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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsApril 2014

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24 DE Admin. Code 1000
The Delaware Board of Pilot Commissioners, pursuant to 23 Del.C. §102(1), proposes to revise regulation 11.2 by striking it in its entirety and revise Section 6.0 by removing the 120 limitation on annual physicals. The purpose for the removal of subsection 11.2 is that vessels of the size required to be piloted by this rule are no longer calling at the port, making compliance with this regulation difficult and unnecessary. The purpose for the removal of the 120 limitation on annual physicals in regulation 6.0 is that the current constrictions of private health insurance often limit annual physicals to one per year, and this limitation is making compliance with insurance requirements difficult to impossible.
6.0 Pilots must pass a designated physical examination every year within 120 days before their date of license renewal. Results of the examination shall be reported on the form approved by the Board. Examinations may also be ordered by the Board for any Pilot at any time for any cause. In addition, each Pilot shall report to the Commission concerning the Pilot’s request for a waiver from the United States Coast Guard for any medical condition, as permitted by Federal regulation, as well as the results of any such waiver request. The initial report to the Commission shall be made at the same time that the waiver request is made to the Coast Guard, and a copy of the Coast Guard’s decision on the waiver request shall be provided to the Commission within five business days of the Pilot’s receipt of the waiver decision.
11.1 Under the provisions of 23 Del.C. §113(b), no person shall be eligible for licensure as a first class pilot by this Board, until that person has served at least one year in each of the lower classes.
12.1 Under 23 Del.C. §113(b), a licensed pilot must serve at least one year in each of the previous lower pilot license classifications before the pilot is entitled to a first class license, permitting the pilot to provide pilotage services for “ships or vessels of any practical draft of water.” 23 Del.C. §112(1). Using the plain meaning rule of legislative interpretation, the term “serve” as used in Section 113(b) means to actively engage in the pilot profession during a full one-year term, and not merely to hold a current license for twelve months.
Last Updated: December 31 1969 19:00:00.
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