State Codes and Statutes

Statutes > North-carolina > Chapter_76A > GS_76A-5

§76A‑5.  Duties and authority.

(a)        Rules andRegulations, Pilotage. – The Commission shall make and establish such rules andregulations as necessary and desirable respecting the qualifications,arrangements and station of pilots and for the control of navigation within theCape Fear River and from and to the Cape Fear Bar and the sea buoys. In thedevelopment of such rules and regulations, the Commission should request theadvice of the U.S. Coast Guard, the U.S. Corps of Engineers, the PilotsAssociation, other maritime interests and any other party that the Commissionmight deem beneficial.

(b)        Examination andLicensing. – The Commission may examine such persons who hold a federal pilot'slicense as may offer themselves to be a pilot on the Cape Fear River and Bar.The examination shall consist of, but not be limited to: a personal interviewbefore the Commission; contact by the Commission with personal references; anda physical examination by a licensed physician based on a standard establishedby the Commission. Licenses shall be granted for a one‑year period.

(c)        License Renewal. –Each license shall be renewed annually provided during the preceding year theholder thereof shall have complied with the provisions of this act and thereasonable rules and regulations as prescribed by the Commission underauthority hereof. The Commission may for special considerations validate alicense for less than a one‑year period. Each license renewal submittalshall be accompanied with a physical examination comparable to the standardsset in G.S. 76A‑5(b).

(d)        Fine, LicenseSuspension and Cancellation. – The Commission shall have the power to fine orcall in and suspend or cancel the license of any pilot found to be derelict ofduty, in violation of the reasonable rules and regulations as set out by theCommission or for other just cause. Grounds for suspension or cancellationshall include but not be limited to: citation by the Coast Guard and/orCommission for careless or neglectful duty resulting in damage to property orpersonal harm; absence, neglect of duty, absence from duty for a period longerthan four weeks without written submission to and written approval from theCommission chairman; other violations of regulations or in actions found by theCommission to be unduly disruptive of the pilotage and service and/or harmfulto person or property.

The clear proceeds of fineslevied pursuant to this subsection shall be remitted to the Civil Penalty andForfeiture Fund in accordance with G.S. 115C‑457.2.

(e)        Pilots to GiveBond. – The Commission shall require of each pilot prior to granting hiscommission a bond with surety acceptable to the Commission in an amount not toexceed ten thousand dollars ($10,000). Every bond taken of a pilot shall befiled with and preserved by the Commission in trust for every person, firm orcorporation, who shall be injured by the neglect or misconduct of such pilots,and any person, firm or corporation, so injured may severally bring suit forthe damage by each one sustained.

(f)         Jurisdiction overDisputes as to Pilotage. – Disputes between pilots may be voluntarily appealedby one of the pilots to the Commission for resolution. If a resolution is notreached or the Commission decision is unacceptable to either party, normallegal recourse is available to resolve the dispute. (1981, c. 910, s. 1; 1983(Reg. Sess., 1984), c. 1081, s. 2; 1998‑215, s. 137(a).)

State Codes and Statutes

Statutes > North-carolina > Chapter_76A > GS_76A-5

§76A‑5.  Duties and authority.

(a)        Rules andRegulations, Pilotage. – The Commission shall make and establish such rules andregulations as necessary and desirable respecting the qualifications,arrangements and station of pilots and for the control of navigation within theCape Fear River and from and to the Cape Fear Bar and the sea buoys. In thedevelopment of such rules and regulations, the Commission should request theadvice of the U.S. Coast Guard, the U.S. Corps of Engineers, the PilotsAssociation, other maritime interests and any other party that the Commissionmight deem beneficial.

(b)        Examination andLicensing. – The Commission may examine such persons who hold a federal pilot'slicense as may offer themselves to be a pilot on the Cape Fear River and Bar.The examination shall consist of, but not be limited to: a personal interviewbefore the Commission; contact by the Commission with personal references; anda physical examination by a licensed physician based on a standard establishedby the Commission. Licenses shall be granted for a one‑year period.

(c)        License Renewal. –Each license shall be renewed annually provided during the preceding year theholder thereof shall have complied with the provisions of this act and thereasonable rules and regulations as prescribed by the Commission underauthority hereof. The Commission may for special considerations validate alicense for less than a one‑year period. Each license renewal submittalshall be accompanied with a physical examination comparable to the standardsset in G.S. 76A‑5(b).

(d)        Fine, LicenseSuspension and Cancellation. – The Commission shall have the power to fine orcall in and suspend or cancel the license of any pilot found to be derelict ofduty, in violation of the reasonable rules and regulations as set out by theCommission or for other just cause. Grounds for suspension or cancellationshall include but not be limited to: citation by the Coast Guard and/orCommission for careless or neglectful duty resulting in damage to property orpersonal harm; absence, neglect of duty, absence from duty for a period longerthan four weeks without written submission to and written approval from theCommission chairman; other violations of regulations or in actions found by theCommission to be unduly disruptive of the pilotage and service and/or harmfulto person or property.

The clear proceeds of fineslevied pursuant to this subsection shall be remitted to the Civil Penalty andForfeiture Fund in accordance with G.S. 115C‑457.2.

(e)        Pilots to GiveBond. – The Commission shall require of each pilot prior to granting hiscommission a bond with surety acceptable to the Commission in an amount not toexceed ten thousand dollars ($10,000). Every bond taken of a pilot shall befiled with and preserved by the Commission in trust for every person, firm orcorporation, who shall be injured by the neglect or misconduct of such pilots,and any person, firm or corporation, so injured may severally bring suit forthe damage by each one sustained.

(f)         Jurisdiction overDisputes as to Pilotage. – Disputes between pilots may be voluntarily appealedby one of the pilots to the Commission for resolution. If a resolution is notreached or the Commission decision is unacceptable to either party, normallegal recourse is available to resolve the dispute. (1981, c. 910, s. 1; 1983(Reg. Sess., 1984), c. 1081, s. 2; 1998‑215, s. 137(a).)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_76A > GS_76A-5

§76A‑5.  Duties and authority.

(a)        Rules andRegulations, Pilotage. – The Commission shall make and establish such rules andregulations as necessary and desirable respecting the qualifications,arrangements and station of pilots and for the control of navigation within theCape Fear River and from and to the Cape Fear Bar and the sea buoys. In thedevelopment of such rules and regulations, the Commission should request theadvice of the U.S. Coast Guard, the U.S. Corps of Engineers, the PilotsAssociation, other maritime interests and any other party that the Commissionmight deem beneficial.

(b)        Examination andLicensing. – The Commission may examine such persons who hold a federal pilot'slicense as may offer themselves to be a pilot on the Cape Fear River and Bar.The examination shall consist of, but not be limited to: a personal interviewbefore the Commission; contact by the Commission with personal references; anda physical examination by a licensed physician based on a standard establishedby the Commission. Licenses shall be granted for a one‑year period.

(c)        License Renewal. –Each license shall be renewed annually provided during the preceding year theholder thereof shall have complied with the provisions of this act and thereasonable rules and regulations as prescribed by the Commission underauthority hereof. The Commission may for special considerations validate alicense for less than a one‑year period. Each license renewal submittalshall be accompanied with a physical examination comparable to the standardsset in G.S. 76A‑5(b).

(d)        Fine, LicenseSuspension and Cancellation. – The Commission shall have the power to fine orcall in and suspend or cancel the license of any pilot found to be derelict ofduty, in violation of the reasonable rules and regulations as set out by theCommission or for other just cause. Grounds for suspension or cancellationshall include but not be limited to: citation by the Coast Guard and/orCommission for careless or neglectful duty resulting in damage to property orpersonal harm; absence, neglect of duty, absence from duty for a period longerthan four weeks without written submission to and written approval from theCommission chairman; other violations of regulations or in actions found by theCommission to be unduly disruptive of the pilotage and service and/or harmfulto person or property.

The clear proceeds of fineslevied pursuant to this subsection shall be remitted to the Civil Penalty andForfeiture Fund in accordance with G.S. 115C‑457.2.

(e)        Pilots to GiveBond. – The Commission shall require of each pilot prior to granting hiscommission a bond with surety acceptable to the Commission in an amount not toexceed ten thousand dollars ($10,000). Every bond taken of a pilot shall befiled with and preserved by the Commission in trust for every person, firm orcorporation, who shall be injured by the neglect or misconduct of such pilots,and any person, firm or corporation, so injured may severally bring suit forthe damage by each one sustained.

(f)         Jurisdiction overDisputes as to Pilotage. – Disputes between pilots may be voluntarily appealedby one of the pilots to the Commission for resolution. If a resolution is notreached or the Commission decision is unacceptable to either party, normallegal recourse is available to resolve the dispute. (1981, c. 910, s. 1; 1983(Reg. Sess., 1984), c. 1081, s. 2; 1998‑215, s. 137(a).)

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