:
(a) Issue a binding declaratory rule;
			 or
(b) Issue a nonbinding
			 declaratory ruling; or
(c) Notify
			 the person that no declaratory ruling is to be issued.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-11 - Practice and procedure - Board of pilotage commissioners › Section 363-11-590 - Forms

Current through Register Vol. 24-14, July 15, 2024
(1) Any interested
			 person petitioning the board of pilotage commissioners for a declaratory ruling
			 pursuant to
			 RCW
			  34.05.240, shall generally adhere to the
			 following form for such purpose.
(a) At the
			 top of the page shall appear the wording "Before the board of pilotage
			 commissioners, state of Washington," on the left side of the page below the
			 foregoing the following caption shall be set out: "In the matter of the
			 petition of (name of petitioning party) for a declaratory ruling." Opposite the
			 foregoing caption shall appear the word "petition."
(b) The body of the petition shall be set out
			 in numbered paragraphs. The first paragraph shall state the name and address of
			 the petitioning party. The second paragraph shall state all rules or statutes
			 that may be brought into issue by the petition. Succeeding paragraphs shall set
			 out the state of facts relied upon in form similar to that applicable to
			 complaints in civil actions before the superior courts of this state. The
			 concluding paragraphs shall contain the prayer of the petitioner. The petition
			 shall be subscribed and verified in the manner prescribed for verification of
			 complaints in the superior courts of this state.
(c) The original and two legible copies shall
			 be filed with the agency. Petitions shall be on white paper, either 8 1/2" x
			 11" or 8 1/2" x 14" in size.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-116 - Pilotage rules › Section 363-116-010 - Time and place of meeting

Current through Register Vol. 24-14, July 15, 2024
The regular monthly meeting of the board of pilotage
				commissioners shall be on the second Thursday of each month at 9:30 a.m. in the
				offices of the Washington state ferries, Seattle, Washington, unless another
				time and place has been designated by the chairperson at the last previous
				meeting. If the aforementioned day falls on a holiday, the meeting shall take
				place on the following Thursday at the same hour.
Statutory Authority:
				  Chapter
				  88.16 RCW and 2008 c 128.
				  08-15-119, §
										363-116-010, filed 7/21/08,
				  effective 8/21/08. 97-08-042, recodified as §
										363-116-010, filed 3/28/97,
				  effective 3/28/97. Statutory Authority:
				  RCW
				   88.16.035 and
				  88.16.155. 78-09-057 (Order 78-2,
				  Resolution No. 78-2), § 296-116-010, filed 8/23/78; Order 2-68, §
				  296-116-010, filed 11/1/68; § 1, effective
				  11/25/58.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-116 - Pilotage rules › Section 363-116-020 - Special meeting

Current through Register Vol. 24-14, July 15, 2024
A special meeting of the board of pilotage commissioners may be
				called by the presiding officer, or by a majority of the members of the board,
				by delivering personally or by mail written notice to all other members of the
				board at least twenty-four hours before the time of such meeting as specified
				in the notice. The notice calling a special meeting shall state the purpose for
				which the meeting is called and the date, hour, and place of such meeting and
				all provisions of
				chapter
				42.30 RCW shall
				apply.
97-08-042, recodified as §
										363-116-020, filed 3/28/97,
				  effective 3/28/97. Statutory Authority:
				  RCW
				   88.16.035. 88-09-025 (Order 88-3, Resolution
				  No. 88-3), § 296-116-020, filed 4/14/88. Statutory Authority:
				  RCW
				   88.16.035 and
				  88.16.155. 78-09-057 (Order 78-2,
				  Resolution No. 78-2), § 296-116-020, filed 8/23/78; Order 2-68, §
				  296-116-020, filed 11/1/68; § 2, effective
				  11/25/58.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-116 - Pilotage rules › Section 363-116-030 - Emergency meeting

Current through Register Vol. 24-14, July 15, 2024
If, by reason of an emergency, there is a need for expedited
				action by the board to meet the emergency, the presiding officer may provide
				for a meeting site, and the notice requirements of
				chapter
				42.30 RCW shall be
				suspended during such emergency. To the extent possible, notice of such
				emergency meeting will be delivered personally, by telephone, telegram, or mail
				to the members of the board and interested persons, and shall specify the time
				and place of the emergency meeting and the business to be transacted. Any
				action taken by the board at such emergency meeting may be reconsidered by the
				board at its next regular monthly meeting.
97-08-042, recodified as §
										363-116-030, filed 3/28/97,
				  effective 3/28/97. Statutory Authority:
				  RCW
				   88.16.035. 88-09-026 (Order 88-4, Resolution
				  No. 88-4), § 296-116-030, filed 4/14/88. Statutory Authority:
				  RCW
				   88.16.035 and
				  88.16.155. 78-09-057 (Order 78-2,
				  Resolution No. 78-2), § 296-116-030, filed 8/23/78; Order 2-68, §
				  296-116-030, filed 11/1/68; § 3, effective
				  11/25/58.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-116 - Pilotage rules › Section 363-116-050 - Records

Current through Register Vol. 24-14, July 15, 2024
The board of pilotage commissioners shall keep accurate records
				of the minutes of the meetings, records of pilots' earnings, mileage piloted,
				accident reports, licenses, applications for licenses, examinations for
				licenses, and any and all other records deemed necessary by the
				board.
97-08-042, recodified as §
										363-116-050, filed 3/28/97,
				  effective 3/28/97. Order 2-68, § 296-116-050, filed 11/1/68; § 5,
				  effective 11/25/58.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-116 - Pilotage rules › Section 363-116-060 - Personnel

Current through Register Vol. 24-14, July 15, 2024
The board shall employ the necessary personnel for the conduct
				of its business following the personnel practices and salary schedules of the
				Washington state ferries.
97-08-042, recodified as §
										363-116-060, filed 3/28/97,
				  effective 3/28/97. Statutory Authority:
				  RCW
				   88.16.035 and
				  88.16.155. 78-09-057 (Order 78-2,
				  Resolution No. 78-2), § 296-116-060, filed 8/23/78; Order 2-68, §
				  296-116-060, filed 11/1/68; § 6, effective
				  11/25/58.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-116 - Pilotage rules › Section 363-116-065 - Number of pilots

Current through Register Vol. 24-14, July 15, 2024
(1) The board
			 will, from time to time, set the number of pilots to be licensed in each
			 pilotage district of the state that is best calculated to optimize the
			 operation of a safe, fully regulated, efficient, and competent pilotage
			 service. This determination will be made by the board at meetings for which the
			 agenda lists this issue as a topic for resolution. In addition, the board shall
			 plan ahead to ensure, to the extent possible, that pilot trainees enter the
			 training program set forth in WAC
			 363-116-078 so that they complete
			 the training program in a timely manner.
(2) In setting the number of pilots and
			 making decisions as to when to hold an examination and admit applicants to the
			 training program, the board may consider factors which include, but are not
			 limited to, the following:
(a) Policy of the
			 state to ensure safety of persons, vessels, property and the environment by
			 providing competent, efficient and regulated pilotage for vessels;
(b) The importance of the maritime industry
			 to the state balanced by the potential hazards presented by the navigation of
			 vessels requiring pilots;
(c) The
			 lead time necessary to select and train new pilots;
(d) Regional maritime economic outlook,
			 including without limitation: Current economic trends in the industry,
			 fluctuations in the number of calls, the types of assignments, the size of
			 vessels, the cyclical nature of the traffic and whether traffic is increasing
			 or decreasing and the need to minimize shipping delays;
(e) Workload, assignment preparation and rest
			 needs of pilots;
(f) Trends in size
			 of piloted vessels;
(g) Time lost
			 to injury and illness;
(h)
			 Anticipated retirements;
(i)
			 Administrative responsibilities, continuing education and training requirements
			 consistent with the policy of
			 chapter
			 88.16 RCW; and
(j) Surface transportation and travel time
			 consumed in pilots getting to and from assignments.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-116 - Pilotage rules › Section 363-116-070 - Collection of fees

Current through Register Vol. 24-14, July 15, 2024
All pilots shall pay an annual license fee of six thousand five
				hundred dollars or such amount as may be set by statute for every year in which
				they perform any pilotage services. If a licensed pilot does not perform
				pilotage services during a license year, his/her fee for that year shall be
				reduced to one thousand dollars upon application to the board. The board of
				pilotage commissioners shall receive all fees for licenses or for other
				purposes and make proper accounting of same and transmit all such funds to the
				pilotage account.
Statutory Authority:
				  Chapter
				  88.16 RCW. 10-24-085,
				  §
										363-116-070, filed 11/30/10,
				  effective 12/31/10. Statutory Authority:
				  Chapter
				  88.16 RCW and 2008 c 128.
				  08-15-119, §
										363-116-070, filed 7/21/08,
				  effective 8/21/08. Statutory Authority:
				  RCW
				   88.16.090 and
				  88.16.035. 07-17-128, §
										363-116-070, filed 8/20/07,
				  effective 9/20/07. Statutory Authority:
				  RCW
				   88.16.090. 04-14-017, §
										363-116-070, filed 6/28/04,
				  effective 7/29/04. 97-08-042, recodified as §
										363-116-070, filed 3/28/97,
				  effective 3/28/97. Statutory Authority:
				  RCW
				   88.16.090 and 1995 c 175. 97-06-105, §
				  296-116-070, filed 3/5/97, effective 4/5/97. Statutory Authority:
				  RCW
				   88.16.035. 88-14-063 (Order 88-13, Resolution
				  No. 88-13), § 296-116-070, filed 7/1/88. Statutory Authority:
				  RCW
				   88.16.090. 85-15-032 (Order 85-1, Resolution
				  No. 85-1), § 296-116-070, filed 7/12/85; 84-11-056 (Order 84-4, Resolution
				  No. 84-4), § 296-116-070, filed 5/18/84. Statutory Authority:
				  RCW
				   88.16.035. 82-24-010 (Order 82-8, Resolution
				  No. 82-8), § 296-116-070, filed 11/18/82; 79-11-063 (Order 79-5,
				  Resolution No. 79-5), § 296-116-070, filed 10/18/79. Statutory Authority:
				  RCW
				   88.16.035 and
				  88.16.155. 78-09-057 (Order 78-2,
				  Resolution No. 78-2), § 296-116-070, filed 8/23/78; Order 2-68, §
				  296-116-070, filed 11/1/68; § 7, effective
				  11/25/58.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-116 - Pilotage rules › Section 363-116-0751 - Qualifications for pilot applicants

Current through Register Vol. 24-14, July 15, 2024
(1) Sea service.
(a) In addition to meeting the preexamination
			 requirements of RCW   88.16.090, pilot applicants must, before taking the
			 examination provided in WAC 363-116-076, meet one of the following indicated
			 service requirements while holding a minimum license as mate/master of steam or
			 motor vessels of not more than 1600 GRT or 3000 GT (ITC); any such license to
			 be held by the applicant for at least two years before application.
Vessel Type
Minimum Size
Waters
Minimum Time
Cargo or tank
5000 GRT or 10,000 GT (ITC)
Ocean or near coastal
1 year as master
Cargo or tank
700 GRT or 1400 GT (ITC)
Ocean or near coastal
2 years as master
Cargo or tank
1600 GRT or 3000 GT (ITC)
Inland
2 years as master
Passenger or ferry
1600 GRT or 3000 GT (ITC)
Ocean, near coastal or inland
2 years as master
Towing
100 GRT or 300 GT (ITC) towing/barge combination
						  greater than 1600 GRT or 3000 GT (ITC)
Ocean, near coastal or inland
2 years as master
Ship assist
100 GRT or 300 GT (ITC)
Inland
2 years as master or 4 years sailing as a mate/master
						  with a minimum of 1 year as master
Articulated tug barge (ATB)
Combined 10,000 GT (ITC)
Ocean or near coastal
4 years sailing as a mate/master with a minimum of 1
						  year as master
U.S. Flag government
3000 displacement tons
Ocean, near coastal or inland
2 years as commanding officer or master
Special purpose
1600 GRT or 3000 GT (ITC)
Ocean, near coastal or inland
2 years as master
Other
State-licensed pilot or Navy civil service pilot
1600 GRT or 3000 GT (ITC)
Ocean, near coastal or inland
2 years as pilot and 120 vessel moves
(b)
			 Sea service is calculated based on days spent onboard a vessel while it is
			 actively engaged in normal operations. "Sea service" does not include time
			 onboard a vessel that is "laid up" or on "standby." One day of duty time
			 equates to one day of sea service with no multiples or reductions based upon
			 the type of industry or the watch and schedule a certain officer has to stand.
			 In calculating sea service under this subsection, a year of service shall equal
			 360 days of service on the vessel in the required capacity. Pilot applicants
			 combining the above types of sea service shall have a total of at least two
			 years of the various service times, except that one day of service as master on
			 cargo, tank, or passenger/ferry vessels of at least 5000 GRT or 10,000 GT (ITC)
			 shall be credited as two days of service time for the purpose of calculating
			 such combined service times.
(c)
			 Ship assist vessel sea service as mate must be on vessels where the mate is the
			 sole vessel operator and acts independently of the master for 12 hours per
			 day.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-116 - Pilotage rules › Section 363-116-076 - Examination for pilot applicants

Current through Register Vol. 24-14, July 15, 2024
(1) Pilot
			 applicants must pass a written examination administered and scored by the board
			 or the board's designated contracting entity. The board, in consultation with
			 its contracted psychometrician, will develop the written examination and set
			 the minimum passing or "cut" score in conformance with psychometric standards
			 as put forth by
The Standards for Educational and Psychological
			 Testing
(American Educational Research Association (AERA), American
			 Psychological Association (APA), and National Council on Measurement in
			 Education (NCME), 2014). Notice of the examination shall be published at least
			 four months in advance by one paid advertisement in a major marine industry
			 publication and written notice to any party who has requested notice of such
			 examinations. The board may publish additional notices in such publications or
			 in other media. Applications will be accepted by the board immediately
			 following the publication of the notice of the examination, and the application
			 must be received by the board before the close of business on the first
			 business day of the month preceding the exam month. The board may, in an
			 emergency, call for an examination on less than four months' notice.
The notice shall indicate which pilotage district or districts
				the examination is for and, if for both districts, the notice shall make it
				clear that applicants can elect to apply for a license in one or both of the
				districts. If an exam is given for both the Grays Harbor and Puget Sound
				pilotage districts, the applicants shall be scored and ranked as one applicant
				pool.
(2) The examination
			 may be taken by all pilot applicants who the board has determined have met the
			 qualifications of WAC 363-116-0751 and who:
(a) Have complied with the application
			 deadline provided in subsection (1) of this section. This requirement may be
			 waived by the chairperson of the board upon the showing of good cause. The
			 application shall specify whether the applicant is applying for the Puget Sound
			 pilotage district, the Grays Harbor pilotage district or both.
(b) Have tendered with the application a
			 nonrefundable examination administration fee in such amount as may be set by
			 the board prior to each administration period. The board may, at its
			 discretion, refund all or part of the examination administration fee for a
			 pilot applicant who is unable to sit for the written examination.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-116 - Pilotage rules › Section 363-116-077 - Simulator evaluation for pilot applicants

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Pilot applicants who pass a written examination and whose scores are among the
			 top 20 (or such other number as may be set by the board) of those taking the
			 written examination (plus any pilot applicants who tie a qualifying score)
			 shall be eligible to take the simulator evaluation set forth in this
			 section.
(2) The simulator
			 evaluation shall take place at a marine simulator facility designated by the
			 board and shall be recorded. In this evaluation pilot applicants shall be
			 observed by available board members but shall be evaluated only by those
			 available board members who hold, or have held a minimum U.S. Coast Guard
			 license as master of steam or motor vessels of not more than 1600 gross tons.
			 The board, with guidance from its contracted psychometrician, shall appoint a
			 minimum of two additional evaluators who hold, or have held within 10 years of
			 the examination date, a state pilot license issued by Washington or another
			 state. Applicants for either Puget Sound or Grays Harbor shall be evaluated as
			 one applicant pool.
(3) The
			 simulator evaluation shall be designed to assess an applicant's competency in:
(a) Docking and undocking;
(b) Safe navigation;
(c) Shiphandling;
(d) Restricted waterway transit;
			 and
(e) Other tasks deemed by the
			 board, in consultation with its contracted psychometrician and a subject matter
			 expert (SME) panel, to be necessary to the performance of safe, efficient, and
			 competent pilotage service.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-116 - Pilotage rules › Section 363-116-078 - Pilot training program

Current through Register Vol. 24-14, July 15, 2024
After successful completion of the pilot examination as
				required by RCW   88.16.090, pilot candidates pursuing a pilot license are
				positioned on a ranked list for the applicable pilotage district(s) and must
				enter and successfully complete a training program specified by the board
				before consideration for licensure. Pilot candidates shall be ranked for entry
				into the training program in accordance with RCW   88.16.090(4) and as provided
				below.
(1) Trainee evaluation
			 committee. There is hereby created a trainee evaluation committee (TEC) to
			 which members shall be appointed by the board of pilotage commissioners
			 (board). The TEC shall include at a minimum:
(a) Three active licensed Washington state
			 pilots who, to the extent possible, shall be from the pilotage district in
			 which the pilot trainee seeks a license, and at least one of whom shall be a
			 member of the board;
(b) One
			 representative of the marine industry (who may be a board member) who holds, or
			 has held, the minimum U.S. Coast Guard license required by RCW   88.16.090;
			 and
(c) One other member of the
			 board who is not a pilot.
The TEC may include such other persons as may be appointed by
				the board. The TEC shall be chaired by a pilot member of the board and shall
				meet as necessary to complete assigned tasks. In the event that the TEC cannot
				reach consensus with regard to any issue, it shall report both majority and
				minority opinions to the board. The TEC is an advisory body and shall have no
				policy or rule-making authority, nor shall the TEC be authorized to act on
				behalf of the board, conduct hearings, or take testimony or public
				comment.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-116 - Pilotage rules › Section 363-116-080 - Licensing of pilots

Current through Register Vol. 24-14, July 15, 2024
(1) No person
			 shall be issued a pilot license until he/she has applied for a pilot license
			 and successfully completed:
(a) The written
			 examination(s);
(b) The simulator
			 evaluation;
(c) The pilot training
			 program, as determined by the board;
(d) A physical examination; and
(e) Tendered the license fee stipulated in
			 WAC
			 363-116-070.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-116 - Pilotage rules › Section 363-116-081 - Rest period

Current through Register Vol. 24-14, July 15, 2024
(1) Pilots shall
			 observe rest period requirements as set out in RCW   88.16.103 as now or
			 hereafter amended. Pilots shall have a mandatory rest period of at least 10
			 hours with an opportunity for eight hours of uninterrupted sleep after
			 completion of an assignment or multiple assignments.
(2) An assignment is a billable pilotage
			 service, including cancellations and ship movements, regardless of
			 duration.
(3) An assignment begins
			 at call time and ends at check-in time and includes preparation time and travel
			 time to and from the ship in addition to bridge time. Call time allows one to
			 two hours of preparation before the start of travel time to the ship. Check-in
			 time occurs when travel time from the ship is completed. In the Puget Sound
			 Pilotage district travel times are documented in the Puget Sound pilots
			 operating rules and may be reviewed by the board from time to time.
(4) When there are multiple assignments, the
			 combined total duration of the assignments shall not exceed 13 hours. The total
			 duration of multiple assignments shall be measured from the call time before
			 the first assignment to check-in time after the final assignment.
(5) An assignment is a night assignment if
			 any part occurs between 0100 and 0459 hours. After three consecutive nights
			 with night assignments, pilots shall have a mandatory rest period of at least
			 12 hours, including at least one period between 2000 and 0800 hours.
97-08-042, recodified as §
										363-116-081, filed 3/28/97,
				  effective 3/28/97. Statutory Authority:
				  RCW
				   88.16.035. 79-05-023 (Order 79-2, Resolution
				  No. 79-2), § 296-116-081, filed 4/17/79; Order 73-6, § 296-116-081,
				  filed 5/11/73.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-116 - Pilotage rules › Section 363-116-085 - Association bylaws

Current through Register Vol. 24-14, July 15, 2024
The association of pilots for the Puget Sound pilotage
				district, together with the association of pilots for the Grays Harbor pilotage
				district, shall maintain on file with the commission a current copy of their
				respective association bylaws and amendments. Hereafter they shall file with
				the commission each new amendment adopted by their respective groups in order
				that the board may be kept informed of association acts and
				activities.
97-08-042, recodified as §
										363-116-085, filed 3/28/97,
				  effective 3/28/97. Statutory Authority:
				  RCW
				   88.16.035. 82-13-087 (Order 82-10-049,
				  Resolution No. 82-10-049), § 296-116-085, filed 6/23/82; Order 76-12,
				  § 296-116-085, filed 4/22/76.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-116 - Pilotage rules › Section 363-116-110 - Details and requirements of annual license fee payment, physical examination report and reinstatement application for licensed pilots

Current through Register Vol. 24-14, July 15, 2024
(1) Annual license fees and reports on annual
			 physical examinations pursuant to
			 RCW
			  88.16.090 shall be submitted to the board on
			 or before the anniversary date of the license. Each pilot shall ensure that the
			 board, at all time, possesses a copy of his/her currently valid United States
			 government license with radar endorsement issued by the United States Coast
			 Guard.
(2) A pilot, who retires
			 under his/her medical disability retirement plan, may apply for reinstatement
			 of his/her pilot's license within five years from the date of his/her last
			 pilotage assignment, provided the pilot is capable of passing a physical
			 examination without any restrictions as to full pilotage duties. The board may,
			 at its discretion, waive all or part of the pilotage examination. The board
			 shall require the pilot to complete a familiarization/training program
			 prescribed by the board after a full review of all relevant factors. The board
			 may also prescribe license limitations such as those contained in WAC
			 363-116-082.
Statutory Authority:
				  Chapter
				  88.16 RCW and 2008 c 128.
				  08-15-119, §
										363-116-110, filed 7/21/08,
				  effective 8/21/08. 97-08-042, recodified as §
										363-116-110, filed 3/28/97,
				  effective 3/28/97. Statutory Authority:
				  RCW
				   88.16.090. 93-07-076, § 296-116-110,
				  filed 3/18/93, effective 4/18/93. Statutory Authority:
				  RCW
				   88.16.035. 92-08-050, § 296-116-110,
				  filed 3/26/92, effective 4/26/92; 80-03-081 (Order 79-6, Resolution No. 79-6),
				  § 296-116-110, filed 3/4/80; Order 2-68, § 296-116-110, filed
				  11/1/68; § 11, effective
				  11/25/58.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-116 - Pilotage rules › Section 363-116-115 - Sanctions for drug and alcohol offenders

Current through Register Vol. 24-14, July 15, 2024
(1) The board shall review the pilot's
			 license of any pilot who, within the preceding twelve months, has been
			 convicted of any offense involving drugs or the personal consumption of alcohol
			 while on duty, including an offense of operating a vessel or vehicle while
			 under the influence of alcohol or drugs.
(2) Where a pilot is found to have been
			 convicted of an offense involving drugs or the personal consumption of alcohol
			 while on duty within the prior twelve months, but who has not been convicted of
			 an offense involving drugs or the personal consumption of alcohol in the
			 previous five years, and after a hearing held pursuant to
			 RCW
			  88.16.100(5), the board
			 shall: Order the pilot to actively participate in and satisfactorily complete a
			 specific program of treatment. The board may impose such other sanctions as it
			 deems appropriate. If the pilot does not satisfactorily complete the program of
			 treatment, the board shall suspend, revoke, or withhold the pilot's license
			 until the treatment is completed.
(3) Where a pilot is found to have been
			 convicted of a second or subsequent offense involving drugs or the personal
			 consumption of alcohol while on duty within the prior twelve months, the board,
			 after a hearing is held pursuant to
			 RCW
			  88.16.100(5), shall suspend
			 the license of the pilot for up to one year.
(4) The board shall immediately notify the
			 United States Coast Guard that it has revoked or suspended a license pursuant
			 to this section and the board shall also notify the United States Coast Guard
			 when a suspended or revoked license has been reinstated.
97-08-042, recodified as §
										363-116-115, filed 3/28/97,
				  effective 3/28/97. Statutory Authority:
				  RCW
				   88.16.100(4). 90-23-081,
				  § 296-116-115, filed 11/20/90, effective
				  12/21/90.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-116 - Pilotage rules › Section 363-116-120 - Job description - Physical examination - Health requirements

Current through Register Vol. 24-14, July 15, 2024
(1) A Washington
			 state licensed marine pilot, under the authority of the master, directs ships
			 into and out of harbors, estuaries, straits, sounds, rivers, lakes, and bays
			 using a specialized knowledge of local conditions including winds, weather,
			 tides, and current: Orders officers and helmsman by giving course and speed
			 changes and navigates ship to avoid conflicting marine traffic, congested
			 fishing fleets, reefs, outlying shoals and other hazards to shipping; utilizes
			 aids to navigation, such as lighthouses and buoys. Utilizes ship's bridge
			 equipment, including radar, fathometer, speed log, gyro, magnetic compass,
			 whistle or horn and other navigational equipment as needed. Required to use
			 ship's radio equipment in contacting United States Coast Guard vessel traffic
			 system and other ships while ship is in transit. Directs ship's officers,
			 crewmen, and tug boat captains as necessary, when ships are transiting bridges,
			 narrow waterways, anchoring, docking, and undocking. Must perform duties day or
			 night in all weather conditions, including high winds, fog, mist, rainfall,
			 falling snow and other adverse conditions, as encountered. In order to safely
			 perform the foregoing duties, a Washington state licensed marine pilot shall:
(a) Be physically qualified to possess a U.S.
			 Coast Guard master's license, as required by the state of Washington.
(b) Be capable of boarding a vessel from and
			 leaving a vessel into a pilot boat via a Jacob's ladder and a gangway. A
			 Jacob's ladder involves a vertical climb or descent of up to nine meters and
			 requires both physical energy and mental judgment.
(c) Be capable of moving to a more desirable
			 vantage point in a timely manner, so as to avoid a close quarters situation
			 when the physical characteristics of the ship or cargo obstruct the pilot's
			 field of vision.
(d) Be able to
			 meet the necessary eyesight and hearing requirements to carry out marine
			 pilotage duties.
(e) Have mental
			 reflexes capable of allowing decisions to be made without delay. This is
			 imperative in all aspects of ship handling.
(f) Be capable of withstanding mental
			 stresses which may occur with a vessel in lowered visibility, in a close
			 quarters situation or when docking or undocking.
(g) Be capable of working efficiently and
			 effectively at any time of the day or night, including irregular and
			 unscheduled hours, after sufficient rest.
(h) Possess mental maturity and show mental
			 responsibility.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-116 - Pilotage rules › Section 363-116-140 - Limitations

Current through Register Vol. 24-14, July 15, 2024
97-08-042, recodified as §
										363-116-140, filed 3/28/97,
				  effective 3/28/97; Order 2-68, § 296-116-140, filed
				  11/1/68.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-116 - Pilotage rules › Section 363-116-170 - Pilotage station

Current through Register Vol. 24-14, July 15, 2024
Port Angeles is hereby declared the location of the pilotage
				station for Puget Sound and adjacent inland waters and tariffs shall be
				assessed accordingly. Boundary pilotage shall apply on ships going to and
				coming from all British Columbia ports.
97-08-042, recodified as §
										363-116-170, filed 3/28/97,
				  effective 3/28/97; Order 2-68, § 296-116-170, filed 11/1/68; § 17,
				  effective 11/25/58.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-116 - Pilotage rules › Section 363-116-175 - Tariff proposals

Current through Register Vol. 24-14, July 15, 2024
The board of pilotage commissioners has been charged with
				certain statutory duties by
				RCW
				 88.16.035. To assist the board in its
				responsibilities to provide for the maintenance of efficient and competent
				pilotage services and to annually fix the pilotage tariffs for pilotage
				services to be performed on the waters covered by
				chapter
				88.16 RCW, it shall be the
				policy that licensed pilots, ship operators, and interested members of the
				public may jointly or separately present tariff proposals to the board for its
				consideration. Any such proposals shall endeavor to provide that the tariff at
				all times funds the training program and the number of pilots licensed by the
				board.
To that end, individual Washington state licensed pilots,
				independent ship owners or operators, members of the public and/or agents,
				committees or organizations representing said persons or corporations are
				authorized to meet, discuss, and prepare joint or separate tariff proposals for
				board consideration. They may appear before the board to support or oppose any
				such proposal, or part thereof, but the final determination, adoption and
				active supervision of the rates, charges, expense items, and classifications to
				be contained in said pilotage tariffs and the rules, regulations, or procedures
				to implement said annual tariffs shall be made by the board.
Statutory Authority:
				  Chapter
				  88.16 RCW and 2005 c 26.
				  05-18-021, §
										363-116-175, filed 8/29/05,
				  effective 10/1/05. 97-08-042, recodified as §
										363-116-175, filed 3/28/97,
				  effective 3/28/97. Statutory Authority:
				  RCW
				   88.16.035. 87-19-100 (Order 87-1, Resolution
				  No. 87-1), § 296-116-175, filed
				  9/17/87.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-116 - Pilotage rules › Section 363-116-2051 - Vessel certification form

Current through Register Vol. 24-14, July 15, 2024
Washington State Board of Pilotage Commissioners
Date:
Vessel Name:
Flag:
MASTER'S CERTIFICATION
I, . . . . . . . . . . ., Master of this vessel, certify the
				following information:
Yes
No
Is the engine room properly staffed, the engine able
							 to maneuver, and all related equipment in good order?
[]
[]
Does this ship meet United States Coast Guard
							 regulations governing safety and navigation?
[]
[]
Does this vessel comply with current international
							 agreements governing safety and radio equipment?
[]
[]
Is this vessel leaking oil?
[]
[]
Is this vessel experiencing propulsion or maneuvering
							 difficulties?
[]
[]
I have notified the United States Coast Guard Captain of the
				Port of any deficiencies noted above and he has authorized the vessel to
				proceed. Any such deficiencies will be corrected before the time the vessel is
				scheduled to leave the waters of Washington state.
. . . . . . . . . . ..
Master's Signature
PILOT'S REPORT
I, . . . . . . . . . . ., a pilot licensed by the state of
				Washington, certify that upon boarding the above-named vessel on this date I
				requested to see the following certificates:
CERTIFICATE
ACCEPTABLE
NOT READILY
AVAILABLE
UNACCEPTABLE
SOLAS Certificate
[]
[]
[]
FMC Certificate of
Financial Responsibility
[]
[]
[]
. . . . . . . . . . ..
Pilot's Signature
DEAD SHIP MOVEMENT
I, . . . . . . . . . ., owner, master, or agent's
				representative of this vessel, certify the following information:
Yes
No
Is the vessel leaking oil?
[]
[]
Are the lights per COLREGS?
[]
[]
Are thru hull fittings secured?
[]
[]
Is the vessel in all respects seaworthy for
							 transit?
[]
[]
. . . . . . . . . . ..
Owner, Master, or
Agent's Representative
97-08-042, recodified as §
										363-116-2051, filed 3/28/97,
				  effective 3/28/97. Statutory Authority:
				  RCW
				   88.16.155(7). 92-08-052,
				  § 296-116-2051, filed 3/26/92, effective 4/26/92. Statutory Authority:
				  RCW
				   88.16.035 and
				  88.16.155. 83-16-032 (Order 83-4,
				  Resolution No. 83-4), § 296-116-2051, filed 7/28/83. Statutory Authority:
				  RCW
				   88.16.155. 79-11-097 (Order 79-6, Resolution
				  No. 79-6), § 296-116-2051, filed 10/29/79. Statutory Authority:
				  RCW
				   88.16.035 and
				  88.16.155. 78-09-057 (Order 78-2,
				  Resolution No. 78-2), § 296-116-2051, filed
				  8/23/78.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-116 - Pilotage rules › Section 363-116-301 - New revenue collection

Current through Register Vol. 24-14, July 15, 2024
With respect to the passage of section 107, chapter 333, Laws
				of 2021 (Substitute Senate Bill No. 5165), the board of pilotage commissioners
				is appropriated $2,926,000 from the pilotage account state appropriation solely
				for self-insurance liability premium expenditures. This appropriation is
				contingent upon two stipulated conditions:
(1) The Puget Sound pilots shall pay to the
			 board, from its tariffs, $150,000 annually on July 1, 2021, and July 1, 2022.
			 These amounts shall be deposited by the board into the pilotage account and
			 used solely for the expenditure of self-insurance premiums; and
(2) A self-insurance premium surcharge of $16
			 shall be added to each Puget Sound pilotage assignment on all vessels requiring
			 pilotage in the Puget Sound pilotage district. The Puget Sound pilots shall
			 remit the total amount of such surcharges generated to the board by the tenth
			 of each month. The surcharge shall be in effect from July 1, 2021, through June
			 30, 2023. These amounts shall be in addition to those fees to be paid to the
			 board pursuant to subsection (1) of this section and shall be deposited by the
			 board into the pilotage account solely for the expenditure of self-insurance
			 premiums.
These two directives are in effect beginning May 18, 2021,
				through June 30, 2023.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-116 - Pilotage rules › Section 363-116-315 - Retirement disbursements

Current through Register Vol. 24-14, July 15, 2024
Pilot associations having retirement plans, the expense of
				which is reimbursed through board established tariffs, shall make such payments
				to retired pilots as are required by the benefits and enforcement provisions of
				those plans.
Statutory Authority:
				  Chapter
				  88.16 RCW and 2008 c 128.
				  08-15-119, §
										363-116-315, filed 7/21/08,
				  effective 8/21/08. 97-08-042, recodified as §
										363-116-315, filed 3/28/97,
				  effective 3/28/97. Statutory Authority:
				  RCW
				   88.16.035. 91-06-033, § 296-116-315,
				  filed 2/26/91, effective 3/29/91.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-116 - Pilotage rules › Section 363-116-35001 - Exemption from provisions of WAC 197-10-800

Current through Register Vol. 24-14, July 15, 2024
The board of pilotage commissioners of the state of Washington
				has reviewed its authorized activities and found substantially all of them to
				be exempt from the provisions of chapter 197-10 WAC, with the exception of
				authority supplied by the 1975 legislature to the board respecting additional
				tug shaft horsepower equivalencies which is a part of the "tug escort" 1975
				amendments by chapter 125, Laws of 1975 1st ex. sess.
There is presently no intent to exercise this authority.
				Additionally, said act is currently under constitutional challenge. Thus, the
				board indicates its intent that if, and when, any authority should be exercised
				pursuant to this provision, it would do so consistent with the guidelines
				contained within chapter 197-10 WAC insofar as practicable. (The referenced
				chapter being the regulations developed by the council on environmental
				policy.)
Statutory Authority:
				  Chapter
				  88.16 RCW and 2008 c 128.
				  08-15-119, §
										363-116-35001, filed 7/21/08,
				  effective 8/21/08. 97-08-042, recodified as §
										363-116-35001, filed 3/28/97,
				  effective 3/28/97; Order 76-14, § 296-116-350 (codified as WAC
				  296-116-35001), filed 5/6/76.
Washington Administrative Code › Title 363 - Pilotage Commissioners, Board of › Chapter 363-116 - Pilotage rules › Section 363-116-360 - Exempt vessels

Current through Register Vol. 24-14, July 15, 2024
(1) Under the
			 authority of RCW   88.16.070, application via petition may be made to the board
			 of pilotage commissioners to seek exemption from the pilotage requirements for
			 the operation of a limited class of small passenger vessels, which are not more
			 than 1,300 gross tons (international), do not exceed 200 feet in length, is
			 manned by United States-licensed deck and engine officers appropriate to the
			 size of the vessel with merchant mariner credentials issued by the United
			 States coast guard or Canadian deck and engine officers with Canadian-issued
			 certificates of competency appropriate to the size of the vessel, and are
			 operated exclusively in the waters of the Puget Sound pilotage district and
			 lower British Columbia, or yachts, which are not more than 1,300 gross tons
			 (international), and do not exceed 200 feet in length. For purposes of this
			 section, any vessel carrying passengers for a fee, including yachts under
			 charter where both the vessel and crew are provided for a fee, shall be
			 considered a passenger vessel.
The owners or operators of the vessel for which exemption is
				sought must:
(a) Complete and file
			 with the board a petition requesting an exemption at least 48 hours prior to
			 planned vessel operations where possible. Petitions filed with less than 48
			 hours notice may be considered by the chair at the chair's discretion on a
			 board-approved form. The form shall include a description of the vessel, the
			 contemplated use of vessel, the proposed area of operation, the names and
			 addresses of the vessel's owner and operator, the areas and dates of planned
			 operations, and such other information as the board shall require.
(b) Pay the appropriate application fee with
			 the submittal of the petition or upon receipt of invoice from the BPC, which is
			 listed in subsection (5) of this section.