Suspension or Revocation of Pilot Licenses

California’s Harbors and Navigation Code, in Division 5, Chapter 4, Article 2, deals with the suspension or revocation of licenses for pilots for Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun.

Section 1180 provides that, if in the opinion of the board there is reasonable cause to believe that the public interest requires that a pilot be summarily suspended pending hearing on charges of misconduct or if the board has information that leads it to believe that a pilot has become unable to comply with the standards of health or physical condition requisite to a pilot’s duties, the board may, without hearing, temporarily suspend the license of the pilot for not exceeding 40 days pending hearing and decision on the charges.

Section 1180.3 requires the board to establish an incident review committee, which is composed of one public member of the board and the executive director. The board delegates to the incident review committee the responsibility to review all reports of misconduct or navigational incidents involving pilots or other matters for which a license issued by the board may be revoked or suspended.

The board has to specify, by regulation, the information to be contained in the report, which must include at least 11 specified items of information. Unless an accusation for suspension or revocation of the pilot’s license is served on the pilot, the incident review committee must present the completed investigation report to the board at the first monthly meeting of the board after the completion of the report.

Section 1180.6 states that the board, after full consideration of the evidence, report, and recommendations presented by the incident review committee relating to an incident, misconduct, or other matter is required to take one or more of the seven specified actions. Action has to be taken by a majority vote of the board.

Section 1181 allows the license of a pilot to be revoked or suspended before its expiration only for reasons of misconduct, which must include at least ten specified items.

Section 1182 states that, if after a hearing the board finds that the pilot is guilty of misconduct sufficient for deprivation of the license, the board must revoke or suspend the license of the pilot. The order must be entered in the minutes and placed in the record of the pilot maintained.

Section 1183 provides that, upon notification of nonrenewal of the license, a pilot is entitled to a trial and hearing in the same manner that other charges and accusations against pilots are tried. In every case of nonrenewal, suspension, or revocation of the license of a pilot for cause, the final decision of the board is subject to judicial review in accordance with law.

Section 1184 requires the board to formally review the executive director with respect to the performance of his or her duties pursuant to this article at least once each year.