Marine Orders Part 54: Coastal Pilotage, Issue 4 (Order No. 10 of 2006) (Cth)
| MARINE ORDERS Part 54 Coastal pilotage Issue 4 Order No.10 of 2006 Pursuant to subsection 425(1AA) of the Navigation Act 1912 and section 4 of the Acts Interpretation Act 1901, I hereby make this Order repealing Marine Orders Part 54, Issue 3, and issuing the attached Marine Orders, Part 54, Issue 4, to come into operation on 6 October 2006. Clive Davidson 1 August 2006 |
Table of Contents
1 Purpose & power
2 Definitions of words and phrases used in this Part
3 Interpretation
4 Application
5 Review of decisions
6 Licensing of pilots
7 Duties of pilots
8 Duties of pilotage providers
9 Torres Strait to be a compulsory pilotage area
10 Exemption from requirement to navigate with a pilot
11 Transitional
Appendix 1 Queensland Coastal Pilotage Safety Management Code
Appendix 2 Torres Strait pilotage area
Previous issues
Issue 1, Order No.8 of 1994
Issue 2, Order No.12 of 1999
Issue 3, Order No.6 of 2001
—Amendment, Order No 11 of 2002
1 Purpose & power
1.1 Purpose
This Part:
(a) makes provision for the licensing of pilots and the manner in which they carry out their duties;
(b) makes provision for the operations of pilotage providers;
(c) designates Torres Strait as a compulsory pilotage area; and
(d) prescribes the information to be provided with an application for exemption from the requirement to navigate with a pilot.
1.2 Power
1.2.1 Division 1 of Part IIIA of the Navigation Act provides for the regulations to provide for the licensing of pilots and the manner in which they carry out their duties. That Division also provides for the regulations to provide for the operations of pilotage providers.
1.2.2 Section 186H of the Navigation Act provides for the regulations to specify waters that are compulsory pilotage areas for the purposes of Division 2 of Part IIIA.
1.2.3 Subsection 186K(2) provides that an application for an exemption from the requirement to navigate with a pilot must contain the prescribed information.
1.2.4 Subsection 425(1) of the Navigation Act provides for regulations to be made prescribing matters required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
1.2.5 Subsection 425(1AA) of the Navigation Act provides for the making of orders with respect to matters that can be made by the regulations.
2 Definitions of words and phrases used in this Part
AMSA means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990;
approved means approved by the Manager;
check pilot means a check pilot appointed by a pilotage provider in accordance with the Queensland Coastal Pilotage Safety Management Code;
chemical tanker means a cargo ship constructed or adapted and used for the carriage in bulk of any liquid product listed in either Chapter 17 of the IBC Code or Chapter VI of the BCH Code, as defined in Marine Orders, Part 17 (Liquefied Gas Carriers and Chemical Tankers);
endorsed draught means the draught limit endorsed on a restricted licence in accordance with provision 6.1.2;
gas carrier means a cargo ship constructed or adapted and used for the carriage in bulk of any liquefied gas or other products listed in either Chapter 19 of the IGC Code or Chapter XIX of the GC Code, as defined in Marine Orders, Part 17 (Liquefied Gas Carriers and Chemical Tankers);
General Manager means the person occupying the position of General Manager, Maritime Operations, in AMSA;
Hydrographers Passage pilotage area means the area bounded by a line that progressively joins, on geodesic lines, the following points:
Point
Latitude
Longitude
1 20° 39.11¢ S 149° 49.36¢ E 2 20° 35.91¢ S 150° 07.36¢ E 3 20° 28.31¢ S 150° 18.06¢ E 4 20° 02.91¢ S 150° 03.06¢ E 5 19° 54.91¢ S 150° 16.56¢ E 6 19° 39.91¢ S 150° 10.56¢ E 7 19° 50.91¢ S 150° 33.06¢ E 8 20° 01.41¢ S 150° 25.86¢ E 9 20° 06.91¢ S 150° 17.26¢ E 10 20° 19.91¢ S 150° 27.06¢ E 11 20° 32.91¢ S 150° 27.06¢ E 12 20° 41.51¢ S 150° 11.66¢ E 13 20° 54.41¢ S 150° 01.96¢ E 14 20° 39.11¢ S 149° 49.36¢ E
Manager means the person occupying the position of Manager, Ship Operations and Qualifications, in AMSA, or in respect of any particular purpose under this Part, a suitably qualified person authorised by the Manager, Ship Operations and Qualifications, for that purpose;
month means a calendar month;
oil tanker means a ship constructed and used for the carriage of petroleum and petroleum products in bulk;
penal provision means a penal provision for the purposes of Regulation 4 of the Navigation (Orders) Regulations;[1]
Queensland Coastal Pilotage Safety Management Code means the Code set out in Appendix 1 to this Part;
satisfactorily, in relation to a program of training, means satisfactorily in the opinion of the person or persons conducting the program;
sea service means service calculated in accordance with Marine Orders, Part 3 (Seagoing Qualifications);
the Great North East Channel pilotage area means the navigable waters between Alert Patches and longitude 143º 24.00´E, including the Great North East Channel, together with that part of Torres Strait to the west of Alert Patches;
the inner route pilotage area means:
(a) the waters bounded by:
(i) the Australian mainland; and
(ii) the outer eastern edge of the Great Barrier Reef;[2] and
[2] The outer eastern edge of the Great Barrier Reef is depicted on official nautical charts produced by the Australian Hydrographic Office (AHO).
(iii) the northern boundary of the Great Barrier Reef Region and latitude 10º 41.00´S;[3] and
[3] The Great Barrier Reef Region is defined in the Great Barrier Reef Marine Park Act 1975.
(iv) latitude 16°39.91¢S; together with
(b) Torres Strait, excluding the waters to the north of latitude 10º 28.00´S and east of longitude 142º 39.00´E;
the Navigation Act means the Navigation Act 1912;
the Whitsundays pilotage area means the area bounded by a line that begins at the northernmost point of Cape Gloucester at low water, at about latitude 20° 03.94¢ S, longitude 148° 27.51¢E, and continues progressively:
(a) on geodesic lines to the following points:
Point
Latitude
Longitude
1 19° 58.02¢ S 148° 18.60¢ E 2 19° 57.83¢ S 148° 18.53¢ E 3 19° 58.00¢ S 148° 21.68¢ E 4 19° 58.28¢ S 148° 27.05¢ E 5 19° 58.37¢ S 148° 27.40¢ E 6 19° 59.28¢ S 148° 33.62¢ E 7 20° 00.82¢ S 148° 37.48¢ E 8 20° 02.17¢ S 148° 53.07¢ E 9 20° 03.58¢ S 148° 57.92¢ E 10 20° 14.42¢ S 149° 10.47¢ E 11 20° 15.20¢ S 149° 11.15¢ E 12 20° 28.93¢ S 149° 08.03¢ E 13 20° 31.20¢ S 149° 09.07¢ E 14 20° 34.28¢ S 149° 10.50¢ E 15 20° 33.91¢ S 149° 07.06¢ E 16 20° 39.73¢ S 148° 45.82¢ E
(b) west along parallel of latitude 20° 39.73¢ S to the coastline of the mainland at low water, near Midge Point; and
(c) generally northerly, easterly, south-easterly and north-westerly along the coastline of the mainland at low water to the point where the boundary began.
Torres Strait means the waters in the Torres Strait bounded on the south by the line of latitude 10° 41.00¢ S, on the east by the line of longitude 143° 24.00¢ E, on the north by the line of Australia’s exclusive economic zone, and on the west by:
(a) in relation to a vessel of less than 8 metres draught—the line of longitude 142°05.00¢ E; and
(b) in relation to a vessel of 8 metres or more draught—the line of longitude 141°50.00¢ E;[4]
valid, in relation to a licence or restricted licence, means a licence or restricted licence that is current, is not cancelled or under suspension, and that bears the signature of the holder.
[4] A chart of the Torres Strait pilotage area is provided in Appendix 2.
3 Interpretation
3.1 In this Part, the position of a meridian of longitude or a parallel of latitude is with reference to the World Geodetic System 1984 (WGS84).
3.2 In this Part:
(a)headings and subheadings are part of the Part;
(b) the Appendices are part of the Part;
(c) a footnote is not part of the Part, but may provide additional information or guidance in applying the Part.
4 Application
This Part applies to pilots and pilotage in relation to ships in, or in transit to or from, any of the following parts of the Australian Coastal Sea:
(a) Hydrographers Passage pilotage area;
(b) the inner route pilotage area;
(c) the Great North East Channel pilotage area;
(d) the Whitsundays pilotage area.
5 Review of decisions
5.1 Internal review
5.1.1 If the Manager makes a decision under this Part, a person affected by the decision may, within 3 months of the date of notification of the decision or such longer period as determined by the General Manager, apply to the General Manager for review of that decision.
5.1.2 An application for internal review under 5.1.1 must be made in writing to the General Manager and must be accompanied by such information as the General Manager requires to enable the decision to be properly reviewed.
5.1.3 The General Manager may:
(a) affirm the original decision by the Manager; or
(b) make any decision that could be made by the Manager in accordance with this Part.
5.1.4 The General Manager must give his or her decision in writing within 28 days of receiving the application for internal review.
5.2 Review by the AAT
5.2.1 Application may be made to the Administrative Appeals Tribunal for review of a decision by the General Manager:
(a) under 5.1.3, in relation to an internal review of a decision of the Manager;
(b) to suspend a licence or restricted licence under provision 6.5.13; or
(c) to withdraw a pilotage provider’s Document of Compliance under provision 8.1.5.
5.2.2 The notice of a decision by the General Manager under 5.1.4, provision 6.5.13, or provision 8.1.5 must include a statement to the effect that, if the person is dissatisfied with the decision, application may, subject to the Administrative Appeals Tribunal Act 1975, be made to the Administrative Appeals Tribunal for review of the decision. The notice must also include a statement to the effect that the person may request a statement under section 28 of that Act.
5.2.3 Failure to comply with 5.2.2 in relation to a decision does not affect the validity of that decision.
6 Licensing of pilots
6.1 Requirement for licence, restricted licence or trainee pilot licence
6.1.1 For the purposes of sections 186C and 186E of the Navigation Act, a person being the holder of a valid:
(a) licence; or
(b) restricted licence; or
(c) trainee pilot licence,
issued or renewed under this Part is qualified to perform the duties of a pilot applicable to that licence or restricted licence, as follows:
| kind of licence | pilotage duties permitted |
| licence, valid for the inner route pilotage area | any ship in the inner route pilotage area |
| licence, valid for Hydrographers Passage pilotage area | any ship in Hydrographers Passage pilotage area |
| licence, valid for the Great North East Channel pilotage area | any ship in the Great North East Channel pilotage area |
| kind of licence (continued) | pilotage duties permitted (continued) |
| licence, valid for the Whitsundays pilotage area | any ship in the Whitsundays pilotage area |
| licence, valid for the Whitsundays pilotage area to permit anchoring passenger vessels in passenger vessel tourist areas[5] | any ship in the Whitsundays pilotage area; and anchoring passenger vessels in passenger vessel tourist areas |
| restricted licence, valid for the inner route pilotage area | any ship except: (a) a loaded oil tanker, chemical tanker or gas carrier; or (b) a ship the draught of which exceeds the endorsed draught, in the inner route pilotage area |
| restricted licence, valid for Hydrographers Passage pilotage area | any ship, except a loaded oil tanker, chemical tanker or gas carrier, in Hydrographers Passage pilotage area |
| restricted licence, valid for the Great North East Channel pilotage area | any ship except: (a) a loaded oil tanker, chemical tanker or gas carrier; or (b) a ship the draught of which exceeds the endorsed draught, in the Great North East Channel pilotage area |
| restricted licence, valid for the Whitsundays pilotage area | any ship, except a loaded oil tanker, chemical tanker or gas carrier, in the Whitsundays pilotage area |
| trainee pilot licence | training duties only |
[5] Passenger vessel tourist areas are defined in regulations made under the Great Barrier Reef Marine Park Act 1975.
6.1.2 A restricted licence valid for the inner route pilotage area is to be endorsed with one of the following draught limits:
| On initial issue | 10.0 metres |
| After holder has completed 12 transits north of latitude 16° 39.91¢S, with ships of 10 metres draught or less | 10.5 metres |
| After holder has completed a further 6 transits north of latitude 16° 39.91¢S, with ships of 10.5 metres draught or less | 11.0 metres |
| After holder has completed a further 6 transits north of latitude 16° 39.91¢S, with ships of 11 metres draught or less | 11.5 metres |
6.1.3 A restricted licence valid for the Great North East Channel pilotage area is to be endorsed with one of the following draught limits:
| On initial issue | 10.0 metres |
| After holder has completed 12 transits west of Alert Patches, with ships of 10 metres draught or less | 10.5 metres |
| After holder has completed a further 6 transits west of Alert Patches, with ships of 10.5 metres draught or less | 11.0 metres |
| After holder has completed a further 6 transits west of Alert Patches, with ships of 11 metres draught or less | 11.5 metres |
6.1.4 A transit west of Alert Patches completed for the purpose of 6.1.2 also counts for the purpose of 6.1.3.
6.2 Eligibility for licence, restricted licence or trainee pilot licence
6.2.1 To be eligible for a licence valid for a pilotage area, a person must:
(a) hold a restricted licence valid for that pilotage area;
(b) hold a valid Certificate of Medical Fitness referred to in Marine Orders, Part 9 (Health—Medical Fitness);[6] and
[6] Marine Orders, Part 9, requires a person to hold a valid Certificate of Medical Fitness to perform the duties of a coastal pilot.
(c) have completed:
(i) the number of transits specified in 6.2.6; or
(ii) such other number of transits as is determined by the Manager, having regard to the relevant experience of the applicant.
6.2.2 As an alternative to 6.2.1, a person is eligible for a licence valid for the Whitsundays pilotage area if that person:
(a) holds a licence valid for the inner route pilotage area; and
(b) has completed 2 transits in the Whitsundays pilotage area as an officer on watch, master or pilot observer.
6.2.3 To be eligible for a restricted licence, a person must:
(a) hold a trainee pilot licence;
(b) hold a valid Certificate of Medical Fitness referred to in Marine Orders, Part 9 (Health—Medical Fitness); and
(c) have satisfactorily completed an approved program of training, or training which the Manager considers is equivalent to all or part of the approved training.[7]
[7] The Manager will not approve training, or a program of training, unless it includes satisfactory completion of an assessment voyage with a check pilot.
6.2.4 To be eligible for a trainee pilot licence, a person must:
(a) be entitled to permanent residence in Australia;
(b) hold a valid certificate as Master issued under Marine Orders, Part 3 (Seagoing Qualifications) or Royal Australian Navy qualifications and experience in pilotage, navigation and seamanship that the Manager considers equivalent;
(c) hold a valid Certificate of Medical Fitness referred to in Marine Orders, Part 9 (Health—Medical Fitness);
(d) have completed not less than 36 months sea service as master, navigating officer in charge of a watch, or pilot, on ships 35 metres or over in length while holding a certificate or qualification referred to in (b) above or as a master on ships of 3,000 or more gross tonnage issued in accordance with STCW Regulation II/2:
(i) 18 months of which having been completed during the 5 years immediately prior to the application date; or
(ii) the person producing evidence of training that the Manager considers equivalent to completing 18 months sea service during the 5 years immediately prior to the application date; and
(e) produce evidence of having satisfactorily completed an approved Bridge Resource Management (BRM) Course.
6.2.5 To be eligible to have a licence valid for anchoring passenger vessels in the Whitsundays passenger vessel tourist areas, a person must have satisfactorily completed an approved training program.
6.2.6 For the purposes of 6.2.1(c)(i), the number of transits that must be completed by the holder of a restricted licence to be eligible for a licence is as follows:
| For a licence valid for the inner route pilotage area | 6 transits of the inner route pilotage area while holding a restricted licence endorsed for 11.5 metres draught, one of which must be an assessment voyage[8] on a ship with a draught of 11.0 metres or more with a check pilot |
| For a licence valid for Hydrographers Passage pilotage area | 20 transits of Hydrographers Passage pilotage area |
| For a licence valid for the Great North East Channel pilotage area | 6 transits of Torres Strait west of Alert Patches while holding a restricted licence endorsed for 11.5 metres draught, one of which must be an assessment voyage8 on a ship with a draught of 11.0 metres or more with a check pilot; and 2 transits of the Great North East Channel pilotage area |
| For a licence valid for the Whitsundays pilotage area | 2 transits of the Whitsundays pilotage area |
[8] See Annex B to Appendix 1.
6.3 Duration and renewal of licences and restricted licences
6.3.1 A licence or restricted licence remains current for an initial term of 2 years.
6.3.2 A licence or restricted licence may be renewed for periods of up to 2 years if the holder:
(a) produces evidence that he or she has satisfactorily completed an approved course for professional development within four years of making application;[9]
[9] Details of courses may be obtained from the Manager. Successful completion of a course can only be used for a pilot licence renewal twice.
(b) holds a valid Certificate of Medical Fitness referred to in Marine Orders, Part 9 (Health—Medical Fitness); and
(c) complies with the relevant requirements of 6.3.3.
6.3.3 The holder of a licence or restricted licence:
(a) valid for Hydrographers Passage pilotage area—is eligible to have that licence or restricted licence renewed for that route if the holder has performed the duties of pilot on a minimum of 8 transits in the pilotage area during the 24 months preceding renewal, of which:
(i) one must have been an assessment voyage with a check pilot; and
(ii) at least 4 must have been during the twelve months preceding renewal;
(b) valid for the inner route pilotage area—is eligible to have that licence or restricted licence renewed for that pilotage area if the holder has performed the duties of pilot on a minimum of 8 transits north of latitude 16° 39.91¢ S during the 24 months preceding renewal, of which:
(i) one must have been an assessment voyage with a check pilot; and
(ii) at least 4 must have been during the twelve months preceding renewal;
(c) valid for the Great North East Channel pilotage area—is eligible to have that licence or restricted licence renewed for that pilotage area if the holder has performed the duties of pilot on a minimum of 4 transits in the pilotage area during the 24 months preceding renewal, of which:
(i) one must have been an assessment voyage with a check pilot; and
(ii) at least 2 must have been during the twelve months preceding renewal;
(d) valid for the Whitsundays pilotage area—is eligible to have that licence or restricted licence renewed for that pilotage area if the holder has performed the duties of pilot in the Whitsundays pilotage area during the 24 months preceding renewal;
(e) valid for anchoring passenger vessels in the Whitsundays passenger vessel tourist areas—is eligible to have that licence renewed if the holder of the licence has performed the duties of pilot anchoring passenger vessels in passenger vessel tourist areas as described in the approved training program during the 24 months preceding renewal.
6.3.4 If the Manager is satisfied that circumstances exist in which it would be unreasonable or impracticable for a person to meet the requirements of 6.3.3, the Manager may renew that person's licence or restricted licence:
(a) for such period as the Manager determines; or
(b) for a specified number of transits in one or more specified pilotage areas; or
(c) following completion of a specified number of transits in specified pilotage areas as an observer.
6.4 Issue of licences, restricted licences and trainee pilot licences
6.4.1 Application for the issue or renewal of a licence, restricted licence or trainee pilot licence must be made in an approved form and accompanied by such evidence of relevant service, certificates, licences or restricted licences held or other documents as the Manager considers necessary.
6.4.2 If the Manager is satisfied that an applicant has met the requirements specified in this Part for the issue or renewal of a licence, restricted licence or trainee pilot licence, the Manager will issue or renew the relevant kind of licence as the case requires.
6.4.3 If a person is eligible for licences or restricted licences valid for two or more routes, the Manager may issue a licence or restricted licence valid for both or all of those routes, as appropriate.
6.4.4 The Manager may require a person who is eligible for the issue of a licence or restricted licence to surrender any licence or restricted licence held by the person which entitles the person to perform duties permitted by the licence or restricted licence to be issued.
6.4.5 When an applicant is eligible for the issue or renewal or of a licence or restricted licence, the Manager may issue an interim document pending the issue or renewal of the licence or restricted licence.
6.4.6 Subject to 6.4.7, an interim document is deemed, until its expiry, equivalent to the licence or restricted licence to which it refers.
6.4.7 An interim document is valid for 6 months or until it is required to be surrendered, whichever is the earlier.
6.4.8 The person to whom an interim document has been issued must surrender it to the Manager:
(a) within 14 days of the issue, renewal, cancellation or suspension of the licence or restricted licence to which it refers; or
(b) when so required by the Manager.
This is a penal provision.
6.5 Cancellation, suspension or variation of licences and restricted licences
6.5.1 If, in relation to a licence or restricted licence, the Manager determines that:
(a) the holder has demonstrated incompetence or misconduct relating to the performance of his or her duties as a pilot; or
(b) the holder is unable from any cause to perform properly the duties appropriate to the licence or restricted licence; or
(c) the licence or restricted licence was obtained by reason of a false representation,
the Manager may:
(d) cancel the licence or restricted licence; or
(e) suspend the licence or restricted licence until specified conditions are met; or
(f) impose restrictions on the purposes for which the licence or restricted licence is valid for use until specified conditions are met.
6.5.2 Examples of the conditions that the Manager might specify under 6.5.1(e) or (f) are:
(a) successful completion of a particular course;
(b) passing an oral examination in appropriate operational knowledge;
(c) completion of additional transits as observer;
(d) undertaking one or more voyages with a check pilot;[10]
[10] Guidelines for check pilots are provided in Annex B of the Appendix.
(e) production of references.
6.5.3 Examples of restrictions that the Manager might impose under 6.5.1(f) are:
(a)restriction on draught of ship;
(b) restriction on type of ship;
(c) restriction on area of operation.
6.5.4 The Manager must not suspend or cancel a licence or restricted licence under 6.5.1 until the following steps have been completed:
(a)the Manager considers that there are prima facie grounds for believing that one or more of the circumstances listed in 6.5.1 exist in relation to the licence or restricted licence;
(b) the holder has been informed that action against his or her licence or restricted licence is contemplated, and the reason why;
(c) the holder has been provided with copies of any documents which the Manager will be using to make his or her decision;
(d) the holder has been allowed sufficient time, which must not be less than 28 days, during which he or she may make submissions, which need not be in writing, in relation to the decision;
(e) the Manager has given proper consideration to submissions made by the holder.
6.5.5 If a decision has been made to cancel or suspend a licence or restricted licence, the Manager must cause to be given to the holder notice in writing of:
(a) the decision;
(b) the right of review contained in provision 5; and
(c) the date on which the cancellation or suspension is to take effect.
6.5.6 The Manager may cancel at any time a licence or restricted licence that has been unlawfully altered by any kind of addition, interpolation or erasure and may cause such further action to be taken, including action for the issue of a replacement licence or restricted licence, as the circumstances of the case require.
6.5.7 The Manager may cancel at any time a licence or restricted licence that has been forged.
6.5.8 The holder of a licence or restricted licence that has been cancelled or suspended must surrender it to the Manager within 14 days of that cancellation or suspension.
This is a penal provision.
6.5.9 Subject to any conditions attached to the suspension, a suspended licence or restricted licence must be returned to the holder upon the expiration of the period of suspension.
6.5.10 The Manager may refuse to issue a licence or restricted licence to a person whose licence has been cancelled or is under suspension.
6.5.11 The Manager may cancel a licence or restricted licence that contains factual errors and issue a correct licence or restricted licence in its place.
6.5.12 If a ship under pilotage is involved in a grounding, or collides with another ship
or any other object, the Manager must, as soon as practical after being advised of the grounding or collision, suspend for a period not exceeding seven days the licence or restricted licence of the pilot having conduct of the vessel.[11]
6.5.13 If a ship under pilotage is involved in a grounding, or collides with another ship or any other object, and the General Manager is satisfied that it is in the interests of safety or the protection of the marine environment that the licence or restricted licence of the pilot having conduct of the vessel be suspended pending:
(a) a decision on whether action should be taken under 6.5.1; or
(b) the completion of the procedures specified in 6.5.4,
the General Manager may suspend the licence or restricted licence of the pilot for such period not exceeding six months as is reasonably necessary for a decision to be taken under 6.5.1 or the completion of the procedures specified in 6.5.4.
[11] Temporary suspension of a pilot's licence or restricted licence following a grounding or collision is automatic and does not necessarily mean that the pilot's conduct is being called into question.
6.6 Replacement of licences, restricted licences and trainee pilot licences
6.6.1 The Manager, if satisfied that a licence, restricted licence or trainee pilot licence has been lost, damaged or destroyed, may issue a replacement licence.
6.6.2 When a lost licence, referred to in 6.6.1 has been recovered and returned to the holder, the holder must return the recovered licence to the Manager within 14 days.
This is a penal provision.
7 Duties of pilots
7.1 Queensland Coastal Pilotage Safety Management Code
A pilot must carry out his or her duties in accordance with the Queensland Coastal Pilotage Safety Management Code.
This is a penal provision.
7.2 Reporting of deficiencies
7.2.1 If a pilot, during the course of his or her duty, becomes aware of a deficiency relating to a ship that renders, or has the potential to render, the ship unseaworthy, he or she must report the deficiency to an AMSA surveyor as soon as practicable.
7.2.2 Failure on the part of a pilot to comply with 7.2.1 is deemed to constitute misconduct for the purposes of provision 6.5.1.
7.3 Reporting to REEFVTS
7.3.1 The pilot of a ship to which Marine Orders, Part 56 (REEFREP) applies must make a report to REEFVTS[12] in respect of a ship:
[12] The methods of communication with REEFVTS are provided in the User Manual for the Great Barrier Reef and Torres Strait Vessel Traffic Service (REEFVTS).
(a) within 15 minutes of embarking the ship; and
(b) within 15 minutes prior to disembarking from the ship,
or as soon thereafter as it is safe to do so.
7.3.2 The following information must be provided in the report:
(a) ship name, call sign and IMO number;
(b) name of mandatory reporting point,[13] pilot boarding ground or position (latitude and longitude);
(c) name and licence number of pilot, including such details for any second pilot, check pilot or trainee pilot;
(d) time pilot embarked or is to disembark;
(e) time pilot is to commence or is to cease pilotage duties if different from (d).
[13] A list of mandatory reporting points is set out in Marine Orders, Part 56.
8 Duties of pilotage providers
8.1 Document of Compliance
8.1.1 A person must not act as a pilotage provider unless that person is the holder of a valid Document of Compliance.
This is a penal provision.
8.1.2 If satisfied that a person has in place systems and procedures that conform to the Queensland Coastal Pilotage Safety Management Code, the Manager will issue to that person a Document of Compliance.
8.1.3 Subject to 8.1.4 and 8.1.5, a Document of Compliance remains valid for a period of 5 years, or if the circumstances warrant such lesser period as determined by the Manager, and, subject to satisfactory completion of a compliance audit within three months before the expiry date of the Document of Compliance, may be renewed for a further period of five years.
8.1.4 The continued validity of a Document of Compliance is subject to satisfactory completion of:
(a) an annual verification audit within three months before or after the anniversary date of the Document of Compliance; and
(b) such additional audits determined by the Manager to be warranted in the interests of safety or protection of the marine environment.
8.1.5 If the systems and procedures of a pilotage provider fail to conform in a major respect with the Queensland Coastal Pilotage Safety Management Code, the General Manager may withdraw that pilotage provider’s Document of Compliance.
8.2 Queensland Coastal Pilotage Safety Management Code
A pilotage provider must operate in accordance with the Queensland Coastal Pilotage Safety Management Code.
This is a penal provision.
8.3 Pilotage provider to report supply of pilots for Torres Strait pilotage area
If a pilotage provider intends to provide a pilot for a transit of Torres Strait, the pilotage provider must give the Manager the following information at least 48 hours prior to the intended embarkation:
(a) name of pilot (if known);
(b) booking number;
(c) ship name, call sign and IMO number;
(d) name of pilot boarding ground or position (latitude and longitude) where the pilot will embark; and
(e) estimated time of embarkation.
9 Torres Strait to be a compulsory pilotage area
For the purposes of Division 2 of Part IIIA of the Navigation Act, the Torres Strait is a compulsory pilotage area.
10 Exemption from requirement to navigate with a pilot
For the purposes of paragraph 186K(2)(b), the following is prescribed information:
(a) the name and address of the applicant;
(b) the name and address of the operator;
(c) ship name, IMO number, and flag;
(d) ship type (bulk carrier, general cargo ship, oil tanker, chemical tanker, gas carrier, and others);
(e) principal dimensions (length overall, breadth extreme, maximum depth, maximum draught, etc);
(f) loaded draught during navigation in the compulsory pilotage area;
(g) hull material;
(h) vessel’s general arrangement and tank capacity plans;
(i) details of navigational and communication equipment;
(j) name of the master and navigational watch-keepers who will be on watch at any time during which the ship is in a compulsory pilotage area;
(k) qualifications of the master and navigational watch-keepers along with recent navigational experience in the compulsory pilotage area;
(l) details of bunkers the ship intends to carry during navigating in the compulsory pilotage area;
(m) details of cargo which the ship intends to carry during navigation in the compulsory pilotage area;
(n) details of ballast which the ship intends to carry during navigation in the compulsory pilotage area.
11 Transitional
A licence issued under a provision of Marine Orders, Part 54, Issue 3 and in force immediately before this Issue of this Part came into force, is to continue in force as if granted under this Issue of this Part.
* * * * * *
Appendix 1
Queensland Coastal Pilotage Safety Management Code
PREAMBLE
This Code is designed to facilitate the effective, efficient and safe management of pilotage services on the Queensland coast. Adherence to the Code by pilots and pilotage providers is mandatory under Marine Orders Part 54 (Coastal Pilotage) and will be monitored and audited by the Australian Maritime Safety Authority (AMSA).
AMSA is a Commonwealth statutory authority charged with responsibility for the regulation of coastal pilotage. This function was transferred from the Marine Board of Queensland to AMSA in 1993. Legislative power for regulation of pilot standards of competence, pilotage providers and other pilotage matters is found in the Navigation Act 1912, and detailed requirements are set down in Marine Orders, Part 54 (Coastal Pilotage) and Part 9 (Health - Medical Fitness).
1 General
1.1 Definitions
accident means any unplanned event whereby a ship, person or the built or natural environment suffers any injury or damage during the course of a pilotage;
approved means approved by the Manager;
audit means an audit carried out on a pilotage provider or a pilot by an AMSA auditor in accordance with agreed and documented procedures;
CASA means the Civil Aviation Safety Authority;
Code means the Queensland Coastal Pilotage Safety Management Code;
fatigue management plan means the plan agreed within the industry for the management of pilot fatigue;
General Manager means the person occupying the position of General Manager, Maritime Operations, in AMSA;
hazardous situation means a situation where there is the likelihood of an accident;
internal audit means an audit carried out by a pilotage provider on their own activities to ensure compliance with the Code;
leave is any period where a pilot is not involved in pilotage duties and is not on call or roster for an agreed time;
Manager means the person occupying the position of Manager, Ship Operations and Qualifications, in AMSA, or in respect of any particular purpose under Marine Orders, Part 54, a suitably qualified person authorised by the Manager, Ship Operations and Qualifications, for that purpose;
MSQ means Maritime Safety Queensland;
near miss is any incident where a pilot has to initiate sudden and unplanned action to avoid an accident;
non-conformity means a deviation from requirements specified in the Safety Management System (SMS), or an error, which could endanger or has compromised the safety of people or the environment;
pilot means a person holding a valid licence or restricted licence issued, renewed or recognised under Marine Orders, Part 54;
pilotage provider means a person who assigns or allocates a pilot to the transit of a ship through particular waters, irrespective of the legal relationship, contractual or otherwise, between that person and the pilot;
transfer arrangements means any method of conveying pilots between a ship and the shore; and
valid licence means a licence or restricted licence issued or renewed under Marine Orders Part 54 that is current, is not cancelled or under suspension, and that bears the signature of the holder.
1.2 Objectives
1.2.1 The objectives of this Code are to promote:
(a) safety at sea;
(b) prevention of injury or loss of life; and
(c) avoidance of damage to the marine environment and to property,
by ensuring that all persons, procedures and operations involved in coastal pilotage are covered by an approved SMS.
1.2.2 The objectives of each SMS include:
(a) the observance of safe working practices;
(b) the identification of risks and provision of suitable safeguards; and
(c) the provision of continuous improvement.
1.2.3 The SMS should aim to ensure compliance with mandatory rules and regulations and that applicable codes, guidelines and standards are taken into account.
1.3 Application
The Code applies to all operations involved with the provision of pilotage services to shipping off the Queensland coast covered by Part IIIA of the Navigation Act 1912.
1.4 Functional Requirements
Every pilotage provider must develop, implement and maintain a SMS which must include:
1.4.1 a safety and environmental protection policy describing how the objectives set out in 1.2.2 are to be achieved;
1.4.2 instructions and procedures for pilots to promote the safe pilotage of ships and protection of the environment in compliance with relevant legislation;
1.4.3 procedures for ensuring that non-conformities, accidents and hazardous situations are reported to the pilotage provider, investigated and analysed with the objective of improving safety and pollution prevention. Procedures should be established for the implementation of corrective action;
1.4.4 the fatigue management plan;
1.4.5 procedures to prepare for and respond to emergency situations;
1.4.6 procedures for internal audits and management reviews; and
1.4.7 defined levels of authority and lines of communication between and among shore staff, pilot launch crews and pilots.
2 SAFETY AND ENVIRONMENTAL PROTECTION POLICY
The policy should be a concise and clear statement. It should describe the aim of the SMS and outline a strategy and plan of action to achieve and maintain the aim.
Consideration should be given to the policy’s interaction with existing policies and procedures, particularly the fatigue management plan. It should be reviewed at regular intervals to ensure that it remains relevant and effective.[14]
[14] As an indication of top level management commitment, the policy should be signed by the Chief Executive or comparable senior decision maker.
3 THE REPONSIBILITIES OF PILOTAGE PROVIDERS
Each pilotage provider is responsible for:
3.1 ensuring that it only allocates qualified[15] pilots who are fully conversant with the pilotage provider’s SMS;
[15] A qualified pilot will hold the appropriate licence for the pilotage area to be transited (Marine Orders, Part 54) and be medically fit (Marine Orders, Part 9).
3.2 meeting any obligations under Commonwealth and State occupational health and safety legislation and relevant State/Commonwealth maritime legislation;
3.3 having in place a drug & alcohol policy and a harassment policy;
3.4 implementing the fatigue management plan;
3.5 preparing rosters to cover leave for pilots, etc;
3.6 having in place procedures:
3.6.1 to deal with any requirement for a change of pilots at short notice, such as a grounding or other incident;
3.6.2 to deal with the unforseen illness of a pilot (either on board or ashore);
3.6.3 for pilots to identify, describe and respond to potential emergency shipboard situations;
3.7 establishing and maintaining procedures for ensuring that any training, which may be required in support of the SMS, has been undertaken by all personnel concerned;
3.8 designating a person or persons in the pilotage provider’s office having direct access to the highest level of management with the function of providing a link between the pilotage provider and the pilot on board;
3.9 ensuring that all pilots operate under an approved code of conduct[16];
[16] The approved code of conduct is available from AMSA.
3.10 appointing a person approved by the Manager to be a training pilot;
3.11 appointing a person approved by the Manager to be a check pilot and arranging and co-ordinating check pilot voyages;
3.12 ensuring that pilot transfer arrangements meet appropriate standards;
3.13 ensuring that procedures are in place covering the reporting of matters such as near misses, accidents, equipment failures, etc. to the appropriate regulatory authorities, e.g. AMSA, MSQ, CASA;
3.14 meeting the requirements of sections 8, 9, 10 and 11 of this Code; and
3.15 ensuring that pilots comply with section 7 of this Code.
4 THE RESPONSIBILITIES OF DESIGNATED PERSON(S)
4.1 A person designated by a pilotage provider under 3.8 has the responsibility to monitor the safety and pollution prevention aspects of the operation of each pilot, and to ensure that adequate resources and shore based support are applied, as required. A designated person is responsible for the maintenance of the SMS and, in particular, for:
4.1.1 verifying its effectiveness and degree of implementation;
4.1.2 reporting deficiencies to the responsible level of management; and
4.1.3 identifying persons responsible for rectifying deficiencies.
4.2 A designated person should be fully conversant with the pilotage provider’s safety and environmental protection policies.
4.3 A designated person should have the independence and authority to report deficiencies observed to the highest levels of management.
4.4 A designated person should have the responsibility for organising safety audits, and should ensure that corrective action has been taken.
5 THE RESPONSIBILITIES OF TRAINING PILOTS
A person appointed by a pilotage provider as a training pilot under 3.10 has the responsibility for carrying out the duties of supervising pilot laid down in the latest edition of the Queensland Coastal Pilotage Training Program.
6 THE RESPONSIBILITIES OF CHECK PILOTS
A person appointed by a pilotage provider as a check pilot under 3.11 has the responsibility for undertaking check voyages with licensed pilots in accordance with
approved guidelines[17] and assessing trainee pilots as specified in the latest edition of the Queensland Coastal Pilotage Training Program.
[17] Guidelines that have been approved by the Manager are set out in Annex B.
7 THE RESPONSIBILITIES OF PILOTS
Each pilot is responsible for:
7.1 providing information and advice to the master of the ship to assist the master and the ship’s navigating officers to make safe passage through the pilotage area or areas for which the pilot is engaged;
7.2 ensuring that he/she has prepared comprehensive passage plans, checklists, etc. and plans for dealing with situations on board related to lack of essential navigational equipment such as radar, compass etc. Passage plans must be discussed with the master and any relevant information such as equipment malfunction or lack of navigation aids taken into account;
7.3 ensuring that he/she has confirmed with the master that emergency plans are in place on board the vessel and that there is a full understanding of the pilot’s role in such plans;
7.4 ensuring correct communications procedures are used in relation to the VHF and any other equipment that may be used;
7.5 ensuring access is available to up to date charts, tide tables, Notices to Mariners;
7.6 carrying out all duties in accordance with Marine Orders and the approved code of conduct[18];
[18] The approved code of conduct is available from AMSA.
7.7 compliance with the pilotage provider’s SMS;
7.8 compliance with the fatigue management plan;
7.9 undertaking voyages with a check pilot as observer at least once as a condition of revalidation of his or her licence;
7.10 undertaking approved professional development courses at the agreed intervals;
7.11 promoting and practising the principles of bridge management teamwork;
7.12 wearing any personal protective equipment required by the pilotage provider’s SMS;
7.13 reporting to REEFVTS[19] when ceasing or commencing pilotage duties on board the vessel, specifically:
[19] The methods of communication with REEFVTS are provided in the User Manual for the Great Barrier Reef and Torres Strait Vessel Traffic Service (REEFVTS).
(a) ship name;
(b) pilot’s name and licence number; and
(c) time pilot ceased duty or commenced duty.
8 EQUIPMENT
8.1 Each pilotage provider must establish procedures to ensure that any pilot launch or helicopter used for pilot transfers is maintained in conformity with the standards in Annex A, meets the requirements of MSQ and CASA and with any additional requirements which may be established by the pilotage provider.
8.2 In meeting these requirements the pilotage provider must ensure that:
(a) inspections are held at appropriate intervals;
(b) any non-conformity is reported with its possible cause, if known;
(c) appropriate corrective action is taken; and
(d) records of these activities are maintained.
9 DOCUMENTATION
9.1 Each pilotage provider should establish and maintain procedures to control all documents and data which are relevant to the SMS.
9.2 The pilotage provider should ensure that:
9.2.1 valid documents are available at all relevant locations;
9.2.2 changes to documents are reviewed and approved by authorised personnel; and
9.2.3 obsolete documents are promptly removed.
10 PILOTAGE PROVIDER’S VERIFICATION, REVIEW AND EVALUATION
10.1 Each pilotage provider should periodically evaluate the efficiency, and where needed, review the SMS in accordance with procedures established by the pilotage provider.
10.2 The audits and possible corrective actions should be carried out in accordance with documented procedures.
10.3 The results of the audits and reviews should be brought to the attention of all personnel in the area involved.
10.4 The pilotage provider should take timely corrective action on deficiencies found.
11 CERTIFICATION, VERIFICATION AND CONTROL
11.1 Each pilotage provider must be in possession of a valid Document of Compliance (DOC) issued by AMSA.
11.2 AMSA will issue the DOC, which will be valid for a period of five years, following a satisfactory audit of the pilotage provider.[20]
[20] Criteria to be used in conducting an audit is obtainable from AMSA.
11.3 AMSA will conduct an annual verification audit within three months before or after the anniversary date of the DOC.
11.4 AMSA will conduct a renewal audit within three months before the anniversary date of the DOC. The renewed DOC will be valid from the date of expiry of the existing DOC.
* * * * * *
ANNEX A
PILOT TRANSFER STANDARD FOR QUEENSLAND COASTAL PILOTAGE
1 Application
Parts A, B and C of this Standard apply to all pilot vessels engaged in coastal pilot transfer within the Australian coastal sea of the Great Barrier Reef Marine Park and Torres Strait.
Part D of this Standard applies to helicopters engaged in pilot transfer.
All pilot vessels built after 1 January 2007 must comply with Parts A, B and C of this standard.
All existing pilot vessels must comply with Part B of this Standard by 31 March 2007.
All existing pilot vessels must comply with Parts A and C of this Standard.
2 Purpose
2.1 Pilot vessels are engaged on intra-state voyages and operate under the jurisdiction and survey of MSQ.
2.2 Helicopters used in pilot transfer come under the jurisdiction of CASA.
2.3 To ensure safe operation, this Annex sets out safety requirements for pilot transfer facilities additional to those required by the authorities referred to in 2.1 and 2.2.
Part A
3 Survey
3.1 A Pilot vessel must be, as a minimum, built, surveyed and maintained in accordance with the requirements of MSQ for vessels operating within Restricted Offshore Operations.
4 Manoeuvrability
4.1 A pilot vessel must:
(a) have adequate manoeuvrability and reserve power to safely manoeuvre alongside other vessels during pilot transfer; and
(b) have adequate sea-keeping qualities for operating in heavy sea, swell and wind conditions, which can reasonably be expected in the pilot area during continuous pilotage operations.
5. Manning
5.1 A pilot vessel must:
(a) be manned in accordance with its survey requirements but in any case must not have a complement of fewer than two persons;
(b) have a crew trained in all aspects of pilot transport, transfer and safety; and
(c) have a crew that hold appropriate qualifications as required by MSQ.
Part B
6. Pilot Vessel Construction and Design
6.1 Pilot vessels must be constructed in such a way so as to:
(a) adequately cope with the sea conditions which can reasonably be expected to exist in the pilotage area;
(b) be capable of effecting the transfer, embarkation and disembarkation of pilots safely, in reasonable comfort and without exposing either the pilots or the boats’ crew to undue stress or fatigue.
6.2 A pilot vessel must:
(a) be built with adequate strengthening to absorb heavy impacts when coming alongside ships whilst they are underway;
(b) have a continuous deck, clear and free of obstructions with adequate width between the gunwale and superstructure for safe pilot access; and
(c) have the pilot transfer position forward of the wheelhouse.
6.3 A pilot vessel must be so constructed as to provide:
(a) adequate visibility from the launch master’s normal conning position so that the pilot and deck hand can be seen when they are outside the cabin; and
(b) adequate visibility from the launch master’s normal conning position so that the pilot can be seen from the time of leaving the deck of the pilot vessel or ship and when ascending or descending the pilot ladder.
6.4 The helm, engine controls and all other ship handling controls of a pilot vessel must be located at the conning position.
6.5 The normal means of access from the open deck to accommodation space provided for use of pilots must not be a forward facing weathertight door.
6.6 A pilot vessel must not be fitted with a petrol engine.
6.7 A pilot vessel must be so constructed that when underway the back ground noise level inside the accommodation, except the engine space, must not exceed 78db. For pilot vessels built after 31 March 2007, the background noise level inside the accommodation space must not exceed 72db.
6.8 A pilot vessel must be provided with air conditioned accommodation.
6.9 The pilot vessel transfer deck must be provided with inboard guardrails capable of withstanding a load of 12kN in both the vertical and horizontal directions that will provide a secure holding point for the pilot and a crew member of the pilot vessel. The provision of such guardrails must not impede or any way interfere with the transfer of the pilot to and from the pilot ladder provided by the vessel to be piloted.
Part C
7 Equipment
7.1 A pilot vessel must be fitted with:
(a) adequate fendering to allow the pilot vessel to come alongside ships underway in all normal operating conditions without sustaining damage. Such fendering must not interfere, obstruct or hinder pilot transfer. Fendering must be continuous along gunwales. Tyres must not be used for fendering as they can become fouled on the pilot ladder or recovery line;
(b) adequate on-board lighting, including a means of illuminating the sea within five metres of the pilot vessel;
(c) adequate safety handrails on deck and inside accommodation capable of withstanding a load in either the vertical and horizontal direction of at least 12kN;
(d) windscreen wipers situated in front of the launch master that are effective in rough weather and a system for applying fresh water to the area of the forward windows covered by the wipers;
(e) standard equipment, including echo sounder, radar, GPS plotter for navigation and event marking, compass with deviation card, horn, VHF radio, automatic identification system (AIS), external broadcast system and appropriate charts of the operating area;
(f) adequate impact absorbing seating complete with restraining seat belts for both crew and pilots situated to allow comfortable access to all necessary controls and equipment required to be used by both crew and pilots;
(g) a searchlight operated from the launch master’s position with a minimum of one million candela and which is capable of illuminating the surface of the sea in all directions up to 100 metres from the pilot vessel;
(h) an efficient means of recovering an unconscious person from the water that is capable of being operated by one person. This means of recovery must be capable of lifting onboard a person with a mass of 150 kilograms.
(i) an efficient uninterrupted /continuous safety rail system for clip on safety harnesses along each side of the accommodation to the fore part of the pilot transfer area. The system must allow the harness traveler to move freely and without adjustment over the full length of the safety rail.
7.2 All external walkways must have an efficient non-slip surface.
7.3 The external colour of the pilot vessel must be substantially a highly visible colour and clearly marked with the word “Pilot” on both sides of the vessel in letters not less than 30 cm high.
8. Personal Protective Equipment
8.1 Each pilot and crew member working on deck must be provided with a safety harness that meets the requirements of Australian Standard AS2227.
8.2 Each pilot and crew member working on deck must be provided with an inflatable lifejacket with self activating light and whistle that meets the relevant requirements of the International Convention for the Safety of Life at Sea (SOLAS).
8.3 Pilots and crew members must wear suitable enclosed non-slip footwear and any other personal protective equipment as specified in the pilotage provider’s SMS.
9. Pilot Vessel Operation
9.1 The pilot vessel must have on board all manuals and plans as required by MSQ, which include:
(a) the operational manual for the vessel;
(b) the technical manual for the vessel;
(c) the maintenance manual for the vessel;
(d) the marine occupational health and safety manual for the vessel; and
(e) the safety management plan for the vessel.
9.2 Records and certificates relevant to the pilot vessel must be kept in accordance with the requirements of MSQ.
9.3 The pilot vessel must operate under an approved SMS.
9.4 The approved SMS must include a schedule of emergency drills, which must include man overboard recovery drills, which as a minimum, must be conducted at three monthly intervals.
Part D
10 Helicopter Standard
10.1 Any helicopter used for pilot transfers must be licensed, manned and maintained in accordance with relevant CASA regulations in force at the time of pilot transfer.
10.2 The coastal pilotage provider’s SMS must contain documented procedures detailing the training, induction and familiarization a coastal pilot must undergo before commencing transfers by helicopter. The SMS must document the frequency of refresher training, induction and familiarisation.
* * * * * *
ANNEX B
CHECK PILOT REGIME
1. Introduction
Due to the nature of coastal pilotage, pilots do not have many opportunities to discuss in detail with their fellow pilots the specific techniques and procedures used when conducting pilotage in various areas and with different types of ships.
The concept of the check pilot assessment is not aimed at trying to identify less competent pilots and initiating any form of discipline. The check pilot concept is intended as a continuous improvement process whereby experienced pilots are able to interact with other pilots and discuss pilotage procedures and techniques in a non-confrontational setting.
All pilots have a common interest in the quality, professional standing and reputation of coastal pilotage services and should therefore fully support the check pilot system.
2. Minimum requirements to be approved as a check pilot by AMSA
(a) hold an unrestricted licence for the applicable pilotage area.
(b) not been involved in a serious pilotage incident (no suspension of licence exceeding seven days).
(c) have completed the following pilotage voyages:
the Great North East Channel pilotage area:
200 POW transits plus 50 pilotages in the Great North East Channel pilotage area, 6 of which must have been completed in the previous 12 months.
inner route pilotage area:
Either:
● have held an unrestricted licence continuously for the last 10 years and have completed 500 pilotages in the inner route pilotage area; or
● have completed 200 pilotages in the inner route pilotage area in the past 5 years.
and for both the above – must have completed 20 pilotages in the previous 12 months.
Hydrographers Passage
pilotage area:have completed 50 pilotages, 6 of which must have been completed in the previous 12 months.
3. Selection procedure for check pilots
(a) Initial interview with AMSA
(b) Psychometric test conducted by AMSA
(c) Completion of a Workplace Assessor course conducted by a training provider approved by the Manager.
4. Approval and appointment of check pilots
AMSA approved check pilots will be drawn from a pool of volunteers from all providers. Once a coastal pilot is approved by AMSA it is the responsibility of the pilotage provider to appoint the check pilot. It is also the responsibility of the provider to make a check pilot available, within a reasonable time frame, to undertake an assessment voyage when requested by a pilot.
A check pilot will be approved by AMSA for an initial period of two years and will be re-approved for further two-year periods by AMSA subject to maintaining currency of the pilotage areas approved and satisfactory performance as a check pilot.
5. Requirement for check pilot voyage
It is the responsibility of each individual pilot to ensure that an assessment trip is undertaken with a check pilot within the previous two years as a prerequisite for renewal of the pilot’s licence for each licensed pilotage area.
Depending on the availability of check pilots it may not be possible for a pilot to undertake an assessment voyage with a check pilot from the same provider. This does not negate the requirement to undertake the assessment voyage within the prescribed period.
Check pilots are also required to undertake the prescribed assessment voyages with another check pilot in order to renew their licence.
A voyage as a check pilot will count in full as a pilotage voyage for the purpose of maintaining the currency of the check pilot’s licence and status as a check pilot.
6. Pilot assessment procedure
The assessment procedure is to examine application of knowledge and a range of technical and other skills required by a coastal pilot.
6.1 Preparation
The check pilot is to plan each assessment trip taking into consideration performance criteria, standard required and strategies that will be used during the assessment.
6.2 Prior to conducting an assessment
Prior to conducting an assessment the check pilot must advise the pilot being checked of the performance criteria on which the assessment will be based.
6.3 Conduct of the assessment voyage
The check pilot must use a comprehensive checklist / aide memoire during the assessment voyage and use more than one assessment strategy to determine competence and knowledge. The check pilot may use the AMSA approved checklist or the check pilot may develop a more comprehensive checklist.[21]
[21] The AMSA approved checklist is available to all coastal pilots on request.
The check pilot will inform REEFVTS that an assessment voyage is underway at the earliest opportunity, which will usually be the first reporting point.
A check pilot will not interfere with the conduct of the pilotage. The licensed pilot engaged will at all times have conduct of the pilotage. The check pilot will be on the bridge at all times the pilot being assessed is on the bridge and should use his or her experience and discretion to ensure no distraction of the pilot being assessed by questions or conversation at critical points during the pilotage.
6.4 After the assessment voyage
A pilot that has been assessed is to be de-briefed and if necessary remedial action agreed. An unsatisfactory finding in one or more areas does not indicate that the pilot being assessed is not competent or capable; it is only the opinion of the check pilot that there is room for improvement in that specific area and should be regarded as such.
In the event that the check pilot considers the overall assessment unsatisfactory, AMSA will immediately arrange to interview the check pilot and the assessed pilot. AMSA will also arrange for another assessment voyage to be undertaken with a check pilot selected by AMSA and dependent on the outcome of this assessment will decide on what further action may be required.
Both the pilot and check pilot are to sign the checklist. The original of this checklist together with evidence that pre-assessment planning was undertaken and copies of evidence collected confirming competence or otherwise is to be submitted to the Manager, Ship Operations and Qualifications, AMSA.
A copy of the page titled “Pilot Audit and Checklist” from the AMSA approved checklist is to be submitted by the check pilot to the pilotage provider even if the check pilot’s own comprehensive checklist is used during the assessment.
A copy of all paperwork regarding each individual assessment undertaken is to be retained by the check pilot for a period of at least two years.
7. Review of check pilot assessments
Check pilots are to be prepared to review their own performance and encourage feedback from assessed pilots on the conduct of the assessment.
In order to help maintain consistency and to ensure that the appropriate performance criteria are assessed the Manager, Ship Operations and Qualification may appoint a suitably qualified person to confidentially review assessments conducted.
* * * * * *
Appendix 2
Torres Strait pilotage area
(a) if the offender is an individual—a fine not exceeding 20 penalty units; or
(b) if the offender is a body corporate—a fine not exceeding 50 penalty units.
A penalty unit is currently $110.
0
0
0