§ 76A-35. Duties and authority. - North Carolina Statutes

§76A‑35.  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 theregulated area. In the development of such rules and regulations, theCommission should request the advice of the U.S. Coast Guard, the U.S. Corps ofEngineers, the Pilots' Association, other maritime interests and any otherparty that the Commission might deem beneficial. However, the Commission maynot establish rules and regulations concerning the Morehead City to Aurorawater route except as they may apply to foreign vessels displacing over 60gross tons.

(b)        Examination andLicensing. – The Commission may examine such persons who hold a federal pilot'slicense and who have complied with an apprentice course approved by theCommission as may offer themselves to be a pilot on the regulated area. Theexamination 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 Subchapter andthe reasonable 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‑35(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 for thedamage by each one sustained.

(f)         Jurisdiction overDisputes as to Pilotage or Navigation. – Disputes between pilots or overmatters related to navigation in the regulated area may be voluntarily appealedby one of the pilots to the Commission for resolution or so presented to theCommission by any interested party 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 (Reg. Sess., 1982), c.1176, s. 1; 1985, c. 517, s. 2; 1998‑215, s. 137(b).)