Basic Conditions of Employment Act, 1997
R 385
National Ports Act, 2005 (Act No. 12 of 2005)Chapter 9 : Safety Aspects75. Pilotage |
| (1) | Subject to subsection (2), a pilot must navigate every vessel entering, leaving or moving in a port. |
| (2) | Pilotage is not compulsory in respect of any vessel or class of vessels that have been exempted from pilotage by the Authority in writing. |
| (3) | The pilot’s function is to navigate a vessel in the port, to direct its movements and to determine and control the movements of the tugs assisting the vessel under pilotage. |
| (4) | The pilot must determine the number of tugs required for pilotage with the concurrence of the master of the vessel. |
| (5) | In the event of a disagreement between the pilot and the master of the vessel regarding the number of tugs to be used as contemplated in subsection (4), the Harbour Master takes the final decision. |
| (6) | The master of the vessel must at all times remain in command of the vessel and neither the master nor any person under the master’s command may, while the vessel is under pilotage, in any way interfere with the navigation or movement of the vessel or prevent the pilot from carrying out his or her duties, except in an emergency, where the master may intervene to preserve the safety of the vessel, cargo or crew and take whatever action he or she considers reasonably necessary to avert the danger. |
| (7) | Where the master of the vessel intervenes as contemplated in subsection (6), he or she must immediately inform the pilot of the vessel and, after having restored the situation, must permit the pilot to proceed with the execution of his or her duties. |
| (8) | The master of the vessel must ensure that the officers and crew are at their posts, that a proper lookout is kept and that the pilot is given all assistance necessary in the execution of his or her duties. |
