Under section 633 of the Merchant Shipping Act, 1894, the owner or master of a ship was not answerable to any person for any loss or damage occasioned by the fault or incapacity of any qualified pilot acting in charge of that ship within any district where the employment of a qualified pilot was compulsory by law. Section 15 of the Pilotage Act, 1913, however, reversed this defence of compulsory pilotage, and enacted that the owner or master of a vessel navigating under circumstances in which pilotage is compulsory is answerable for any loss or damage caused by that vessel, or by any fault of her navigation, in the same manner as he would if pilotage were not compulsory. Section 15 of the Pilotage Act, 1913, did not, however, come into effect until Jan. I, 1918, on which date section 633 of the 1894 Act was repealed. The difference which formerly existed under the Mer chant Shipping Act, 1894, between British law and the law of most foreign countries as to the civil liability of the owner or master of a vessel employing a pilot under compulsion of law has therefore been removed since Jan. 1, 1918.
See The Pilotage Act, 1913; Report of Departmental Committee on Pilotage 191I; Digby & Cole, Pilotage Law (1913). (W. J. T. H.) The power of administering all matters relating to pilotage was acquired by the Federal Government as incidental to the authority conferred on it under the Constitution. The first legislative action of the new Government was in 1789, when it delegated its author ity to the several States "until further provision is made by Con gress." Further legislation enacted subsequently has restricted the broad powers conferred in 1789, but the power of the Federal Government is exclusive only when it is exercised. State laws regarding pilotage are operative so long as they are not in conflict with Federal laws.
Among the acts of the Federal Government restricting the manner in which the several States may control pilotage are: laws which apply to pilotage on waters that are boundaries be tween States, permitting the master of a vessel to employ a pilot licensed by either State to pilot the vessel to or from such port ; laws which prohibit discrimination in rates or pilotage as between vessels operating solely between ports in the State and those engaged in interstate traffic ; laws which provide that all coast wise seagoing steamships shall be under the control and direction of pilots licensed under Federal authority; and laws which prohibit State pilots from levying pilotage on coastwise seagoing steam ships.
In many States no maximum or minimum restriction is placed by statute on the number of pilots that may be appointed, the number being left to the discretion of the several pilotage authorities. In some cases both a maximum and minimum number are prescribed by law and in other States only a maximum number is mentioned. As a rule pilots are licensed by the local pilotage authority, but in several States they are appointed by the governor. In a majority of the States, pilots are licensed for life and lose their licences only be cause of negligence, incapacity, misconduct or infirmity. In the
remaining States licences are granted for periods of one to four years and are renewable. Several grades of licences are generally issued, the grade varying with the draft of vessel which the holder of the licence is considered competent to conduct.
In all States the primary qualifica tion for appointment as pilot is actual experience in piloting vessels. A number of States require that applicants for licences as pilots must have served an apprenticeship of a specified number of years on boats of the pilots' association, either in accordance with the law of the State or by regulation of competent authority.
In the United States, a pilot occupies the status of an officer of the ship when on board in the exercise of his duty, and his orders as such must be obeyed by the crew. When the master is on board, the orders of the pilot are considered to be those of the master's. The pilot is subject to the master in the matter of discipline but is not liable to any ship's duty except that of pilot. Once in charge of a vessel at sea, it is the duty of the pilot to stay by the ship until she reaches her destination or some place of safety, unless he is earlier discharged.
Pilots are generally required to give bond, usually $500, to secure the faithful performance of their duties and for the payment of all damages that may accrue from their negligence, unskillfulness or unfaithfulness. The bond is not required in some States, the amount is not specified in the laws of others and in still others it is fixed. The courts have held that while a pilot is responsible to the owner of a vessel for negligence or default in the performance of this duty, he is not liable for the vessel's loss when he has used his best skill and judgment, although the result shows that his best judgment was wrong.
Pilotage is generally compulsory upon certain vessels, or classes of vessels, approaching or departing from a harbour. Throughout the States, all public vessels of the United States and all steamships engaged in the coasting trade are exempt from compulsory pilotage. In respect to other vessels or classes of vessels there is wide variation in the laws of the several States. In the great majority of States compulsory pilotage is prescribed for all vessels, both of domestic and foreign registry, engaged in foreign trade, but not for any class of vessel in the domestic trade. In general the rule is that there has been a tender of the services of a pilot if there has been displayed the customary pilot signal on the usual cruising ground of pilot boats at sea, and there is a visible approach of the boat towards the incoming vessel. If the offer of pilot service is refused, the pilot becomes entitled to full fees or half pilotage, according to the local State law, and the liability for payment is enforceable in admiralty.