Relates to liability of pilots.
TITLE OF BILL: An act to amend the navigation law, in relation to the liability of pilots
PURPOSE OR GENERAL IDEA OF BILL:
This bill makes the state licensed pilot a servant and/or agent of a vessel for the sole purpose of a defense to liability while providing pilotage services pursuant to the statute.
SUMMARY OF SPECIFIC PROVISIONS:
Amends § 97 of the navigation Law by adding a new subdivision as to the liability of state pilots.
In order to promote commerce, prevent pollution and protect the environment, the State requires all vessels arriving from or departing to foreign ports to take a State licensed pilot. The Federal government also licenses pilots for providing pilotage services. Contractual indemnification is provided to the federal pilots because the pilot is a servant of the vessel and its owner and/or operator and is not to be held personally liable. Accordingly, in order to maintain and promote an efficient State pilotage system, state licensed pilots should be afforded the same protection. The proposed amendment does not limit, restrict or prevent any statutory actions and/or authority provided to the Board of Commissioners of Pilots of the State of New York under New York navigation law or any other State or Federal Agency.
PRIOR LEGISLATIVE HISTORY:
2011-2012: A.9049: Died in Transportation.
S.6360: Died in Cultural Affairs, Tourism, Parks and Recreation.
This act shall take effect 30 days after becoming law.
STATE OF NEW YORK ________________________________________________________________________ 4855--B 2013-2014 Regular Sessions IN SENATE April 26, 2013 ___________Introduced by Sen. SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Cultural Affairs, Tourism, Parks and Recreation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Cultural Affairs, Tourism, Parks and Recreation in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the navigation law, in relation to the liability of pilots THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 97 of the navigation law is amended by adding a new subdivision 10 to read as follows: 10. A STATE PILOT IS A SERVANT AND/OR AGENT OF THE VESSEL AND ITS OWNER, DEMISE CHARTERER AND OPERATOR ONLY FOR THE PURPOSE OF A DEFENSE TO LIABILITY FOR PILOTAGE SERVICES RENDERED PURSUANT TO THIS SECTION. S 2. This act shall take effect on the thirtieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07997-05-4