46 U.S.C. § 8501 — State regulation of pilots
submitted 43 years ago by Pub. L. 98-89 to r/title-46-SHIPPING · 201 words · no verdicts yet
States, not the federal government, generally control pilots who guide ships through their bays, rivers, harbors, and ports. A ship's captain can hire a pilot licensed by either state if the port sits on a border between two states. States cannot charge unfair pilotage rates or force certain federally inspected vessels to use a state-licensed pilot.
(a) Except where this subtitle says otherwise, pilots working in the bays, rivers, harbors, and ports of the United States are regulated only under state* law.
(b) If a vessel* enters or leaves a port on waters that form the boundary between two states, and the vessel needs a pilot under this section, its master may hire a pilot licensed or authorized by either of those two states.
(c) A state may not pass a rule that charges different pilotage rates for vessels sailing between ports of the same state versus vessels sailing between ports of different states, or that discriminates based on how a vessel is powered, or that discriminates against public vessels of the United States.
(d) A state may not pass a rule requiring a coastwise vessel to take a state-licensed pilot if the vessel (1) is powered by machinery and subject to inspection under Part B of this subtitle; or (2) is subject to inspection under chapter 37 of this title.
(e) Any state rule that violates this section is void.
Except as otherwise provided in this subtitle, pilots in the bays, rivers, harbors, and ports of the United States shall be regulated only in conformity with the laws of the States.
The master of a vessel* entering or leaving a port on waters that are a boundary between 2 States, and that is required to have a pilot under this section, may employ a pilot licensed or authorized by the laws of either of the 2 States.
A State* may not adopt a regulation or provision that discriminates in the rate of pilotage or half-pilotage between vessels sailing between the ports of one State and vessels sailing between the ports of different States, or against vessels because of their means of propulsion, or against public vessels of the United States.
A State may not adopt a regulation or provision that requires a coastwise vessel to take a pilot licensed or authorized by the laws of a State if the vessel—
is propelled by machinery and subject to inspection under part B of this subtitle; or
is subject to inspection under chapter 37 of this title.
Any regulation or provision violating this section is void.
Source credit: (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 553; Pub. L. 98–557, § 29(e), Oct. 30, 1984, 98 Stat. 2874.)
- 1983Enacted · Pub. L. 98-89 · 97 Stat. 553
- 1984Amended · Pub. L. 98-557 · 98 Stat. 2874
A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-89 on 1983-08-26.
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