1 The Role of the Pilot October, 2009 Copyright © 2009 by Paul G. Kirchner

Role of Pilot/Master-Pilot Relationship Current Interest –COSCO BUSAN and ZIM MEXICO incidents Misunderstanding and confusion –Misinformation and off-the-wall commentary in maritime press –Pilot as “Advisor to Master” cliche Critical Issue –Underlies effective navigation practices in pilotage waters –Fundamental component of good BRM: MPX, Error Trapping, Communications, Teamwork, Shared Mental Model, etc. –Legal Considerations and Consequences Copyright © 2009 by Paul G. Kirchner2

3 APA Guidance Statement: “The Respective Roles and Responsibilities of the Pilot and the Master” –Developed in connection with, and as a result of, APA MPX Best Practices Program –Formally adopted by Board of Trustees on October 8, 1997 –Two objectives: reflect real-world of what happens on the bridge of a ship and accurately describe US pilotage law on the subject –Not policy statement or proposed new approach; describes existing situation in U.S. –Avoids “Pilot as Advisor” Copyright © 2009 by Paul G. Kirchner APA Guidance

Navigation of a ship in the US pilotage waters is a shared responsibility between the pilot and the master/bridge crew. The compulsory state pilot directs the navigation of the ship, subject to the master’s overall command of the ship and the ultimate responsibility for safety. The master has the right, and in fact the duty, to intervene or displace the pilot in circumstances where the pilot is manifestly incompetent or incapacitated or the ship is in immediate danger (“in extremis”) due to the pilot’s actions. With that limited exception, international law requires the master and/or the officer in charge of the navigational watch to “cooperate closely with the pilot and maintain an accurate check on the ship’s position and movement.”

APA Guidance State-licensed pilots are expected to act in the public interest and to maintain a professional judgement that is independent of any desires that do not comport with the needs of maritime safety. In addition, licensing and regulatory authorities, state and federal, require compulsory pilots to take all reasonable actions to prevent ships under their navigational direction from engaging in unsafe operations. Because of these duties, a compulsory pilot is not a member of the bridge “team.” Nevertheless, a pilot is expected to develop and maintain a cooperative, mutually-supportive working relationship with the master and bridge crew in recognition of the respective responsibilities of each for safe navigation.

6 “The popular misconception that a pilot is a mere advisor to the master is without substantial foundation either historically or legally.” - Re: M/V Skava, 2001 AMC 2071, 2076 (Commandant Decision, May 14, 2001) “The Pilot is in full charge of the navigation of the ship, yet the Master retains his overall responsibility.” - Report of the USCG Pilotage Study Group, September 15, 1989 Coast Guard Position Copyright © 2009 by Paul G. Kirchner

7 STCW, Section A-VIII/2, Part 3-1 (“Navigation with a pilot on board”). Focuses on master’s responsibility for navigation despite pilot’s presence. SOLAS Chapter V, Regulation 15. Distinguishes between pilot and bridge team. Copyright © 2009 by Paul G. Kirchner International Guidance

STCW, Section A-VIII/2, Part 3-1 Despite the duties and obligations of pilots, their presence on board does not relieve the master or officer in charge of the navigational watch from their duties and obligations for the safety of the ship. The master and the pilot shall exchange information regarding navigational procedures, local conditions and the ship’s characteristics. The master and/or the officer in charge of the navigational watch shall cooperate closely with the pilot and maintain an accurate check on the ship’s position and movement. If in any doubt as to the pilot’s actions or intentions, the officer in charge of the navigational watch shall seek clarification from the pilot and, if doubt still exists, shall notify the master immediately and take whatever action is necessary before the master arrives.

9 States expect pilots to prevent accidents: role of the pilot is to protect state and the public interest from dangers posed by ship Pilots should oppose unsafe decisions of masters and bridge crew Opinion and Order, Grounding of M/T FASE on April 15, 2005 (New York Board of Pilot Commissioners, March 31, 2007): pilot’s license suspended for failure to “assertively” object to master’s “ill-advised” navigation order. Copyright © 2009 by Paul G. Kirchner What States Expect From Their Pilots

10 Questions or Comments? Conclusion Copyright © 2009 by Paul G. Kirchner