Declaration of pilotage district
(1) The Authority may from time to time by notification in the Gazette declare an area in the Port or the approaches to the Port to be a pilotage district and shall define therein the limits of the pilotage district. (2) This Part shall apply to a pilotage district declared under this section.
Vessels of certain tonnage to be under pilotage
(1) The Authority may require such vessel or class of vessels as it may from time to time specify to be under pilotage while navigating in a pilotage district and the master or owner of every such vessel or every vessel of that class shall comply with such requirement. (2) A vessel while being moved within any area of the Port which is or forms part of a pilotage district shall be deemed to be a vessel navigating in a pilotage district.
Authority to employ pilots
(1) Subject to this Act, the Authority may employ such number of pilots as it deems necessary or expedient for the purpose of providing an adequate and efficient pilotage service. (2) No person shall be employed as an Authority pilot in a pilotage district unless he is in possession of a valid licence to act as a pilot in that district issued under section 59.
Power of Pilotage Committee to license employees of a licensed operator
(1) Notwithstanding anything to the contrary in the Act the Authority may, if it considers expedient, authorize the Pilotage Committee to issue a licence to any employee of a licensed operator to pilot vessels in a pilotage district of such Authority subject to such terms and conditions as the Authority thinks fit: Provided that no such licence shall be issued to any such employee unless the Pilotage Committee has examined the employee and be satisfied as to the employee’s general fitness and competency, including his physical fitness, to act as a pilot for the licensed operator. (2) A licence issued under subsection (1) shall cease to be valid if the employee to whom it was issued ceases to be employed by the licensed operator.
Vessel to be piloted by Authority pilot or a licensed person
No vessel shall be piloted in a pilotage district by any person other than the Authority pilot or a person licensed under subsection 55A(1).
Appointment and functions of Pilotage Committee
The Authority shall with the approval of the Minister appoint a Pilotage Committee for the purpose of— (a) holding examinations and issuing, on behalf of the Authority, licences to act as Authority pilots or as pilots employed by a licensed operator; (b) holding inquiries concerning the conduct of Authority pilots or persons licensed under subsection 55A(1) in the discharge of their duties as directed by the Authority, and making recommendations to the Authority; (c) investigating and advising on such matters as may be referred to the Pilotage Committee by the Authority; and (d) carrying out such other functions as are conferred on the Pilotage Committee by this Act.
Constitution of Pilotage Committee
(1) The Pilotage Committee shall consist of a chairman and four other persons who, by reason of their knowledge of or experience in shipping, nautical or port matters are, in the opinion of the Authority, fit and proper persons to be members of the Pilotage Committee. (2) The appointment of a member of the Pilotage Committee may be for any period not exceeding three years but the member shall be eligible for reappointment on completion of every such period. (3) Three members of the Pilotage Committee shall form a quorum at a meeting of that Committee. (4) The chairman of the Pilotage Committee shall preside at all its meetings: Provided that in the absence of the chairman the members present shall choose one of their number to preside in his place. (5) If on any question to be determined there is an equality of votes, the chairman or member presiding shall have the casting vote in addition to his original vote. (6) Members of the Pilotage Committee who are not officers or servants of the Authority may be paid out of the funds of the Authority such fees and allowances as the Authority may determine. (7) Paragraphs 1 and 10 of the Schedule shall mutatis mutandis apply to the Pilotage Committee and its members as they apply to the Authority and its members.
Rules in relation to Pilotage Committee
Subject to this Act, the Authority may make rules for the purpose of regulating the meetings and proceedings of the Pilotage Committee.
Examination for and issue of licence to act as pilot
(1) The Pilotage Committee shall examine candidates for employment by the Authority as pilots and on being satisfied as to a candidate’s general fitness including physical fitness and competency to act as an Authority pilot may, on behalf of the Authority, issue to him a licence to act as such and the licence may contain such conditions as the Pilotage Committee may impose. (2) Subject to this Part, every pilot holding immediately prior to the coming into force of this Part a licence to act as a pilot issued under any written law shall be deemed to be qualified for employment by the Authority as a pilot, and the Pilotage Committee may, on behalf of the Authority, issue to such pilot when employed by the Authority a licence to act as an Authority pilot in a pilotage district, subject to such conditions as the Pilotage Committee may impose. (3) Every Authority pilot shall whenever the Pilotage Committee considers that, owing to changed conditions or for any other sufficient reason, the further testing of the general fitness including physical fitness and competency of any such pilot is necessary, present himself for further examination, and shall in every such case first deposit with the Pilotage Committee the licence issued by that Committee on behalf of the Authority to be returned or cancelled by the Committee on behalf of the Authority as the result of such test or examination. (4) The Authority shall not continue to employ as a pilot any person whose licence to act as a pilot is cancelled pursuant to subsection (3). (5) A licence issued under this section shall cease to be valid upon the termination of the pilot’s employment with the Authority.
Inquiries by Pilotage Committee
(1) The Pilotage Committee may, and when directed by the Authority shall, hold an inquiry into the conduct of an Authority pilot or a person licensed under subsection 55A (1) where it appears that he has been guilty of misconduct affecting his capability, or has failed in or neglected his duty, or has become incompetent to act, as such pilot. (2) For the purposes of the inquiry, the Pilotage Committee may summon any person to attend any of its meeting to give evidence on oath or produce any document or other thing in his possession and to examine him as a witness or require him to produce any document or other thing in his possession relative to the matters which are the subject-matter of such inquiry. (3) Any person who— (a) being summoned to attend any such inquiry, fails so to do; (b) offers an act of disrespect or any insult or threat to the Pilotage Committee or any member thereof during an inquiry; or (c) being required by the Pilotage Committee to give evidence on oath or affirmation or to produce a document or other thing, refuses so to do, shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding *two thousand ringgit.
Submission of Pilotage Committee’s findings and recommendations to Authority
(1) Where the Pilotage Committee, after due inquiry in accordance with this Part and after hearing any statement that may be offered in defence, finds that an Authority pilot or a person licensed under subsection 55A(1) has been guilty of misconduct affecting his capability, or has failed in or neglected his duty, or has become incompetent to act, as a pilot, it shall submit to the Authority a copy of the record of the inquiry and its findings and recommendations in respect of the inquiry. (2) The Authority may, after considering the findings and recommendations of the Pilotage Committee, suspend or cancel the licence of the Authority pilot or person licensed under subsection 55A(1) or impose such other punishment as the Authority may think fit. (3) Any Authority pilot or any person licensed under subsection 55A(1) who is aggrieved by a decision of the Authority made under subsection (2) may, within fourteen days from the date of such decision, appeal to the Minister whose decision thereon shall be final.
Liability of master or owner in case of vessel under pilotage
The master or owner of a vessel navigating in circumstances in which pilotage is compulsory shall be answerable for any loss or damage caused by the vessel or by any fault of the navigation of the vessel in the same manner as he would be if pilotage were not compulsory. *NOTE—Previously “five hundred ringgit”—see Bintulu Port Authority (Amendment) Act 1992 [Act A831].
Limitation of Authority pilot’s liability when bond is given
(1) An Authority pilot who has given a bond in accordance with subsection (2) shall not be liable for neglect, want of skill or incapacity in office beyond the penalty of the bond and the amount payable to the Authority on account of pilotage in respect of the voyage in which he was engaged when he became so liable. (2) Every Authority pilot shall undertake to give a bond in favour of the Authority in such sum as the Authority considers reasonable for the proper performance of his duties under this Part and any rules or by-laws made under this Act. (3) Any bond given by an Authority pilot in accordance with this section shall not be liable to stamp duty. (4) Where any proceedings are taken against an Authority pilot for any neglect, want of skill or incapacity in office in respect of which his liability is limited as provided by this section, and other claims are made in respect of the same neglect, want of skill or incapacity in office, the court in which such proceedings are taken may— (a) determine the amount of the pilot’s liability and, upon payment by him of the amount to court, distribute the amount rateably among the several claimants; (b) stay any proceedings pending in any other court in relation to the same matter; and (c) proceed in such manner and subject to such directions as to making persons interested parties to the proceedings, and as to the exclusion of any claimant who has not submitted his claim within a certain time, and as to requiring security from the pilot and as to payment of any costs as the court thinks fit.
Pilotage Committee and Authority not liable for loss or damage occasioned by pilot
(1) The issue of a licence to a pilot by the Pilotage Committee on behalf of the Authority under subsection 55A(1) or 59(1) shall not impose liability on the Pilotage Committee for any loss or damage occasioned by an act, omission or default of such pilot. (2) An Authority pilot whilst engaged in an act of pilotage shall, notwithstanding that he may be employed at a salary by the Authority, be deemed to be the servant only of the master or owner of the vessel under pilotage and the Authority shall not be liable for any loss or damage occasioned by any act, omission or default of such pilot.
Summary proceedings
A court may, if it thinks fit, call upon two members of the Pilotage Committee to sit with it as assessors in any proceedings affecting Authority pilots under this Act or any rules or by-laws made thereunder.
By-laws regulating pilotage and conduct of pilots
(1) The Authority may, with the approval of the Minister, make by-laws for regulating pilotage in any pilotage district and for the maintenance of good conduct and discipline of Authority pilots and for matters relating to their duties. (2) The Authority may, in making by-laws under this section, provide that the contravention of any by-law shall be an offence and may prescribe as a penalty in respect of any one offence a fine not exceeding *five thousand ringgit. *NOTE—Previously “two thousand ringgit”—see Bintulu Port Authority (Amendment) Act 1992 [Act A831].
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Text as at 1 July 2015 (LOM reprint); amendments made after that date may not be incorporated. Read the official text ↗
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).