By-laws
Open ↗(1) The authority may with the approval of the Minister make by-laws for—
(a) regulating, declaring and defining the wharves, docks, piers and places which are vested in or are under the control of the authority, on and from which goods may be landed or shipped in vessels;
(b) regulating the manner in, and the conditions under, which the loading and discharging of vessels shall be carried out, and for varying the positions of vessels loading and discharging;
(c) regulating the safe and convenient use of the docks, wharves, piers, landing places, warehouses, sheds and premises, which are vested in or are under the control of the authority, and of any ferry service maintained by the authority;
(d) regulating the reception, storage and removal of goods within and from the premises of the authority, and declaring the procedure to be followed for taking charge of goods which have been damaged before landing or are alleged to have been so damaged;
(e) settling the mode of payment of charges leviable under this Act, facilitating their collection and preventing their evasion;
(f) keeping clean the basins, works and premises of the authority and the waters adjacent thereto, and preventing oil filth and rubbish from being thrown or from entering therein or thereon;
(g) limiting the liability of the authority in respect of any loss, damage or injury to any person, occurring without the actual fault or privity of the authority (whether in any vessel operated or maintained by them or on any wharf, quay or other part of the port);
(h) regulating the conveyance, loading and unloading of dangerous goods;
(i) prescribing the procedure relating to the calling of tenders and the making of contracts by the authority or other person on behalf of the authority;
(j) regulating the issue and transfer of licences and prescribing the fees payable on the issue of such licences;
(k) regulating vehicular traffic, preventing obstruction and keeping order at wharves and docks and for ensuring the safety of the same and any cargo thereon;
(l) regulating the towage of or providing other assistance to vessels by the authority and the terms and conditions of such towage or assistance;
(m) prescribing anything that may be prescribed under this Act;
(n) otherwise carrying out the provisions of this Act.
(2) Any regulation made under paragraph (1)(h) may—
(a) prescribe the notice to be given by ships and boats conveying, loading or unloading dangerous goods;
(b) regulate the navigation and place of berthing of ships and boats carrying dangerous goods;
(c) prohibit or regulate the conveyance in passenger ships, boats, trains or vehicles of any kind of dangerous goods with any other kind of dangerous goods, articles or substances;
(d) regulate the conveyance, loading and unloading of dangerous goods and prescribe the mode of stowing and keeping such goods on board any ship, boat or premises;
(e) prohibit, in cases where the loading or unloading of dangerous goods within the jurisdiction of the authority appears to be specially dangerous to the public, such loading or unloading, and fix the places and times at which any dangerous goods are to be loaded or unloaded and the quantity to be loaded or unloaded or conveyed at one time or in one ship, boat or vehicle;
(f) prescribe the mode of and the precautions to be observed in, conveying or keeping dangerous goods, and regulate the loading or unloading of any ship, boat or vehicle conveying such goods;
(g) prescribe the times at which lights or fires are to be allowed or prohibited on board any ship or boat conveying or keeping dangerous goods;
(h) generally provide for the safety of persons and property from damage.
(3) The authority may in the by-laws made under this section provide for the punishment of any contravention thereof by—
(a) a fine not exceeding one thousand ringgit; and
(b) a further fine not exceeding two hundred and fifty ringgit for every day after the first during which the breach continued, where the breach is a continuing one.
(4) The authority may cause any by-laws made under this section to be printed in English and national language, and may for the information of the public, exhibit such by-laws (whether in whole or in part) at such places as the authority deems fit.
PART V A
Declaration of pilotage district
29 A. (1) The authority may from time to time by notification in the Gazette declare any area in the port or the approaches to the port to be a pilotage district.
(2) Every such declaration shall define the limits of the pilotage district.
(3) Notwithstanding the Merchant Shipping Ordinance 1952, this Part shall apply to any pilotage district declared under this section.
The authority may require vessels to be under pilotage
29 B. (1) The authority may, if it appears to the authority to be necessary, require any vessel while navigating in any pilotage district or part thereof to be under pilotage, and the master or owner of such vessel 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
Open ↗(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 such district issued under section 29H.
Pilotage Committee and authority not liable for loss or damage occasioned by pilots
Open ↗(1) The issue of a licence to a pilot by the Pilotage Committee on behalf of the authority under subsection 29CA(1) or 29H(1) or the authorization given by the authority to any person to pilot vessels passing through a pilotage district pursuant to subsection 29CB (2) shall not impose any liability on the Pilotage Committee for any loss or damage occasioned by any act, omission or default of such pilot.
(2) Any authority pilot whilst engaged in any pilotage act 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
29N . 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 regulations made thereunder.
By-laws regulating pilotage and conduct of pilots
29O . (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 matter relating to their duties.
(2) The authority may, in making any by-laws under this section, provide that any contravention of or failure to comply with 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.
Power of Pilotage Committee to license employees of a licensed operator
Open ↗(1) Notwithstanding anything to the contrary in this 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 employee of a licensed operator or an authorized person
29CB . (1) No vessel shall be piloted in a pilotage district by any person other than the authority pilot or an employee licensed under subsection 29CA(1) of a licensed operator.
(2) Notwithstanding subsection (1) the authority may, if it considers expedient, authorize any person to pilot vessels passing through its pilotage district, subject to such terms and conditions as the authority may impose.
Appointment and functions of the Pilotage Committee
29D . The authority with the approval of the Minister shall appoint a Pilotage Committee for the purpose of—
(a) holding examinations and issuing, on behalf of the authority, licences to act as an authority pilot or as a pilot employed by a licensed operator;
(b) holding inquiries concerning the conduct of—
(i) authority pilots;
(ii) employees, licensed to pilot vessels in a pilotage district pursuant to subsection 29CA(1), of a licensed operator;
(iii) persons authorized under subsection 29CB(2) to pilot vessels passing through a pilotage district,
in the discharge of their duties as directed by the authority and make recommendations thereto;
(c) investigating and advising on such matters as may be referred to the Committee by the authority; and
(d) carrying out such other functions as are conferred on the Pilotage Committee by this Act.
Constitution of the Pilotage Committee
29 E. (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 Committee.
(2) The appointment of a member of the Pilotage Committee may be for any period not exceeding three years but such member shall be eligible for reappointment on completion of every such period.
(3) Three members of the Pilotage Committee shall form a quorum at any meeting of the Committee.
(4) The Chairman of the Pilotage Committee shall preside at all meetings thereof:
Provided that if the Chairman is absent from a meeting or any part thereof, such member as the members of the Pilotage Committee present shall choose, shall preside in his place.
(5) The Chairman or member presiding at any meeting of the Pilotage Committee shall have a vote and, in the case of an equality of votes, a second or casting vote.
(6) Members of the Pilotage Committee who are not employees of the authority may be paid, out of the funds of the authority, such fees and allowances as the authority may, from time to time, determine.
Public servants
29F . The members of the Pilotage Committee shall be deemed to be public servants within the meaning of the Penal Code [Act 574].
Rules
29G . Subject to this Act, the authority may from time to time make rules for the purpose of regulating the meetings and proceedings of the Pilotage Committee.
Examination for licence
29H . (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 and competency, including physical fitness, to act as an authority pilot may, on behalf of the authority, issue to him a licence to act as such, and such licence may contain such conditions as the Pilotage Committee may deem fit.
(2) Subject to this Part, every pilot holding immediately prior to the coming into operation of the said Part, a licence issued under the Merchant Shipping Ordinance 1952 to act as a pilot in the Port Swettenham pilotage district, shall be deemed to be qualified
for employment by the authority as a pilot, and the Pilotage Committee shall, on behalf of the authority, issue to such pilot when employed by the authority a licence to act as an authority pilot in the 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 knowledge, efficiency or physical fitness of any such pilot is necessary, present himself for further examination, and shall in every such case first deposit with the Pilotage Committee his licence issued by the said Committee on behalf of the authority to be returned or cancelled by the said Committee on behalf of the authority as the result of such test or examination determines.
(4) The authority shall not continue to employ as a pilot any pilot whose licence to act as such is cancelled as the result of any test or examination carried out or held under subsection (3).
(5) Any licence issued under this section shall cease to be valid upon the termination of any authority pilot’s employment with the authority.
Inquiries by Pilotage Committee
29 I. (1) The Pilotage Committee may, and when directed by the authority shall hold an inquiry into the conduct of an authority pilot or any person licensed under subsection 29CA(1) or any person authorized to pilot vessels under subsection 29CB(2) where it appears that he has been guilty of misconduct affecting his capability as a pilot or has failed in or neglected his duty as a pilot or has become incompetent to act as a pilot.
(2) For the purposes of such inquiry, the Pilotage Committee may summon any person to attend any meeting of the said Committee 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 to do so;
(b) offers any 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 to do so,
shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding two thousand ringgit.
Submission of Pilotage Committee’s findings and recommendations to the authority
29J . (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 an employee licensed under subsection 29CA(1) of a licensed operator or any person authorized by the authority to pilot vessels pursuant to subsection 29 CB(2) has been guilty of misconduct affecting his capability as a pilot or has failed in or neglected his duty as a pilot 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 such authority pilot or employee licensed under subsection 29 CA(1) of a licensed operator, or, in the case of such person authorized by the authority to pilot vessels pursuant to subsection 29CB(2), revoke such authorization, or impose such other punishment as the authority may think fit.
(3) Any authority pilot or any employee licensed under subsection 29CA (1) of a licensed operator who is aggrieved by any decisions of the authority in respect of suspension or cancellation of the licence made under subsection (2) may, within fourteen days from the date of such decision, appeal to the Minister whose decision shall be final.
Liability of the master or owner in the case of a vessel under pilotage
29K . 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 if pilotage were not compulsory.
Limitation of pilots liability when bond is given
29 L. 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 such 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 under this Act.
(3) Any bond 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 such pilot’s liability and, upon payment by him of such amount to court, distribute such 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 claimants who have not submitted their claims within a certain time, and as to requiring security from such pilot and as to payment of any costs as the court thinks fit.
