Requires proof of clear and convincing evidence that damages, injury or loss arose from a navigation pilot's gross negligence or willful misconduct.
TITLE OF BILL: An act to amend the navigation law, in relation to the liability of pilots
PURPOSE: This bill requires any person initiating litigation against a state licensed pilot establish by clear and convincing evidence that damages, injury or loss arose from the state pilot's gross negligence or willful misconduct.
SUMMARY OF PROVISIONS: Amends §97 of the navigation Law by adding a new subdivision as to the liability of state pilots.
EXISTING LAW: None.
JUSTIFICATION: 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 of the voluntary nature of such pilotage. As such, federally licensed pilots are not subject to liability unless there is proof of gross negligence or willful misconduct. Accordingly, in order to maintain and promote an efficient State pilotage system, state licensed pilots should be afforded the same protections. 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.
LEGISLATIVE HISTORY: New Legislation in the 2012 Session
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect 30 days after becoming law.
STATE OF NEW YORK ________________________________________________________________________ 6360 IN SENATE February 1, 2012 ___________Introduced by Sens. SAVINO, LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Cultural Affairs, Tourism, Parks and Recreation 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. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ANY PERSON SEEKING TO HOLD A PILOT PROVIDING SERVICES PURSUANT TO A LICENSE ISSUED UNDER THE AUTHORITY OF THIS ARTICLE, LIABLE FOR DAMAGES, INJURY OR LOSS OCCASIONED BY THE PILOT'S ERRORS, OMISSIONS, FAULT OR NEGLECT, SHALL BE REQUIRED TO PROVE BY CLEAR AND CONVINCING EVIDENCE THAT THE DAMAGES, INJURY OR LOSS AROSE FROM THE PILOT'S GROSS NEGLIGENCE OR WILL- FUL MISCONDUCT. 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. LBD13690-01-2