HAR Chapter 96 – Pilotage

HAWAII ADMINISTRATIVE RULES
TITLE 16
DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
CHAPTER 96
PILOTAGE
Subchapter 1 	General Provisions
§16-96-1 	Repealed
§16-96-2 	Objective
§16-96-2.1 	Definitions
Subchapter 2 	Pilotage Rates
§16-96-3 	Pilotage rates and charges
§16-96-4 	Repealed
§16-96-5 	Repealed
§16-96-5.1 	Repealed
§16-96-6 	Repealed
§16-96-6.1 	Repealed
§16-96-6.2 	Repealed
§16-96-6.3 	Repealed
§16-96-7 	Repealed
§16-96-7.3 	Rates and charges when two pilots are required
Subchapter 3 	Rate Changes
§16-96-8 	Petition for changes in rates and charges
§16-96-8.2 	Hearings officer
§16-96-8.4 	Public hearing
§16-96-8.6 	Contested hearing administrative procedures
§16-96-8.8 	Prepared written testimony
§16-96-9 	Investigation of rate changes
§16-96-9.5 	Department ex officio party
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Subchapter 4 	Quarterly Reports
§16-96-13 	Filing of reports by pilot associations
§16-96-14 	Filing of reports by non-association member
§16-96-15 	Audit of records
Subchapter 5 	Repealed
§16-96-19 	Repealed
Subchapter 6 	Requirements for License
§16-96-23 	Adequate supply of pilots
§16-96-24 	Limitations of deputy port pilot license
§16-96-25 	Requirements for deputy port pilot license
§16-96-26 	Requirements for port pilot license
§16-96-26.3 	Waiver of requirements for port pilot license
§16-96-26.5 	Waiver of requirements for deputy port pilot license
§16-96-27 	Renewal of license
§16-96-28 	Investigations, interviews, examinations, and audits
§16-96-28.5 	Panel of knowledgeable individuals
§16-96-29 	Decision and appeal
Subchapter 7 	Examination
§16-96-30 	Written examination
§16-96-31 	Repealed
§16-96-32 	Repealed
Subchapter 8 	Pilot License Suspension, Revocation, and Denial
§16-96-36 	Disciplinary action
§16-96-37 	Suspension, revocation, and denial of license
Subchapter 9 	Physical Examinations
§16-96-40 	Physical examination requirement
§16-96-41 	Reporting requirements for physical or mental impairment
§16-96-42 	Repealed
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Subchapter 10 	Incidents and Accidents
§16-96-46 	Filing of report
§16-96-47 	State department of transportation and United States coast guard
rules
Subchapter 11 	Administrative Procedure
§16-96-51 	Administrative procedures
§16-96-52 	Requests for additional material or documentation
Subchapter 12 	Statewide Pilotage System
§16-96-61 	Statewide pilotage system
§16-96-62 	Central scheduling system
§16-96-63 	Training program
§16-96-64 	Work rules
SUBCHAPTER 1
GENERAL PROVISIONS
§16-96-1 	Repealed. 	[R 12/2/89]
§16-96-2 	Objective. 	This chapter is intended to clarify and implement
chapter 462A, Hawaii Revised Statutes, to the end that the provisions thereunder
may be best effectuated and the public interest most effectively served. 	[Eff
7/30/81; am and comp 12/2/89; comp 8/20/90] (Auth: HRS §462A-3) (Imp: HRS
§462A-3)
§16-96-2.1 	Definitions. 	As used in this chapter:
"Active service" means participation in the statewide pilotage system,
compliance with work rules adopted pursuant to this chapter, and the piloting or
onboard observation of a roundtrip in and out of all designated deep draft harbors
in the state in each calendar year; provided that the director may waive the
piloting or onboard observation requirement for any particular deep draft harbor
if there are insufficient vessel movements in that particular harbor.
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"Agency hearing" refers to only such hearing required by law to be held
by the director immediately prior to a judicial review of a contested case as
provided in section 91-14, Hawaii Revised Statutes.
"Applicant" means an individual applying for a deputy port pilot license,
a port pilot license, or for renewal of a pilot’s license.
"Application" means a request or proposal for a deputy port pilot license,
a port pilot license, or for renewal of a pilot’s license.
"Contested case" means a proceeding in which the legal rights, duties, or
privileges of specific parties are required by law to be determined after an
opportunity for agency hearing.
"Charges" means the fees assessed by licensed pilots for special or
auxiliary services rendered by the pilot.
"Department" means the department of commerce and consumer affairs and
any division or branch thereof.
"Director" means the director of commerce and consumer affairs.
"Hearings officer" means any person duly appointed and authorized to hold
a hearing for the purpose of taking evidence or oral argument and making a
recommended decision in any case or controversy within the jurisdiction of the
director.
"Interested person" means any person with a substantial interest in the
outcome of any proceeding conducted by the director.
"Party" means the department or any division or branch thereof, if named,
permitted or entitled as of right to participate in a proceeding, each person named
in a proceeding, or any interested or aggrieved person permitted or entitled as of
right to participate in a proceeding before the director in the capacity of a
petitioner, claimant, respondent, intervenor, or in a capacity other than that of a
witness.
"Person" means individual, partnership, corporation, association, public or
private organization of any character, or any state or federal agency, other than the
director.
"Petition" means an application, request, or a proposal to the director by
a party for a change in the rates or charges of pilotage for vessels subject to
chapter 462A, HRS, or for any relief within the jurisdiction of the director.
"Petitioner" means a party who initiates a proceeding for any relief within
the jurisdiction of the director.
"Rates" means the basic charges for all vessels using the services of a
licensed pilot to move a nonexempt vessel entering or departing from any port in
or transversing the waters of the State designated as pilotage waters. 	[Eff and
comp 12/2/89; am and comp 8/20/90] (Auth: 	HRS §462A-3) (Imp: 	HRS
§462A-3)
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SUBCHAPTER 2
PILOTAGE RATES
§16-96-3 	Pilotage rates and charges. 	(a) All rates, charges, policies,
procedures, and practices that are made, charged, or observed by a licensed pilot
shall be filed with the director in such form and manner as the director may
require, and copies shall be furnished by the pilot to any person upon request.
Copies of the rates, charges, rules, and practices shall also be made available at
the department.
(b) 	No rate, charge, rule, or practice shall be made, charged, or
observed by any licensed pilot except after a duly noticed public hearing and
contested hearing held pursuant to chapter 91, HRS, and as further provided in
subchapter 3 of this chapter. 	Except to the extent that the director finds that
unfairness would result, the director shall establish uniform rates and charges.
(c) 	All rates, charges, rules, and practices that were in effect prior to
the effective date of this chapter shall remain in effect until otherwise ordered by
the director pursuant to this section. 	[Eff 8/5/82; am 12/8/86; am and comp
12/2/89; comp 8/20/90] (Auth: 	HRS §462A-3) (Imp: 	HRS §§462A-3, 462-11)
§16-96-4 	Repealed. 	[R 12/2/89]
§16-96-5 	Repealed. 	[R 12/2/89]
§16-96-5.1 	Repealed. 	[R 12/2/89]
§16-96-6 	Repealed. 	[R 12/2/89]
§16-96-6.1 	Repealed. 	[R 12/2/89]
§16-96-6.2 	Repealed. 	[R 12/2/89]
§16-96-6.3 	Repealed. 	[R 12/2/89]
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§16-96-7 	Repealed. 	[R 12/2/89]
§16-96-7.3 Rates and charges when two pilots are required. Unless there
is a port pilot training program established pursuant to section 16-96-63, whenever
it is necessary for a Hawaii licensed port pilot and a Hawaii licensed deputy port
pilot to provide pilotage services together pursuant to section 16-96-26(a)(1)(B),
only the licensed port pilot shall receive compensation for the services provided.
[Eff and comp 12/2/89; am and comp 8/20/90] (Auth: HRS §462A-3) (Imp: HRS
§§462A-3, 462A-11)
SUBCHAPTER 3
RATE CHANGES
§16-96-8 Petition for changes in rates and charges. (a) The director may
at any time increase, lower, or alter any rate, charge, rule, or practice of pilotage
after a public hearing and contested hearing pursuant to chapter 91, HRS.
(b) 	Any interested person may petition the director for a change in any
rate, charge, rule, or practice by filing a petition which shall provide the following
information:
(1) 	Name of the petitioner;
(2) 	Statement of petitioner’s interest;
(3) 	Statement of current and proposed changes;
(4) 	Facts and circumstances giving rise to the petition, including the
necessity for the proposed changes;
(5) 	The anticipated effect or impact of the proposed change on the
maritime industry, the pilotage industry, and the general public;
(6) 	Financial statements for each of the two annual periods preceding
the date of the petition under current and proposed rates and
charges, including but not limited to the following:
(A) 	Statement of gross pilotage revenues and expenses;
(B) 	Statement of operating expenses, including maintenance,
depreciation, separately stated; and
(C) 	Statement 	of 	current 	and 	projected 	rate 	of 	return 	on
investment for property used in the business of pilotage;
(7) 	Statement of any rates and charges of pilotage at any comparable
ports of the United States, including a statement describing the
basis or conditions that a port may be comparable; and
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(8) 	Any other relevant information the director or department may
require.
(c) 	The petitioner shall serve a copy of the petition on the individual
licensed pilots, any pilot association, and all owners, charters, operators, and
agents of vessels who have made a timely written request to the director for
advance notice of any proposed change of pilotage rates or charges. [Eff 7/30/81;
am and comp 12/2/89; comp 8/20/90] (Auth: 	HRS §462A-3) (Imp: 	HRS
§462A-11)
§16-96-8.2 	Hearings officer. 	(a) Upon the filing of the petition, the
director shall assign the petition to a hearings officer for further proceedings
consistent with this chapter.
(b) 	The hearings officer shall preside over the public hearing and
contested hearing and shall file with the director a recommended decision together
with a summary of all the public testimonies provided at the public hearing and
a separate findings of fact, conclusions of law, and a recommended order. 	[Eff
and comp 12/2/89; comp 8/20/90] (Auth: 	HRS §462A-3) (Imp: 	HRS §§26-9,
462A-11)
§16-96-8.4 Public hearing. (a) Within thirty days of filing of the petition,
the director shall cause proper notice of the petition to be published in a
newspaper which is printed and issued at least twice weekly in the county affected
by the proposed action. 	The notice shall include a statement of the proposed
change 	in 	rates, 	charges, 	rules, 	or 	practice 	and 	the 	deadline 	for 	seeking
intervention in the contested hearing as a party. Due notice of the hearing shall
also be mailed at least thirty days prior to the date of hearing to the individual
licensed pilots, the pilot’s association, and all owners, charterers, operators, and
agents of vessels who have registered with the director.
(b) 	The 	public 	hearing 	shall 	afford 	all 	interested 	persons 	the
opportunity to submit data, views, or arguments in favor or against the proposed
changes. Comments may be presented orally or in writing at the hearing or may
be filed with the director within seven days subsequent to the public hearing. [Eff
and comp 12/2/89; am and comp 8/20/90] (Auth: HRS §462A-3) (Imp: 	HRS
§§92-14, 462A-11)
§16-96-8.6 Contested hearing administrative procedures. Upon completion
of the public hearing, the director or hearings officer shall convene a contested
hearing in accordance with chapter 91, HRS, and the subchapter on hearing relief
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in chapter 16-201, Hawaii Administrative Rules, which is incorporated herein by
reference and made a part of this subchapter. 	The contested case hearing shall
commence within ninety days of the completion of the public hearing if the
requirements of section 16-96-8 have been met. To the extent that this subchapter
may directly conflict with the subchapter on hearing relief in chapter 16-201,
Hawaii Administrative Rules, or provide additional requirements, the provisions
in this subchapter will prevail. 	[Eff and comp 12/2/89; comp 8/20/90] (Auth:
HRS §462A-3) (Imp: 	HRS §§91-9, 92-16, 26-9, 462A-11)
§16-96-8.8 Prepared written testimony. (a) To promote an orderly hearing
procedure in all contested proceedings for changes in any rate or charges, the
director or hearings officer may issue a prehearing order that will establish a
schedule during which the parties may file with the director in advance of the
hearing the prepared written testimony of any witness providing oral testimony at
the hearing. 	A copy of the written testimony shall be served upon all parties to
the proceeding.
(b) 	The prepared testimony and exhibits accompanying the prepared
testimony 	may 	be 	received 	in 	evidence 	without 	reading. 	Witnesses 	may
summarize their prepared testimony during the hearing. 	The parties to the
proceeding 	may 	during 	the 	hearing 	object 	on 	evidentiary 	grounds 	to 	the
admissibility of all or part of the prepared testimony or exhibits and move to
strike same.
(c) 	Any amendments to the prepared testimony shall be served upon
all parties and filed with the director or hearings officer in accordance with the
prehearing order or as the presiding officer directs. 	A party introducing totally
new matters by revisions or supplements shall attach a sworn affidavit explaining
why these matters were not submitted with the previous testimony. The presiding
officer may, if the explanation is unreasonable, reject the amended testimony. [Eff
and comp 12/2/89; comp 8/20/90] (Auth: 	HRS §462A-3) (Imp: 	HRS §§26-9,
91-9, 92-16, 462A-3, 462A-11)
§16-96-9 Investigation of rate changes. The department may conduct its
own investigation into such rate change requests by either using State auditors or
private certified public accountants, whose expenses shall be borne by the
department. 	[Eff 7/30/81; am and comp 12/2/89; comp 8/20/90] (Auth: 	HRS
§462A-3) (Imp: 	HRS §462A-3)
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§16-96-9.5 	Department ex officio party. 	The department is ex officio a
party to any proceeding before the director. 	[Eff and comp 12/2/89; comp
8/20/90] (Auth: 	HRS §462A-3) 	(Imp: 	HRS §§91-4, 462A-11)
SUBCHAPTER 4
QUARTERLY REPORTS
§16-96-13 	Filing of reports by pilot associations. 	All pilot associations
shall file with the director by the thirtieth day of January, April, July, and October
of each year a report of revenues and expenses in a form to be determined by the
director. 	[Eff 7/30/81; am and comp 12/2/89; comp 8/20/90] (Auth: 	HRS
§462A-3) (Imp: 	HRS §§462A-3, 462A-11)
§16-96-14 	Filing of reports by non-association member. 	A pilot who is
not an association member shall also file with the director on or before the
above-filing dates, a report of revenues and expenses in a form to be determined
by the director. [Eff 7/30/81; am and comp 12/2/89; comp 8/20/90] (Auth: HRS
§462A-3) (Imp: 	HRS §§462A-3, 462A-11)
§16-96-15 	Audit of records. 	The financial records of port pilots, deputy
port pilots, and the pilot associations relating to pilotage shall be subject to audit
at the discretion of the director. 	[Eff 7/30/81; am and comp 12/2/89; comp
8/20/90] (Auth: 	HRS §462A-3) (Imp: 	HRS §§462A-3, 462A-11)
SUBCHAPTER 5
§16-96-19 	Repealed. 	[R 12/2/89]
SUBCHAPTER 6
REQUIREMENTS FOR LICENSE
§16-96-23 	Adequate supply of pilots. 	In order to maintain an adequate
supply of pilots, the director may invite, as the need arises, qualified individuals
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to apply for licensure as deputy port pilots. [Eff 7/30/81; am and comp 12/2/89;
comp 8/20/90] (Auth: 	HRS §462A-3) (Imp: HRS §462A-3)
§16-96-24 	Limitations of deputy port pilot license. 	Except as otherwise
provided, a deputy port pilot license shall authorize the licensee to pilot vessels
under five hundred feet in length and less than thirty feet maximum draft at all
deep draft harbors in the State. 	[Eff 7/30/81; am and comp 12/2/89; comp
8/20/90] (Auth: 	HRS §462A-3) (Imp: 	HRS §462A-3)
§16-96-25 	Requirements for deputy port pilot license. 	(a) An applicant
for a deputy port pilot license shall file an application with the director at least
sixty days prior to a scheduled deputy port pilot examination. The applicant shall:
(1) 	Be eighteen years of age or older;
(2) 	Possess a current United States coast guard license as master of
steam and motor vessels of any gross tonnage upon oceans issued
by the United States coast guard;
(3) 	Possess a United States coast guard endorsement as a first-class
pilot for all deep draft harbors where pilot services are provided in
the State; and
(4) 	Possess the following experience:
(A) 	Four years of ocean or coastwise service as a licensed deck
officer, including at least one year as chief officer, on
vessels of one thousand or more gross tons; or
(B) 	Two years of ocean or coastwise service as a licensed deck
officer on vessels of one thousand gross tons or more, plus
one year of pilot service, docking registered or enrolled
vessels of at least five thousand gross tons; and
(C) 	The requirement to have served at least one year as chief
officer may be substituted on a month-for-month basis by
experience as a master of tugs, engaged in docking and
undocking vessels of five thousand gross tons or more; and
(D) 	A minimum of fifty round trips in and out of Honolulu
harbor to and from the various piers as an observer.
Twenty-five of these trips shall have been on vessels over
five thousand gross tons and at least ten shall have been
during hours of darkness.
(b) 	The applicant shall submit a certificate of physical examination,
dated no earlier than sixty days prior to the date of filing, and pass a written
examination approved by the director and administered by the department. 	[Eff
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7/30/81; am and comp 12/2/89; comp 8/20/90] (Auth: HRS §462A-3) (Imp: HRS
§462A-3)
§16-96-26 Requirements for port pilot license. (a) An applicant for a port
pilot license shall:
(1) 	Serve a minimum of eighteen months as a deputy port pilot
licensed by the State in the following manner:
(A) 	The first six months shall include piloting vessels under
five 	hundred 	feet 	in 	length 	and 	less 	than 	thirty 	feet
maximum draft at all deep draft harbors in the State;
(B) 	The next twelve months shall include piloting vessels
indicated in subparagraph (A) and in addition, vessels over
five hundred feet in length and over thirty feet draft at all
deep draft harbors in the State; provided that when piloting
a vessel over five hundred feet in length and over thirty feet
draft, a licensed Hawaii port pilot shall be present at all
times; and
(C) 	A deputy port pilot shall not pilot a tanker or passenger
vessel until the deputy port pilot has had twelve months of
pilotage experience as a deputy port pilot.
(2) 	Provide a summary of all pilotage work performed and copies of
all evaluation forms completed by licensed Hawaii port pilots who
accompanied 	the 	deputy 	port 	pilot 	pursuant 	to 	section
16-96-26(a)(1)(B) and by the captain of the piloted vessel regarding
the deputy port pilot’s performance. The evaluation form shall be
formulated and approved by the director. 	The evaluation forms
shall be considered in determining whether a deputy port pilot is
granted a port pilot license;
(3) 	Hold a current Hawaii deputy port pilot license;
(4) 	Possess a current United States coast guard license as master of
steam or motor vessel of any tonnage;
(5) 	Possess United States coast guard endorsements as a first-class
pilot for all deep draft harbors where pilotage services are provided
in the State; and
(6) 	Submit a certificate of physical examination pursuant to section
16-96-40; provided that the date of the physical examination shall
be within sixty days of the application filing date.
The director shall issue a decision granting or denying a port pilot license
application within sixty days after the receipt of a completed application. The sixty
day time limit may be extended, upon agreement by the applicant and the director.
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(b) 	The director may contract with a qualified entity to establish a port
pilot training program. 	[Eff 7/30/81; am and comp 12/2/89; am and comp
8/20/90] (Auth: 	HRS §462A-3) (Imp: 	HRS §462A-3)
§16-96-26.3 	Waiver of requirements for port pilot license. 	Upon
presentation of proof satisfactory to the director that a deputy port pilot applicant
for port pilot license has met the requirements of section 16-96-26(1)(A) and (B),
the director may waive all or part of the eighteen months service requirements of
section 16-96-26(1). 	[Eff and comp 12/2/89; comp 8/20/90] (Auth: 	HRS
§462A-3) (Imp: 	HRS §462A-3)
§16-96-26.5 	Waiver of requirements for deputy port pilot license. 	If the
director finds that there is a shortage of pilots that presents an imminent peril to
the public health and safety, the director may grant a limited and temporary
deputy port pilot license to an applicant that meets all requirements of section
16-96-25 except for first-class endorsements for certain deep draft harbors other
than Honolulu Harbor. 	A deputy port pilot licensed under this section shall
provide pilotage services in only those waters for which the deputy port pilot has
first-class endorsements. 	A limited and temporary license issued under this
section shall expire after one year and cannot be renewed. [Eff and comp 12/2/89;
comp 8/20/90] (Auth: 	HRS §462A-3) (Imp: 	HRS §462A-3)
§16-96-27 Renewal of license. A pilot who is in active service as a pilot
in the State shall be issued a renewed license upon submittal of a renewal
application, the renewal fee, and a current certificate of physical examination,
dated no earlier than sixty days before the renewal deadline. 	[Eff and comp
12/2/89; comp 8/20/90] (Auth: 	HRS §462A-3) (Imp: 	HRS §§462A-3, 462A-6,
462A-7)
§16-96-28 	Investigations, interviews, examinations, and audits. 	In
addition to requesting supporting documentation or clarifying information from the
applicant, the director or department may initiate or require any investigation,
interview, examination, or audit to be performed as deemed appropriate. 	Any
investigation, interview, examination, or audit regarding an application may
include a review of an applicant’s background including but not limited to an
applicant’s formal education and seagoing and ship-handling experience or
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performance. [Eff and comp 12/2/89; comp 8/20/90] (Auth: HRS §462A-3) (Imp:
HRS §462A-3)
§16-96-28.5 	Panel of knowledgeable individuals. 	The director shall
appoint a panel of knowledgeable individuals that can be used to assist in the
evaluation of the credentials and pilotage experience of any applicant for a deputy
port pilot or port pilot license. 	The director may also consult with the panel of
knowledgeable individuals on other matters relating to pilotage. 	[Eff and comp
12/2/89; comp 8/20/90] (Auth: 	HRS §462A-3) (Imp: 	HRS §462A-3)
§16-96-29 Decision and appeal. (a) After due consideration of all material
presented, including but not limited to the application, experience, background,
examination results, and personal interview of the applicant, the director shall
issue a decision granting or denying the pilot’s license application. In the case of
a denial, the decision shall include a statement of the reasons for the decision.
(b) 	Within sixty days of the date of the decision, the applicant may
petition the director for a hearing pursuant to chapter 91, HRS. 	[Eff and comp
12/2/89; comp 8/20/90] (Auth: HRS §462A-3) (Imp: HRS §§462A-3, 462A-20)
SUBCHAPTER 7
EXAMINATION
§16-96-30 	Written examination. 	An applicant for a deputy port pilot
license shall pass a written examination that has been approved by the director and
administered by the department or a testing agency designated by the director.
The examination shall be in the English language. 	[Eff 7/30/81; am and comp
12/2/89; comp 8/20/90] (Auth: 	HRS §462A-3) (Imp: HRS §462A-3)
§16-96-31 	Repealed. 	[R 12/2/89]
§16-96-32 	Repealed. 	[R 12/2/89]
SUBCHAPTER 8
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PILOT LICENSE SUSPENSION, REVOCATION, AND DENIAL
§16-96-36 	Disciplinary action. 	Upon receipt of information which
indicates that a licensee has violated any provision of this chapter or chapter
462A, HRS, including but not limited to section 462A-8, HRS, the director upon
petition by the department may initiate a hearing conducted pursuant to chapter
16-201, Hawaii Administrative Rules to determine whether the license shall be
suspended, revoked, or denied. 	[Eff 7/30/81; am and comp 12/2/89; comp
8/20/90] (Auth: 	HRS §462A-3) (Imp: 	HRS §§462A-3, 462A-8)
§16-96-37 	Suspension, revocation, and denial of license. 	In addition to
the provisions of section 462A-8, HRS, the director may deny the issuance of a
license to any applicant, and may suspend or revoke the license of a pilot for the
following reasons:
(1) 	Incompetence, including but not limited to, solo piloting a vessel
that is beyond the capability of the pilot; and
(2) 	Noncompliance with the statewide pilotage system established by
subchapter 12. 	[Eff and comp 12/2/89; am and comp 8/20/90]
(Auth: 	HRS §§462A-3, 462A-8) (Imp: 	HRS §§462A-3, 462A-8)
SUBCHAPTER 9
PHYSICAL EXAMINATIONS
§16-96-40 	Physical examination requirement. 	(a) Each applicant for an
original 	or 	renewed 	pilot’s 	license 	shall 	submit 	a 	certificate 	of 	physical
examination to the director. 	The certificate shall be in a form prescribed by the
director, shall be signed by a physician licensed to practice in the State, and shall
be forwarded directly to the director by the physician.
(b) 	If 	a 	pilot 	fails 	to 	submit 	a 	current 	certificate 	of 	physical
examination to the director prior to the renewal deadline but files the certificate
within one year following the renewal deadline, the director shall renew the
license without requiring the pilot to requalify as an original applicant for a
license. 	If the pilot submits a certificate of physical examination to the director
after one year following the renewal deadline, the director may restore the license
based upon evidence that the pilot remains fit to perform pilotage duties or may
require the pilot to reapply and fulfill the requirements of section 16-96-25 or
16-96-26 of this chapter. 	[Eff 7/30/81; am and comp 12/2/89; comp 8/20/90]
(Auth: 	HRS §462A-3) (Imp: 	HRS §462A-3)
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§16-96-41 Reporting requirements for physical or mental impairment. Any
licensed port pilot that has been physically or mentally impaired for a period of
sixty days or more shall report the impairment to the director as soon as
practicable after the sixty days have passed. The pilot shall file with the director
an examination report completed by a licensed Hawaii physician declaring that the
pilot is fit to resume active pilotage before beginning such pilotage activities. [Eff
7/30/81; am and comp 12/2/89; comp 8/20/90] (Auth: HRS §462A-3) (Imp: HRS
§462A-3)
§16-96-42 	Repealed. 	[R 12/2/89]
SUBCHAPTER 10
INCIDENTS AND ACCIDENTS
§16-96-46 Filing of report. If a vessel under the directive of a port pilot
is involved in any incident of significance, such as collision, oil spillage or harbor
pollution, the director shall be notified as soon as practicable. 	In addition, the
pilot shall file a written report to the director within seven working days if the
incident or collision involved injury, death, extensive damages, or running
aground. 	[Eff 7/30/81; am and comp 12/2/89; comp 8/20/90] (Auth: 	HRS
§462A-3) (Imp: 	HRS §462A-3)
§16-96-47 	State department of transportation and United States coast
guard rules. 	Pilots shall abide by all applicable rules of the harbors division of
the State department of transportation, and of the United States coast guard. Any
material violation of such rules shall be punishable as provided under section
462A-8, HRS. 	[Eff 7/30/81; am and comp 12/2/89; comp 8/20/90] (Auth: 	HRS
§462A-3) (Imp: 	HRS §§462A-3, 462A-8)
SUBCHAPTER 11
ADMINISTRATIVE PROCEDURE
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§16-96-51 	Administrative procedures. 	Except as otherwise provided by
chapter 462A, HRS, or by this chapter, the administrative practice and procedure
shall be as provided in chapter 16-201, Hawaii Administrative Rules, which are
incorporated by reference and made a part of this chapter. [Eff and comp 12/2/89;
comp 8/20/90] (Auth: 	HRS §§91-2, 462A-3) (Imp: 	HRS §§91-2, 462A-3)
§16-96-52 Requests for additional material or documentation. To facilitate
the review of an application or petition, the director or department may informally
request the applicant or petitioner to submit additional information or supporting
documentation to clarify or supplement the information already contained in the
application or petition. 	[Eff and comp 12/2/89; comp 8/20/90] (Auth: 	HRS
§462A-3) (Imp: 	HRS §462A-3)
SUBCHAPTER 12
STATEWIDE PILOTAGE SYSTEM
§16-96-61 	Statewide pilotage system. 	All pilots shall be required to
participate in assuring the maintenance of the pilotage services in all pilotage
waters of the State. 	Such participation shall require that each pilot:
(1) 	Remain in active service;
(2) 	Participate in the central scheduling system as set forth in section
16-96-62;
(3) 	Participate in the pilot training program as set forth in section
16-96-63; and
(4) 	Adhere to the work rules adopted pursuant to this chapter. 	[Eff
and comp 8/20/90] (Auth: 	HRS §462A-3) (Imp: 	HRS §462A-3)
§16-96-62 	Central scheduling system. 	(a) 	All pilots shall participate in
the central scheduling system that is established by the director. The director may
contract with any person or entity, including any existing pilotage system, to
establish and operate a central scheduling office for all pilotage services in the
State.
(b) 	Any person or entity that seeks to operate the central scheduling
system shall submit a proposal to the director that shall include, but is not limited
to, work rules that:
(1) 	Assure that all needed pilotage services will be available at all
times and for all designated pilotage waters;
16

(2) 	Address in a reasonable manner any request for a particular pilot
or group of pilots or the refusal to use any particular pilot;
(3) 	Assure an expeditious grievance process for the resolution of all
complaints including a pilot’s complaint that the central scheduling
system has been operated to the disadvantage of that pilot;
(4) 	Assure equitable distribution of pilotage work to all licensed pilots;
(5) 	Establish a method of financing for the proposed central scheduling
system;
(6) 	Establish a method for dealing with pilotage requests for exempt
vessels; and
(7) 	Establish a method for dealing with the availability of support
facilities at reasonable rates for pilots at the various harbors.
(c) 	All requests for pilotage services shall be made through the central
scheduling office and no pilot may engage in any pilotage service that is not
assigned through the central scheduling system; provided that this section shall not
apply to pilotage of vessels that are exempt from this chapter.
(d) 	All operating costs for the central scheduling office shall be borne
by all licensed pilots on an equal basis. 	[Eff and comp 8/20/90] (Auth: 	HRS
§462A-3) (Imp: 	HRS §462A-3)
§16-96-63 Training program. (a) All pilots shall participate in a program
to train deputy port pilots which shall be established by the director. The director
may contract with any person or entity to establish and operate such a training
program. There shall be only one training program in existence at any one time.
(b) 	All deputy port pilots shall receive their training under the program
established pursuant to this section provided that any deputy port pilot licensed
prior to the effective date of this section may complete training outside of this
program.
(c) 	All pilots shall accept training assignments made by the program
unless the pilot is physically or mentally impaired or unless the pilot is unable to
obtain the necessary support facilities at reasonable rates in the port involved.
(d) 	The costs of operating the training program shall be offset by a fee
to be assessed per vessel movement during any period when a deputy pilot is
being trained. The fee shall be assessed on all vessel movements whether or not
the particular vessel involved is carrying a deputy port pilot. 	[Eff and comp
8/20/90] (Auth: 	HRS §462A-3) (Imp: 	HRS §462A-3)
§16-96-64 	Work rules. 	All pilots shall adhere to the work rules of the
central scheduling system that is established by the director pursuant to section
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16-96-62 or adopted pursuant to subchapters 2 and 3 of this chapter. 	[Eff and
comp 8/20/90] (Auth: 	HRS §462A-3) (Imp: 	HRS §462A-3)
l
18

Amendments to chapter 16-96, Hawaii Administrative Rules, on Summary
page dated August 9, 1990, were adopted on August 9, 1990, following a public
hearing held on June 18, 1990, after public notices were given in the Honolulu
Advertiser, Hawaii Tribune-Herald, West Hawaii Today, Maui News, and the
Kauai Times on May 11, 1990.
They shall take effect ten days after filing with the Office of the Lieutenant
Governor.
/s/ Robert A. Alm
ROBERT A. ALM
Director of Commerce and Consumer Affairs
APPROVED AS TO FORM: 	Date 8-9-90
/s/ Glenn S. Grayson
Deputy Attorney General
APPROVED: 	Date: 	8-10-90
/s/ John Waihee
JOHN WAIHEE
Governor
State of Hawaii
August 10, 1990
Filed
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DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
Amendment and Compilation of Chapter 16-96
Hawaii Administrative Rules
August 9, 1990
SUMMARY
1. 	§16-96-2.1 is amended.
2. 	§16-96-7.3 is amended.
3. 	§16-96-8.4 is amended.
4. 	§16-96-26 is amended.
5. 	§16-96-37 is amended.
6. 	A new subchapter 12 (§§16-96-61 to 16-96-64) is added.
7. 	Chapter 16-96 is compiled.