SECTIONS 440-444 - California Statutes

HARBORS AND NAVIGATION CODE

SECTION 440-444

440. Pilots holding valid licenses for San Pedro Bay and its
approaches and tributaries, their associations, employers, and others
providing piloting services in San Pedro Bay are authorized to limit
liability for the rendering and performance of those services by
contracts or tariffs containing substantially the terms and
provisions set forth in this article.

441. The rates and charges for pilotage services do not include
insurance covering the vessel or its owners, agents, charterers, or
operators from the consequences of negligence of the pilot supplying
the pilotage services, the pilot's employer, or other employees of
the pilot's employer.

442. Upon reasonable notice from the owners, agents, charterers, or
operators, a pilot shall provide insurance covering the vessel, its
owners, agents, charterers, or operators from the consequences of
negligence of the pilot supplying the pilotage services, the pilot's
employer, or other employees of the pilot's employer on a trip
insurance basis with limits of coverage established by agreement
between the pilot and the party requesting the insurance, the premium
of which will be assessed in addition to the rates and charges for
the pilotage services.

443. The election of the owners, agents, charterers, or operators
to use a pilot through whom trip insurance could have been obtained
shall constitute a binding and irrevocable agreement on the part of
the owners, agents, charterers, and operators to the terms and
conditions set forth in Section 444.

444. It shall be understood and agreed, and shall be the essence of
an agreement under which services of the pilot are tendered to and
are accepted by owners, agents, charterers, or operators, as follows:
(a) The vessel requesting pilotage services and its owners,
agents, charterers, and operators covenant and agree not to assert a
claim against the pilot, the pilot's employer, or other employees of
the pilot's employer for damages, including any rights over, arising
out of, or connected with, directly or indirectly, any damage, loss,
or expense sustained by the vessel, its owners, agents, charterers,
operators, or crew, and by any third parties, even though resulting
in whole or in part from acts, omissions, or negligence of the pilot,
the pilot's employer, or other employees of the pilot's employer.
The vessel and its owners, agents, charterers, and operators further
covenant and agree, subject to any limitation of liability to which
they are entitled by reason of any contract, bill of lading, statute,
or other provision of law in force, to indemnify and hold harmless
the pilot, the pilot's employer, and other employees of the pilot's
employer with respect to liability arising from any and all claims,
suits, or actions, by whomsoever asserted, resulting in whole or in
part from acts, omissions, or negligence of the pilot, the pilot's
employer, or other employees of the pilot's employer. These covenants
and agreements do not apply to liability and rights that may arise
from the willful misconduct or gross negligence of the pilot, the
pilot's employer, or other employees of the pilot's employer.
(b) If any vessel on whose behalf pilotage services are requested
is not owned by the person or entity ordering the services, that
person or entity warrants its authority to bind the vessel and its
owners, charterers, and operators to all the provisions contained in
subdivision (a), and that person and entity agree to indemnify and
hold harmless the pilot, the pilot's employer, and other employees of
the pilot's employer with respect to all losses, damages, and
expenses that may be suffered or incurred in consequence of the
person or entity not having that authority.
(c) Pilotage services are voluntarily requested and are
voluntarily rendered in reliance upon the terms specified in
subdivisions (a) and (b).
(d) This article does not affect the rights of third parties
against a vessel, its master, owners, agents, charterers, or
operators, or a pilot, the pilot's employer, or other employees of a
pilot's employer.
(e) This article does not preclude any pilot or pilot's employer
from entering into contracts with the owners, agents, charterers, or
operators of a vessel that contain additional pilotage terms and
conditions.