Licensing of Pilots

Division 5, Chapter 4 of the California Harbors and Navigation Code deals with the licensing of pilots for Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun. Article 1 deals with the issuance of licenses. Section 1170 requires the board to appoint and license the number of pilots which is sufficient to carry out the purposes of this division.

Section 1170.1 requires the board, when determining the number of pilots needed, to take into consideration the findings and declarations in the law, as well as the industry’s current economic trends, fluctuations in the number of vessel calls, the size of vessels, whether the need for pilotage is increasing or decreasing, and the 1986 manpower study adopted by the board.

Section 1170.2 states that, before changing the number of pilots which may be licensed pursuant to this division, the board has to conduct a hearing.

Section 1170.3 requires the board to adopt, by regulation, a pilot’s conflict-of-interest code, which must include specified provisions. The conflict-of-interest code cannot prohibit the ownership of stock in any corporation registered on a national securities exchange which may own tugboats in operation on Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun.

Section 1171 specifies that the board has the sole authority to determine the qualifications for obtaining a license as a pilot pursuant to this division, determine who shall have the license, and issue the license.

Section 1171.5 requires the board to adopt, by regulation, licensing standards that equal or exceed standards for obtaining federal endorsements and that conform with and support the state policy specified in law. Also, the board has to adopt reasonable rules and regulations that require pilots to be qualified to perform all pilot duties, as well as training standards and a training program for pilot trainees, and continuing education standards and a continuing education program for pilots. The training program term is specified.

In addition, the board has to adopt, by regulation, the qualifications, standards, and rating criteria for admission of pilot trainees to the training program. The board also has to establish a pilot evaluation committee consisting of five active pilots who each have at least 10 years’ experience as a pilot on the Bays of San Francisco, San Pablo, and Suisun. The board shall select the members of the pilot evaluation committee.

The pilot evaluation committee conducts and supervises the pilot trainee training program pursuant to the direction and regulation of the board and consistent with the intent of this division. The board issues a certificate of completion to each pilot trainee who satisfactorily completes the training program. The training program for pilot trainees and the continuing education program for pilots is funded from revenues collected for these purposes as determined by the board.

Section 1171.6 requires there to be an examination fee to be charged in an amount established by the board to each applicant to the pilot trainee training program who participates in any written or simulator examinations established by the board for the purposes of determining admission to the pilot trainee training program.

Section 1172 requires pilots licensed by the board to be carefully examined as to their qualifications. A license as a pilot is granted for a term of 12 months.

Section 1173 requires an application for a pilot’s license to be in writing to the board, stating such information as the board by rule and regulation may require.

Section 1174 requires a pilot’s license to be issued in the name of the State of California and contain a designation of the waters for which it is intended. The license is signed by the president of the board.

Section 1175 prohibits a person from being licensed as a pilot unless all of the four specified requirements are met.

Section 1176 requires the board to appoint physicians who are qualified to determine the suitability of a person to perform his or her duties as a pilot or a pilot trainee. Applicants must undergo a physical examination by a board-appointed physician in accordance with standards prescribed by the board.

Section 1176.5 requires a trainee or an applicant for a trainee position to disclose to the board-appointed physician conducting the physical examination all of the specified information.

Section 1177 requires all pilots licensed to have and maintain proper federal endorsements allowing them to pilot on the high seas and on all waters of the Bays of San Francisco, San Pablo, and Suisun, excluding the San Joaquin River and the Sacramento deep water ship channel.

Section 1177.5 requires the board’s proceedings with regard to the refusal to issue or renew a pilot license to be conducted in accordance with existing law. The board may deny an application for a license without a hearing in specified circumstances.

Section 1178 prohibits persons applying for an original license to receive a license unless they have proper federal endorsements allowing them to pilot on the high seas and all the waters of those bays.

Section 1178.5 requires the board to participate in a pull-notice system with respect to all pilot trainees and all licensees. The purpose of board participation in a pull-notice system pursuant to this section is to provide the board with a report showing each pilot’s current public record as recorded by the Department of Motor Vehicles, and any subsequent convictions, failures to appear, accidents, driver’s license suspensions, driver’s license revocations, or any other actions taken against the driving privilege or certificate, added to the driver’s record while the notification request remains valid and uncanceled.

The board is also required to obtain a periodic report from the Department of Motor Vehicles at least every 12 months.