Hayden v. New Orleans Baton Rouge Steamship Pilots Fee Commission

707 So. 2d 3, 1998 La. LEXIS 3
CourtSupreme Court of Louisiana
DecidedJanuary 21, 1998
DocketNo. 97-C-1239
StatusPublished
Cited by5 cases

This text of 707 So. 2d 3 (Hayden v. New Orleans Baton Rouge Steamship Pilots Fee Commission) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hayden v. New Orleans Baton Rouge Steamship Pilots Fee Commission, 707 So. 2d 3, 1998 La. LEXIS 3 (La. 1998).

Opinion

JiKNOLL, Justice.1

The issue before us is whether a majority decision of the pilotage fee commission is subject to the Louisiana Administrative Procedures Act (LAPA), La.R.S. 49:950, et seq. The trial court concluded that LAPA did not apply and, accordingly, it affirmed the majority decision of the Fee Commission. On appeal by the New Orleans Steamship Association and three industry-commissioners (the industry plaintiffs), the Court of Appeal, First Circuit, ultimately reversed the trial court and determined that because there is no specific legislation governing review of pilots’ fee commission decisions, review of such matters was governed by the provisions of LAPA. Hayden v. New Orleans Baton Rouge S.S. Pilots Fee Comm’n, 96-0062 (La. App. 1 Cir. 1/8/97), 690 So.2d 79. We granted a writ of certiorari to determine the res nova question of whéther LAPA is applicable to majority decisions of the pilots fee commission. 97-1289 (La.9/19/97), 701 So.2d 178. For reasons | ¿which follow, we conclude that the New Orleans and Baton Rouge Steamship Pilots Fee Commission (Fee Commission) is not bound to comply with LAPA.

BACKGROUND

A long, well-settled line of jurisprudence charts the history of bar pilots in Louisiana.2 As noted in Kotch v. Board of River Port Pilot Com’rs for Port of New Orleans, 330 U.S. 552, 67 S.Ct. 910, 91 L.Ed. 1093 (1947), “studies of the long history of pilotage reveal that it is a unique institution and must be judged as such.” Id. at 557, 67 S.Ct. at 912-13.

Since the days of early development of colonies in North America, river phots have aided ships in their passage through the Mississippi River approaches to the Port of New Orleans, northward to the Port of Baton Rouge. Because of the essential need to prevent traffic congestion and accidents on the river, the legislature first imposed regulations on the pilots in 1837. Hendrix v. [5]*5Louisiana Public Service Commission, 262 La. 420, 263 So.2d 343 (1972). In accord with this spirit, the legislature established three distinct phot .associations which have the exclusive right to provide river pilot services to vessels from the time they enter the Mississippi River from the Gulf of Mexico until they reach the Port of Baton Rouge. La.R.S. 34:943 provides that bar pilots have the exclusive right to provide- services on the Mississippi River between Pilot Town and the Gulf of Mexico. River port pilots, generally called Crescent Pilots, assist vessels between Pilot Town and New Orleans. La.R.S. 34:996. The New Orleans Baton Rouge Association pilots (NOBRA), the third association of Mississippi river pilots, provide exclusive pilot services between New Orleans and Baton Rouge. La.R.S. 34:1043. In conformity with La.R.S. 34:944, 34:995, and 34:1047, the three phot groups each formed a pilot association. The associations |3determine, inter alia, the pilots’ working conditions by establishing the rules and regulations for such things as vacations, sick leave, and rest time.

After examination and certification by boards of examiners for each association of phots, the governor, at his discretion, appoints river phots. La.R.S. .34:945, -34:993, 34:1045. Before the creation of the fee commissions, the legislature regulated the fees that the phots were permitted to charge for their services. See repealed provisions in La.R.S. 34:997 — 999. However, in 1968, the state legislature disburdened itself of their authority and created phot fee commissions, giving these commissions the authority to fix rates and fees for phot services. La.R.S. 34:1121, et seq. Each commission is comprised of eight members and eight alternates commissioned by the governor to represent the respective interests of the phot associations and the steamship industry; the boards of directors from the phot associations recommend four members and four alternates and the steamship industry recommends a like number of members and alternates. Id. Each fee commission “shah have exclusive authority to fix and establish reasonable and just fees and rates_” La.R.S. 34:1122. (Emphasis- added). To-assist the fee commissions- in their determinations of rates La. R.S. 34:1122(B)3 and (C) provide:

B. Photage fees and rates shah provide for all ordinary and necessary operating and ádmiñistrative costs and expenses, including, but not limited to, the' cost of, replacement of, and reasonable return on investment of phot stations, administrative offices, furniture and fixtures, communication equipment and facilities, vessels, launches and other required vehicles of transportation and the expenses of maintaining and repairing same, other transportation expenses, the expense of maintaining necessary employees, operating materials, consumables and services, pensions, pension plans, hospitalization, | ¿disability compensation, taxes and licenses, life insurance, license insurance, trade promotions, public relations, legal expense, accounting expense, professional dues, administrative and professional publications, state phot commissions, state and federal requirements, and fair average annual compensation for a state ship phot, in comparison to regulated state ship photage in other United States ports.
C. (1) In determining such fees and rates, individual photage fee commissions may give due regard to, but shah not be limited to: .
(a) Consideration of the length, draft, dimensions, and tonnage of the vessels to be piloted.
(b) The difficulty and inconvenience of the particular service and the skill and additional expertise required to render it.
(c) The public interest in maintaining safe, efficient, and rehable photage service.
(d) The piloting time required; the distance traveled of the vessels to be serviced; the travel time required and distance traveled to and from vessels; the method of travel and travel cost required to and from vessels; the time devoted by [6]*6pilots to making themselves available when needed; the time required to be on station or on call while both on and off station; the length of time duty requires the phot’s absence away from home; the difficulty of the particular service including working conditions; risk factors of the route; inconvenience and living conditions; the skill and additional expertise required to render the particular service; the length of the training, experience, or apprenticeship program; and the number of trips the pilot is required to ride light.
(e) Another factor relevant to the determination of reasonable and just fees and rates, including those factors previously considered and determined by the Louisiana Supreme Court, and the national average pilotage cost per mile for state regulated pilots operating in United States ports. (2) If any standard for establishing pilot-age fees and rates set forth herein is not applicable to a particular pilot service, then it shall not be considered in the determination of fees and rates for such service.

| sThe legislative enactment further provides for two decision-making eventualities which may arise from negotiations among the members in the respective fee commissions. First, a decision by the majority of the members of the fee commission shall constitute the decision of the commission. La.R.S.

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Bluebook (online)
707 So. 2d 3, 1998 La. LEXIS 3, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hayden-v-new-orleans-baton-rouge-steamship-pilots-fee-commission-la-1998.