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California Laws | Harbors and Navigation Code
DIVISION 5. PILOTS FOR MONTEREY BAY AND THE BAYS OF SAN FRANCISCO, SAN PABLO, AND SUISUN
CHAPTER 1. PILOTS

(h) The individual physical safety and well-being of pilots is of vital importance in providing required pilot services. (1528)

Article 2. Application (1105-1107) (1529)(Text)

1105. This division applies to pilots for Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun. (1530)

1106. No fine or other penalty authorized by the provisions of this division, nor any revocation or suspension of a pilot license or commission except as provided in Section 1180, may be imposed by the board without a full and open prior public hearing on the matter. (1531)

1107. If any provision of this division or the application thereof to any person or circumstance is held invalid, the validity of the remainder of the provisions of this division and their application to other persons or circumstances shall not be affected. (1532)

Article 3. Definitions (1110-1117) (1533)(Text)

1110. (a) "Bays of San Francisco, San Pablo, and Suisun" means all the waters of those bays and of the tributaries, ports, and harbors of those bays, and includes the water areas from the south end of San Francisco Bay and from the Ports of Sacramento and Stockton to the Golden Gate Bridge. "Bay of San Francisco, San Pablo, or Suisun" means any of those waters, respectively. (1534)

(b) "Monterey Bay" means all the waters of that bay and of the tributaries, ports, and harbors of that bay. (1535)

1111. "Board" means the Board of Pilot Commissioners for the Bays of San Francisco, San Pablo, and Suisun. (1536)

1112. "High seas" includes all the navigable waters of the Pacific Ocean west of the Golden Gate Bridge, and all navigable waters west of the westward boundary of the pilotage grounds for Monterey Bay. (1537)

1113. "Inland pilot" means a person holding an inland pilot license pursuant to Section 1142. (1538)

1114. "Pilot" means any of the following: (1539)

(a) Any person licensed under the authority of this division to pilot vessels other than an inland pilot. (1540)

(b) Any person licensed as a bar pilot for the Bays of San Francisco, San Pablo, and Suisun prior to January 1, 1985. (1541)

(c) Any existing inland pilot who becomes a pilot pursuant to Section 1141. (1542)

(d) Any pilot licensed pursuant to subdivision (b) of Section 1171. (1543)

1114.5. "Pilotage grounds" means all waters extending eastward from the precautionary area surrounding buoy SF to, and including, the Bays of San Francisco, San Pablo, and Suisun, and also includes the waters of Monterey Bay, eastward of a straight line drawn between Point Santa Cruz Light and Point Pinos Light. (1544)

1115. "Plan" or "pension" or "pension plan" means the San Francisco Pilot Pension Plan established pursuant to Chapter 3 (commencing with Section 1160) of this division. (1545)

1116. "Vessel" means all vessels not exempted under provisions of this division. (1546)

1117. "Commission investigator" means a person employed by or under contract with the board and assigned to investigate and report on a navigational incident involving a vessel piloted by a pilot or inland pilot licensed by the board, or other matter, incident, misconduct, suspected safety violation, or other activity reported to, or identified by, the board. (1547)

Article 4. Liability of Persons Using Pilot Services (1120-1122) (1548)(Text)

1120. Vessels which use pilotage services, and their tackle, apparel, furniture, and other appurtenances, and their owners, operators, and agents are jointly and severally liable for pilotage fees and for the surcharges established pursuant to this division. (1549)

1121. If any pilot, in endeavoring to assist or relieve any vessel in distress, suffers loss or damage to the pilot's vessel, the owner and operator of the distressed vessel are jointly and severally liable for the loss or damage. (1550)

1122. (a) A pilot carried to sea against the pilot's will, or unnecessarily detained on board a vessel when a pilot vessel is in attendance to receive the pilot, shall receive six hundred dollars ($600) per day while so carried to sea or detained, plus reimbursement for any expenses incurred by the pilot in returning to the pilot station. (1551)

(b) The owner, operator, and agents of the detaining vessel are jointly and severally liable for paying the amount specified in subdivision (a). (1552)

Article 5. Exclusive Rights of Pilotage (1125-1126) (1553)(Text)

1125. (a) Pilots licensed by the board have exclusive authority, to the extent not provided otherwise by federal law, to pilot vessels from the high seas to Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun and the ports thereof, and from those bays and ports to the high seas. They shall also have exclusive authority to pilot vessels within and along the waters of those bays, except as otherwise set forth in this division. (1554)

(b) Nothing in this division shall interfere with pilotage regulations of Monterey Bay and of the Ports of Sacramento and Stockton, nor prevent the regulatory authority of those ports from utilizing the pilots licensed pursuant to this division. (1555)

1126. (a) Every person who does not hold a license as a pilot or as an inland pilot issued pursuant to this division, and who pilots any vessel into or out of any harbor or port of Monterey Bay and the Bay of San Francisco, San Pablo, or Suisun, or who acts as a pilot for ship movements or special operations upon the waters of any of those bays, is guilty of a misdemeanor. In addition to the fines or other penalties provided by law, the court may order that person to pay to the pilot who is entitled to pilot the vessel the amount of pilotage fees collected. No fees shall be paid for pilotage if a state-licensed pilot refuses to join the vessel under paragraph (5) of subdivision (c). (1556)

(b) Any person may also be enjoined from engaging in the pilotage prescribed by subdivision (a) by a court of competent jurisdiction. (1557)

(c) This section does not apply to any of the following persons: (1558)

(1) The master of a vessel who has relieved the pilot to ensure the safe operation of the vessel, but only from the point where the pilot is relieved to the closest safe berth or anchorage, or the high seas if closer than a safe berth or anchorage. (1559)

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