PRINTER'S NO. 598
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
606
Session of
2015
INTRODUCED BY McGARRIGLE, PILEGGI AND RAFFERTY, MARCH 6, 2015
REFERRED TO JUDICIARY, MARCH 6, 2015
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in particular rights and
immunities, providing for limited liability for pilots and
apprentices.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 8340.3. Licensed pilot liability.
(a) Purpose.--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) Limited liability.--A licensed pilot or apprentice
providing pilot services shall not be liable for more than
$5,000 for damage or loss caused by the licensed pilot's or
apprentice's error, omission, fault or neglect in the
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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) Vessel owners and operators.--This section does not
exempt a vessel or its owner or operator from liability for
damage or loss caused by the vessel 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) Dismissal of proceedings.--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 $5,000.
(e) Other limitations of liability.--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
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(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) Defense.--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) Applicability.--This section shall apply to all causes
of action that occur on or after July 1, 2015.
(h) Definitions.--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 Ch. 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 July 1, 2015.
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