§ 117 — Piloting without license; penalty

(a) Whoever exercises the profession of pilot in the Bay or River Delaware, the navigable tributaries thereof, including the C & D Canal, or upon any other waters designated as pilotage waters by the Board, without a current license granted under this chapter or under the laws of Pennsylvania shall be liable for a civil penalty equal to twice the amount of pilotage, as determined in accordance with this chapter, for each such vessel piloted. Such penalty shall be payable to the State.

(b) Any person who provides pilotage to a vessel in distress shall not be deemed to have violated this section if the person turns the vessel over to a duly licensed pilot who subsequently offers pilot services.

(c) No tugboat shall undertake to tow any vessel obligated by this chapter to employ a pilot unless such vessel has a pilot on board who is licensed under this chapter or by the Commonwealth of Pennsylvania. The master or person in charge of a tugboat which violates this section shall be deemed to be piloting without a license and shall be liable for the civil penalty described in subsection (a) of this section.

(d) Any master, owner, charterer, operator, consignee, manager or agent of a vessel required under this chapter to take a pilot, who hires or allows a person to act as a pilot in violation of subsection (a) of this section while knowing that the person does not hold a valid license issued under this chapter or by the Commonwealth of Pennsylvania, shall be jointly and severally liable for the civil penalty described in subsection (a) of this section.

(e) The State Attorney General on behalf of the Board may bring an action in the courts of this State or any other court of competent jurisdiction to enforce this section.

Legislative History

16 Del. Laws, c. 449, §§ 2, 15 ; Code 1915, §§ 954, 968; Code 1935, §§ 1066, 1080; 45 Del. Laws, c. 102, § 1 ; 23 Del. C. 1953, § 117; 69 Del. Laws, c. 20, § 13 ; 70 Del. Laws, c. 186, § 1