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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsOctober 2016

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1000 Board of Pilot Commissioners
24 DE Admin. Code 1000
The Delaware Board of Pilot Commissioners pursuant to 23 Del.C. §102(1), proposed to revise Regulation 5.5. The proposed change puts all regulated licensees on notice of the specific required refresher trips for pilots not practicing their profession for any given number of days.
Following publication in the Delaware Register of Regulations on April 1, 2016 a public hearing was held on May 20, 2016. Written comment periods were held open for thirty days, and an additional fifteen days following the public hearing. No written comments were received and no public comments were made during the public hearing. At the public hearing, the Board marked as Exhibit 1 certifications of publication of the notice of public hearing, that ran in the Delaware News Journal and the Delaware State News.
Pursuant to discussions held at open public Board meetings, the Board, pursuant to 23 Del.C. §102(1), proposed to revise regulation 5.5 to specify the exact number and nature of refresher trips that will be required for a Pilot who has not actively practiced for a given period of time. The nature and number of refresher trips correlates directly to the amount of time a Pilot has been out of practice. By specifying the number and nature of trips required, licensees can more quickly return to active practice without having to wait for the Board to rule on what will be required. Any pilot out of practice for 180 or more will still have to address the Board for a specific refresher plan, tailored to the specific facts pertinent to the that Pilot.
IT IS SO ORDERED this 19th day of August, 2016 by the Delaware Board of Pilot Commissioners
5.5 Any pilot who fails to exercise his or her profession for any consecutive 90-day period is forbidden from piloting vessels. Such pilot may resume piloting vessels only upon certification to the Board that after he or she has made such refresher trips over the route as shall be deemed necessary by the Board to assure that he or she is fully familiar with conditions along the route refresher trips as outlined in this regulation. Refresher trips shall be made in the company of a first class pilot.
6.0 Pilots must pass a designated physical examination every year 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.
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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