South Carolina Code of Regulations Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE
South Carolina Code of Regulations, Chapter 136, is a critical set of rules governing pilotage in the state, falling under the purview of the Department of Labor, Licensing and Regulation (LLR) - Commissioners of Pilotage. These regulations are designed to ensure the safe and efficient movement of large, ocean-going vessels into, out of, and within the commercial seaports of South Carolina.
The core purpose of pilotage regulations is safety – the safety of vessels, bridges, other waterfront structures, navigable waterways, and the marine environment. This is achieved by requiring vessels to utilize highly trained and state-licensed harbor pilots who possess intimate knowledge of the specific port's waterways.
Chapter 136 is typically divided into articles, often corresponding to specific coastal areas or ports in South Carolina, such as:
Article 1 - Lower Coastal Area (Port of Charleston): This article focuses on pilotage for the Charleston area.
Article 2 - Port of Port Royal: Specific regulations for pilotage in the Port Royal area.
Article 3 - Upper Coastal Area (Port of Georgetown): Regulations for pilotage in the Georgetown area.
While the specific section numbers may vary slightly over time due to amendments, here's a general overview of the key areas covered within Chapter 136 for each port:
I. Purpose and Definitions:
Clearly states the purpose of the regulations: to ensure safe and efficient marine commerce.
Defines key terms such as "Foreign Flag," "Full Branch" (unrestricted license), "Short Branch" (restricted license), "Gross Tons," and "Pilotage Area."
II. Pilot Licensing and Qualifications:
Requirement for Licensure: Stipulates that no person may be licensed as a pilot without successfully completing a rigorous apprentice training and qualification program (typically three years).
Apprentice Selection Process: Details the application process for apprenticeships, including academic requirements, previous maritime experience, physical and citizenship requirements, and a scoring system (often involving points for degrees, maritime experience, and "pilot potential" as assessed by current pilots).
Apprentice Training and Qualification Program: Outlines the structured training, including a minimum number of supervised voyages.
Pilot Registration: Requirements for licensed pilots to register, including annual physical examinations (often aligning with US Coast Guard medical certificates).
Short Branch Qualification: Procedures for obtaining licenses with specific restrictions (e.g., for vessels of a certain size or draft).
Board of Examiners: Establishes the examination process for applicants.
Fees: Schedule of fees for applications, licenses, and renewals.
III. Pilot Operations and Responsibilities:
Pilot Functions and Responsibilities: Defines the duties of pilots, including directing vessel movements, maintaining safe navigation, and acting as advisors to ship captains.
Pilot Vessel Operation: Regulations for the operation and approval of pilot boats used to transport pilots to and from vessels.
Pilot Charges and Fees: Rules for establishing and modifying the rates that pilots can charge for their services.
Pilot Communications Center: Requirements for communication centers that coordinate pilot assignments and vessel movements.
Vessel Traffic Movement Restrictions: Rules related to conditions under which vessel movements might be restricted for safety reasons (e.g., weather, visibility, under-keel clearance).
Docking and Undocking: Specific procedures and considerations for assisting vessels during docking and undocking maneuvers.
Pilot Response: Ensuring pilots respond to requests for service within specified timeframes.
Federal Pilot Licensure: Acknowledging that South Carolina harbor pilots typically hold both a state license (from the Commissioners) and a federal license (from the U.S. Coast Guard) and outlining the relationship between the two.
IV. Safety, Reporting, and Enforcement:
Marine Casualties, Accidents, and Other Reports: Requirements for pilots to report incidents, casualties, and other potentially hazardous situations. This often includes cooperation with Coast Guard investigations.
Appeals: Procedures for appealing decisions made by the Commissioners of Pilotage.
Penalties: Details on the penalties for violations of the regulations.
Oversight: The Commissioners inspect and approve pilot boats, conduct drug and alcohol screenings, and investigate incidents.
Role of the South Carolina Commissioners of Pilotage:
The Commissioners of Pilotage, within the Department of Labor, Licensing and Regulation, are responsible for:
Licensing and Regulating Pilots: Ensuring that only highly qualified and medically fit individuals can serve as harbor pilots.
Apprentice Selection: Managing the rigorous selection and training program for future pilots.
Rate Setting: Establishing the fees for pilotage services.
Safety Oversight: Monitoring pilot operations, investigating incidents, and enforcing safety standards to minimize risks in the state's busy ports.
Ensuring Efficient Commerce: By providing a highly skilled and available corps of pilots, they contribute to the smooth flow of maritime commerce, which is vital to South Carolina's economy.
In essence, Chapter 136 of the South Carolina Code of Regulations is the detailed rulebook that empowers the Commissioners of Pilotage to ensure the highest standards of safety and professionalism in the critical field of harbor pilotage, safeguarding lives, vessels, and the marine environment in South Carolina's commercial waterways.
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