89-A - Pilotage on the Hudson river; rates.
§ 89-a. Pilotage on the Hudson river; rates. 1. Every foreign vessel and every American vessel under register, except vessels proceeding otherwise than by sea and of less than three hundred gross registered tons and having a fully loaded draft of seven feet or less, entering or departing from the Hudson river north of a line running from the foot of Main street, Yonkers, west to Alpine, New Jersey, or navigating any of the waters of the Hudson river north of said line and south of the dam at Troy, New York, shall take a Hudson river pilot licensed under the authority of this article. Whenever the services of such a pilot are refused, the master, owners or consignees shall pay pilotage as if one had been employed. Such pilotage shall be paid to the pilot first speaking or offering his services as pilot to such vessel. The pilotage authorized to be collected whenever a pilot shall be refused by a vessel shall be sued for and recovered in the name of the pilot tendering such service. Such pilotage, when recovered, shall belong to and may be retained by such pilot for his own benefit and use. 2. It shall be unlawful for any person not licensed as a Hudson river pilot under this article to pilot or offer to pilot any foreign vessel or vessel from a foreign port or any vessel under register on that portion of the Hudson river specified in the preceding subdivision. 3. Violation of subdivision two of this section shall be a misdemeanor punishable by a fine not exceeding one hundred dollars or by imprisonment not exceeding sixty days. Any person employing such an unlicensed person to act as pilot shall forfeit and pay the sum of one hundred dollars to the board of commissioners of pilots. 4. (a) Every foreign vessel and every American vessel under register navigating the waters of that portion of the Hudson river specified in this section shall be subject to pilotage fees, at the rates hereinafter specified in this subdivision: (b) From or into the port of New York: Yonkers Line The following scale of charges shall be applicable: (1) All vessels of 100 pilotage units and over shall pay $12.17 per pilotage unit for Section 1, Lower River; Yonkers, to all ports through Hyde Park. The following charges shall be applicable to Section 1, Lower River: Up to 50 pilotage units ........................................ $852.97 More than 50 and up to 100 pilotage units ..................... $1217.00 All vessels of 100 pilotage units and over shall pay ............ $17.19 per pilotage unit for Section 2, Upper River; Yonkers, to all ports beyond Hyde Park through Albany or Troy. The following charges shall be applicable to Section 2, Upper River: Up to 50 pilotage units ....................................... $1406.05 More than 50 and up to 100 pilotage units ..................... $1719.00 A maximum charge of up to 500 pilotage units shall be applicable. (1-a) All vessels shall pay an additional launch fee and communication fee. The launch fee shall be set by the board of commissioners of pilots to recoup the cost of operating a pilot launch and pilot station at Yonkers. The communication fee shall be set by the board of commissioners of pilots to recoup the cost of portable electronic communication and navigation equipment carried aboard the vessel by the pilot. All vessels transiting Section 2, Upper River; Yonkers, to beyond Hyde Park through Albany or Troy shall pay a mid-river launch fee. The mid-river launch fee shall be set by the board of commissioners ofpilots to recoup the cost of operating a pilot launch and pilot station at Norrie Point. The launch fee, communication fee, and mid-river launch fee shall be reviewed annually by the board of commissioners of pilots on or about the anniversary date upon which this section shall have become a law. In the event a vessel transiting the Hudson River requires a continuous pilotage of more than eight hours, two pilots shall be assigned at the beginning of such transit, and the fee shall be the regular pilotage fee plus fifty percent for the second pilot. The fee for the second pilot shall not apply when the first pilot is discharged at the mid-river pilot station and relieved at such station by a second pilot. A second pilot shall not be required when the vessel anchors for a minimum of eight hours such that the transit does not require a continuous pilotage of more than eight hours by one pilot. (2) "Pilotage units" shall be determined as expressed by the following formula: Overall length x extreme breadth x depth to uppermost continuous deck divided by 10,000 equals pilotage units. (3) In the middle river and upper river as specified herein no foreign and no American vessel under register shall be docked, undocked or shifted unless such docking, undocking or shifting is performed by a Hudson river pilot duly licensed under this article. (c) Definitions: "Overall length" is the distance between the forward and after extremities of the vessel. "Extreme breadth" is the maximum breadth to the outside of the shell plating of the vessel. "Depth" is the vertical distance at amidships from the top of the keel plate to the uppermost continuous deck fore and aft, and which extends to the sides of the vessel. The continuity of a deck shall not be considered to be affected by the existence of openings, including but not limited to tonnage openings, engine space or a step in the deck. All measurements shall be in feet and inches (U.S.). The board of commissioners of pilots shall be the sole arbiter with respect to a question concerning these definitions. The decision by the board shall be final. (d) The measurement of overall length, extreme breadth and depth, as previously defined, shall be made available to the pilot by the master or his agent for the purpose of computation of pilotage fees. Failure to provide the measurements so required shall subject vessel to the maximum pilotage charge.