S0606B0598A05867 KMK:CMD 02/08/16 #90 A05867
AMENDMENTS TO SENATE BILL NO. 606
Sponsor: SENATOR McGARRIGLE
Printer's No. 598
Amend Bill, page 1, lines 1 through 4, by striking out all of
said lines and inserting
Amending the act of March 29, 1803 (P.L.542, No.156), entitled
"An act to establish a Board of Wardens for the port of
Philadelphia, and for the regulation of pilots and pilotages,
and for other purposes therein mentioned," providing for
licensed pilot and apprentice liability.
Amend Bill, page 1, lines 7 through 19; page 2, lines 1
through 30; page 3, lines 1 through 22; by striking out all of
said lines on said pages and inserting
Section 1. The act of March 29, 1803 (P.L.542, No.156),
entitled "An act to establish a Board of Wardens for the port of
Philadelphia, and for the regulation of pilots and pilotages,
and for other purposes therein mentioned," is amended by adding
a section to read:
Section 31.2. (a) The purpose of this section is to
stimulate and preserve maritime commerce on the pilotage grounds
of this Commonwealth by limiting and regulating the liability of
certain pilots, which commerce is essential to the economic
viability of this Commonwealth's maritime commerce and serves
the public interests.
(b) A licensed pilot or apprentice providing pilot services
shall not be liable for more than five thousand dollars for
damage or loss caused by the licensed pilot's or apprentice's
error, omission, fault or neglect in the performance of the
pilot services, except for the following:
(1) damage or loss that arises because of the willful
misconduct or reckless disregard for safety by the licensed
pilot or apprentice; or
(2) an act or omission relating to the ownership and
operation of a pilot boat unless the pilot boat is directly
involved in pilot services other than the transportation of
licensed pilots.
(c) This section does not exempt a vessel or its owner or
operator from liability for damage or loss caused by the vessel
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to a person or property on the grounds that:
(1) the vessel was piloted by a licensed pilot or
apprentice; or
(2) the damage or loss was caused by the error, omission,
fault or neglect of a licensed pilot or apprentice.
(d) In a proceeding brought against a licensed pilot or
apprentice for an act or omission for which liability is limited
as provided by this section and in which other claims are made
or anticipated with respect to the same act or omission, the
court shall dismiss the proceedings as to the licensed pilot or
apprentice to the extent the pleadings allege liability of the
pilot that exceeds five thousand dollars.
(e) Liability under this section shall also be limited as
follows:
(1) A pilot or apprentice shall not be liable directly or as
a member of an organization of pilots for any claim that:
(i) arises from an act or omission of another pilot,
apprentice or organization of pilots; and
(ii) relates directly or indirectly to pilot services.
(2) An organization of pilots shall not be liable for any
damages caused by a licensed pilot's or apprentice's error,
omission, fault or neglect in the performance of pilotage.
(f) For the sole purpose of occasions when this section is
applicable as a defense to liability by a licensed pilot or
apprentice, the licensed pilot or apprentice asserting the
defense shall be considered to have been acting as the servant
of the vessel, its owner and its operator.
(g) This section shall apply to all causes of action that
occur on or after the effective date of this section.
(h) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Apprentice." A person appointed as an apprentice pilot
under 4 Pa. Code ยง 405.9 (relating to apprentices).
"Pilot." A person licensed under 4 Pa. Code Ch. 405
(relating to pilots and pilotage) by the Navigation Commission
for the Delaware River and its Navigable Tributaries.
Section 2. This act shall take effect immediately.
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