Subchapter IV. Pilotage Rates
TITLE 23
Navigation and Waters
CHAPTER 1. PILOTS
Subchapter IV. Pilotage Rates
§ 130. Definitions.
As used in this chapter:
(1) "Deep draft vessel" shall mean any vessel which by virtue of its draft is limited in its ability to navigate such that its navigation will be of extraordinary duration or will occasion its pilot extraordinary care or trouble.
(2) "Piloting" is defined as the work of directing a ship or vessel's movement on the waters of the Bay and River Delaware, all navigable tributaries thereof, the C & D Canal, and such other waters as may, from time to time be designated as pilotage waters by the Board.
(3) "Underway" is the condition of any vessel which is not at anchor, aground or attached by 1 or more lines ashore.
(4) "Vessel" is defined as any ship, however powered, barge, or tug and barge or other craft used or capable of being used in navigation for the transportation of cargo or passengers.
69 Del. Laws, c. 20, § 19.;
§ 131. Pilotage rates.
(a) For services rendered on and after January 1, 1990, the rates of pilotage for conducting a vessel from the Capes of the Delaware to a point on the Delaware River no further upriver than the Delair Railroad Bridge between Philadelphia, Pennsylvania and Delair, New Jersey, or from a point on the Delaware River no further upriver than the Delair Railroad Bridge between Philadelphia, Pennsylvania and Delair, New Jersey, to the Capes of the Delaware shall be, in either case, the charge resulting from the following computation:
(1)a. A charge, to be known as a unit charge, will be made for each pilotage, determined by length overall (in feet) multiplied by the extreme breadth (in feet) of the vessel, divided by 100.
b. For the purposes of this section, the following definitions shall be applied:
1. "Length overall" shall be the distance between the forward and after extremities of the vessel.
2. "Extreme breadth" shall be the maximum breadth between the outside of the shell platings of the vessel.
3. All measurements shall be in feet and in inches (United States). Inches shall be converted as follows:
1"=.1 4"=.3 7"=.6 10"=.8
2"=.2 5"=.4 8"=.7 11"=.9
3"=.3 6"=.5 9"=.8
(2) The charges per unit shall be as follows:
Effective January 1, 2010 $12.36 per unit
Effective January 1, 2011 $12.36 per unit
Effective January 1, 2012 $12.61 per unit
Effective January 1, 2013 $12.86 per unit
(3) There shall be a minimum charge of 200 units and a maximum unit charge as follows:
Effective January 1, 2010 1400 units
Effective January 1, 2011 1400 units
Effective January 1, 2012 1400 units
Effective January 1, 2013 1400 units
(b) Every such vessel bound to the breakwater for orders shall pay pilotage fees as follows: A sum equal to one half of the inward rates of pilotage to the port of Philadelphia, and the same fees when outwardbound from the breakwater; provided, however, if the pilot bringing such ship or vessel to the breakwater be there discharged, and the ship or vessel afterward proceed to Philadelphia or any other port or place on the Delaware Bay or River, it shall make the usual signal for a pilot, and continue to make such signal till reaching Brandywine Light, and if spoken by, or offered the services of, a duly licensed Delaware pilot before reaching Brandywine Light, shall be obliged to employ such pilot and pay such pilot for services rendered as follows: On and after January 1, 1990, the rates of pilotage for conducting a vessel from the Capes of the Delaware to a point on the Delaware River no further upriver than the Delair Railroad Bridge between Philadelphia, Pennsylvania and Delair, New Jersey, or from a point on the Delaware River no further upriver than the Delair Railroad Bridge between Philadelphia, Pennsylvania and Delair, New Jersey, to the Capes of the Delaware shall be, in either case, the charge resulting from the following computation:
(1)a. A charge, to be known as a unit charge, will be made for each pilotage, determined by length overall (in feet) multiplied by the extreme breadth (in feet) of the vessel, divided by 100.
b. For the purposes of this section, the following definitions shall be applied:
1. "Length overall" shall be the distance between the forward and after extremities of the vessel.
2. "Extreme breadth" shall be the maximum breadth between the outside of the shell platings of the vessel.
3. All measurements shall be in feet and in inches (United States). Inches shall be converted as follows:
1"=.1 4"=.3 7"=.6 10"=.8
2"=.2 5"=.4 8"=.7 11"=.9
3"=.3 6"=.5 9"=.8
(2) The charges per unit shall be as follows:
Effective January 1, 2010 $12.36 per unit
Effective January 1, 2011 $12.36 per unit
Effective January 1, 2012 $12.61 per unit
Effective January 1, 2013 $12.86 per unit
(3) There shall be a minimum charge of 200 units and a maximum unit charge as follows:
Effective January 1, 2010 1400 units
Effective January 1, 2011 1400 units
Effective January 1, 2012 1400 units
Effective January 1, 2013 1400 units
(c) The Board shall establish and enforce charges for additional services, including, but not limited to, provisions for transporting charges and a credit policy, including carrying charges and attorney's fees.
16 Del. Laws, c. 449, § 18; 18 Del. Laws, c. 619, § 4; 21 Del. Laws, c. 271, § 2; Code 1915, § 971; 28 Del. Laws, c. 65; Code 1935, § 1083; 46 Del. Laws, c. 22, § 1; 23 Del. C. 1953, § 131; 50 Del. Laws, c. 89, § 1; 52 Del. Laws, c. 43; 53 Del. Laws, c. 312; 54 Del. Laws, c. 176; 56 Del. Laws, c. 27; 57 Del. Laws, c. 158, § 5; 58 Del. Laws, c. 53, § 2; 59 Del. Laws, c. 385, § 1; 60 Del. Laws, c. 614, § 1; 61 Del. Laws, c. 275, § 1; 63 Del. Laws, c. 11, §§ 1-6; 64 Del. Laws, c. 232, §§ 1-6; 66 Del. Laws, c. 9, §§ 1-4; 67 Del. Laws, c. 198, §§ 1-6; 69 Del. Laws, c. 20, §§ 20-22; 70 Del. Laws, c. 11, §§ 1, 2; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 233, §§ 1, 2; 73 Del. Laws, c. 13, § 2; 74 Del. Laws, c. 211, §§ 1-4; 76 Del. Laws, c. 5, §§ 1, 2, 3, 4; 77 Del. Laws, c. 254, §§ 1-4.;
§ 132. Compensation of pilot carried to sea.
If it happens that any pilot having a boat attending the pilot is carried to sea in any ship or vessel, contrary to the pilot's inclinations, by stress of weather or other unavoidable accident, the master, owner or consignee of such ship or vessel shall pay to such pilot, the pilot's executors or administrators the same wages as the master of the vessel receives until the return of the pilot to the Capes.
16 Del. Laws, c. 449, § 8; Code 1915, § 961; Code 1935, § 1073; 23 Del. C. 1953, § 132; 64 Del. Laws, c. 360, § 7; 70 Del. Laws, c. 186, § 1.;
§ 133. Compensation of pilot carried to other port.
When any inward bound ship or vessel having a pilot on board is prevented by the ice or by any other cause from proceeding to any port on the Bay or River Delaware, and is compelled to proceed to some other port or place not in the Bay or River Delaware, the pilot shall be entitled to receive and recover from the owner or consignee of such ship or vessel full pilotage, as if the pilot had conducted such ship or vessel to such ports, and shall also receive first-class transportation to the pilot's usual place of abode.
16 Del. Laws, c. 449, § 9; Code 1915, § 962; Code 1935, § 1074; 23 Del. C. 1953, § 133; 64 Del. Laws, c. 360, § 8; 70 Del. Laws, c. 186, § 1.;
§ 134. Compensation for extraordinary piloting services.
Any vessel which has suffered any casualty limiting the capabilities of its steering, propulsion or navigational equipment or which is otherwise limited by its speed, draft or other factor in its ability to navigate such that its navigation will be of extraordinary duration or will occasion its pilot extraordinary care or trouble shall be obliged to receive 2 licensed pilots and to pay to each the full amount of pilotage required by this chapter; in the event that such services are provided by a single pilot, the pilot may charge up to double the pilotage amount calculated in accordance with the rates of this chapter.
16 Del. Laws, c. 449, § 11; Code 1915, § 964; Code 1935, § 1076; 23 Del. C. 1953, § 134; 64 Del. Laws, c. 360, § 9; 69 Del. Laws, c. 20, § 23; 70 Del. Laws, c. 186, § 1.;
§ 135. Ships detained to discharge pilot; compensation.
When any ship or vessel having a pilot on board is detained by order of the master, owner or consignee of such vessel by quarantine or by ice and conducted by such pilot to a place of safety, the master of any such ship or vessel may discharge the pilot, and in such case the pilot shall be entitled to receive and recover full pilotage, and the compensation for such detention shall be $100 per day for every day the pilot is detained.
16 Del. Laws, c. 449, § 12; 18 Del. Laws, c. 619, § 3; Code 1915, § 965; Code 1935, § 1077; 46 Del. Laws, c. 113, § 2; 23 Del. C. 1953, § 135; 69 Del. Laws, c. 20, § 24; 70 Del. Laws, c. 186, § 1.;
§ 136. Compensation for detention.
Any pilot retained as pilot on a vessel inward bound to the Delaware Breakwater shall be allowed detention money at the rate of $100 for every 24 hours or any portion thereof that the pilot may have been retained, after the expiration of 24 hours from the time the anchor has been let go, off the Breakwater. If a vessel is eventually ordered to Philadelphia or other port on the Delaware Bay or River and the same pilot has been retained, the local charge for inward pilotage shall be 1 full inward pilotage and detention money as provided in this section. If the pilot is discharged at the Breakwater, and the same or another pilot afterward employed to pilot the vessel to Philadelphia or other port on the Delaware Bay or River, the total inward pilotage shall amount to 11/2 inward pilotage and detention money as provided in this section.
16 Del. Laws, c. 449, § 5; 18 Del. Laws, c. 619, § 2; Code 1915, § 957; Code 1935, § 1069; 46 Del. Laws, c. 113, § 1; 23 Del. C. 1953, § 136; 69 Del. Laws, c. 20, § 25; 70 Del. Laws, c. 186, § 1.;
§ 137. Legal fee limits; penalty.
No licensed pilot shall demand, ask or receive, for any pilotage of any vessel or for any other services for which compensation is fixed by law, a greater sum than is authorized by this chapter. The Board of Pilot Commissioners, whenever it has been satisfactorily proven to it that any licensed pilot has demanded, asked or received for the pilotage of any vessel or services on board any vessel a greater sum than is authorized by this chapter, shall deprive such pilot of a license for the term of 1 year from the time when proof thereof has been made to it.
16 Del. Laws, c. 449, § 14; Code 1915, § 967; Code 1935, § 1079; 23 Del. C. 1953, § 137; 70 Del. Laws, c. 186, § 1.;
§ 138. Pilotage for outbound deep draft vessels.
Outbound deep draft vessels shall be assigned 2 pilots for the outbound passage, and the vessel's pilotage rate for such passage shall be doubled to account for the use of the 2 pilots.
69 Del. Laws, c. 20, § 26.;