SECTION IV. Sea Port.

Chapter 3. Sea Pilots.

Clause 92. Setting Up of the Sea Pilot Service.

In order to ensure the safety of navigation at the approaches to sea ports, within port water areas and between sea ports, regardless of the flag and form of ownership of a vessel, the pilotage shall be performed by state sea pilots only.

The port pilot service shall be subordinated to the Harbour Master.

Clause 93. Citizenship of State Sea Pilots.

The State Sea pilot shall be a citizen of Ukraine meeting the requirements set forth in the Regulations of the state sea pilot service approved by the central body of executive power, ensuring the development and implementation of state policy in the field of maritime and river transport.

Clause 94. Obligatory and Optional Pilotage of the Vessels.

the central body of executive power, ensuring the development and implementation of state policy in the field of maritime and river transport in cooperation with other concerned ministries and departments, shall determine the areas of compulsory pilotage and the categories of vessels exempted from the compulsory pilotage, and publish said information in the Pilots (Sailing Directions) and Notices for Mariners.

Within the areas of compulsory pilotage a vessel shall have no right to proceed without a state sea pilot if the vessel does not belong to the category of vessels exempted from compulsory pilotage.

Within the areas where the pilotage is not compulsory the Master, in case of necessity, shall have the right to have a state sea pilot on board.

The harbour Master shall have the right to establish, within the areas of optional pilotage, a compulsory pilotage of the following vessels:

a) nuclear and other vessels or their cargo that may present a danger to the environment. Categories of such vessels are made public in the Obligatory Enactment of the Harbour Master;

b) vessels having serious damage of the hull, main engine or equipment that may sufficiently affect the safety of their navigation in port water area. In such a case the Master of said vessel shall be issued a notice of his duty to proceed under pilotage.

Clause 95. Time of Pilotage.

The time of pilotage of vessels shall be determined by the Harbour Master and announced in compulsory regulations.

The Harbour Master may prohibit vessel's pilotage when pilotage safety is endangered by weather or sea conditions (poor visibility, storm, earthquake etc.) as well as other emergency circumstances constituting a danger to the vessel in voyage.

Clause 96. Duties of State Sea Pilot.

In the process of piloting a vessel the state sea pilot shall observe the condition of shore navigation marks and beacons, condition of shore navigation marks and symbols and immediately advise the master of all changes at the fairway and of the incidents with vessels he has piloted.

The pilot shall advise the Master of the piloted vessel of any violations of the rules of navigation, obligatory regulations of Harbour Master and any other rules detected by him, and shall demand the elimination of said violations and, in case of non-fulfillment by the Master of these or other lawful demands of the state sea pilot, immediately inform the Harbour Master thereof.

Clause 97. Legal Status of State Sea Pilot on Board.

The presence of a state sea pilot on board the vessel shall not relieve the Master from the liability for operating and steering the vessel.

On leaving the bridge, the Master shall nominate a person responsible for steering the vessel in his absence and introduce him to the pilot.

Clause 98. Liability for Sea Incident (Emergency).

The liability for incidents caused by the actions of sea pilots performing their duties shall be borne by the organization wherein the pilot is employed. Said liability shall be limited by the amount of the emergency pilot fund formed by accumulation of 10% deductions from the pilot dues that had been received during the calendar year preceding the year of the incident.

Clause 99. Sending Pilot to Vessel.

On receiving a request for a pilot, the pilot service shall send a state sea pilot to the vessel, having notified the Master thereof. In case sending a pilot is impossible at the moment, the pilot service shall notify the Master of the expected time of pilot's arrival.

A state sea pilot arriving on board for performing his duties may be accompanied by a person undergoing training necessary for taking a position of a pilot (trainee).

Clause 100. Conditions of Pilot's Stay on Board.

The Master of the vessel shall ensure prompt and safe reception of the pilot and the trainee on board the vessel and provide them free of charge, for a period of pilotage, with a separate room and board on an equal basis with the officers of his vessel.

Clause 101. Pilot's Receipt.

The pilot, having arrived on board the vessel, shall hand in to the Master a pilot's receipt, the form thereof corresponding to that established by the central body of executive power, ensuring the development and implementation of state policy in the field of maritime and river transport. The Master shall enter in the receipt the following particulars: vessel's name, flag of vessel, draft, length, beam, net tonnage as well as the place and time of receiving the pilot.

The Master shall indicate in the receipt the place and time of pilotage termination and, if he deems it necessary, any remarks regarding the circumstances and procedure of pilotage. The data entered in the receipt and the remarks, if any, shall be certificated by the Master's signature.

Clause 102. Fine for Presenting Incorrect Information on the Vessel and Passing without a Pilot.

In case of incorrectly declaring the draft, beam, length and tonnage of the vessel as well as passing without permission of vessels' traffic control service or without a pilot in a zone of obligatory pilotage, the Master shall pay fine for any consequences which may result out of said actions, its amount being twice the pilot dues, irrespective of the liability provided for by the legislation of Ukraine in force.

Clause 103. Conditions under Which the State Sea Pilot May Leave the Vessel.

The pilot shall have no right, without the Master's consent, to leave the vessel before he sets her to anchor, berth or moor her at a safe place or put her to sea or is replaced by another pilot.

Clause 104. Refusal of State Sea Pilot from Pilotage.

In case the Master, having taken the pilot on board acts contrary to his directions and recommendations, the pilot shall have the right, in the presence of a third party, to refuse continuing pilotage. He shall also have the right to demand the absence of entries in the pilot's receipt. However, even after refusal of pilotage the pilot shall stay on the bridge and, should the Master request data required for safe navigation, he shall supply said data.

On request of the Master to continue pilotage the pilot shall continue pilotage.

Clause 105. Refusal of Pilot's Services.

In case the Master of the vessel has any doubts as to the correctness of the state sea pilot's recommendations, he shall have the right to refuse his services. But in doing so in the area of compulsory pilotage the Master shall, if possible, terminate the vessel's movement until arrival of another pilot.

The Master who had requested the services of the state sea pilot and, after the latter's arrival, refused his services, shall pay in full the pilotage dues for piloting the vessel whereto the pilot had been called.

Clause 106. Pilotage Dues.

Pilotage dues shall be levied upon vessels that use the pilot services, the amount and procedure of levying thereof being determined by the central body of executive power, ensuring the development and implementation of state policy in the field of maritime and river transport on agreement with the Ministry of Economics of Ukraine.

Clause 107. Award for Delay of Pilot on Board.

In case the pilot is delayed on board the vessel for more than two hours because of the necessity to additionally load or discharge the vessel, failure of vessel's engines or mechanisms, vessel's staying in quarantine, or due to other circumstances not caused by a force-majeure, the Master shall pay to the organization wherein the pilot is employed, a separate reward in the amount established by the central body of executive power, ensuring the development and implementation of state policy in the field of maritime and river transport.

Clause 108. Award to Pilot for Staying Outside the Area of Pilotage.

In case a pilot and a trainee are carried by the vessel they had piloted beyond the area they serve, the Master shall reimburse the pilot and the trainee their expenses for returning to the place of service (travelling expenses, daily allowance, hotel accommodation) and, besides, pay for each day of their stay outside the pilotage area an award stipulated by the Clause 107 of this Code.

Clause 109. Collecting Dues and Penalties.

Pilot dues, separate award and penalties provided for by Clauses 102, 105, 106, 107, 108 of this Code are turned to an income (revenue) of the organization wherein the pilot is employed.