(a) Except vessels of less than 100 gross tons, every foreign vessel and every vessel
engaged in foreign commerce or trade entering, departing or underway upon the Delaware
Bay or River, the navigable tributaries thereof, including the C & D Canal, or upon
such other waters designated pilotage waters by the Board, shall be obliged to receive
and employ a pilot licensed under this chapter or by the Commonwealth of Pennsylvania.
(b) As used in this section, “vessel engaged in foreign trade” shall be defined as
any vessel carrying any cargo loaded in a foreign port, or destined for a foreign
port, as well as any vessel in ballast, having discharged its cargo of foreign origin,
unless such vessel has specific orders to a port in the United States at which it
is to load cargo. Orders to a vessel to proceed to Delaware Bay, to sea or any other place for orders
or instructions shall not be deemed such specific orders.
(c) If the master of any vessel refuses or neglects to take a pilot, the master, owner,
charterer, operator, manager, consignee or agent of such vessel shall:
(1) Forfeit and pay to any such pilot suing for the same a sum equal to the pilotage
of such vessel plus attorney fees and costs to be recovered by a suit in the courts
of this State or before a Justice of the Peace, or such pilot may pursue a remedy
therefore by a suit in admiralty in any United States court either in personam or
by proceeding in rem, to enforce the lien given the person on such ship or vessel,
as such pilot may see fit and proper to do; and
(2) Be liable to pay a civil penalty of up to $25,000, payable to the State, which
penalty shall be enforceable via an action to be brought by the Attorney General in
the courts of this State.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.