§ 121 — Receipt of pilots by vessels; penalties for refusal; jurisdiction

Delaware § 121

• Jurisdiction: Delaware
• Title: 23
• Ch. 1: PILOTS
• Subch.: Vessels and Pilots

Text

(a) Except vessels of less than 100 gross tons, every foreign vessel and every vessel engaged in foreign commerce or trade entering, departing or underway upon the Delaware Bay or River, the navigable tributaries thereof, including the C & D Canal, or upon such other waters designated pilotage waters by the Board, shall be obliged to receive and employ a pilot licensed under this chapter or by the Commonwealth of Pennsylvania.

(b) As used in this section, “vessel engaged in foreign trade” shall be defined as any vessel carrying any cargo loaded in a foreign port, or destined for a foreign port, as well as any vessel in ballast, having discharged its cargo of foreign origin, unless such vessel has specific orders to a port in the United States at which it is to load cargo. Orders to a vessel to proceed to Delaware Bay, to sea or any other place for orders or instructions shall not be deemed such specific orders.

(c) If the master of any vessel refuses or neglects to take a pilot, the master, owner, charterer, operator, manager, consignee or agent of such vessel shall:

(1) Forfeit and pay to any such pilot suing for the same a sum equal to the pilotage of such vessel plus attorney fees and costs to be recovered by a suit in the courts of this State or before a Justice of the Peace, or such pilot may pursue a remedy therefore by a suit in admiralty in any United States court either in personam or by proceeding in rem, to enforce the lien given the person on such ship or vessel, as such pilot may see fit and proper to do; and

(2) Be liable to pay a civil penalty of up to $25,000, payable to the State, which penalty shall be enforceable via an action to be brought by the Attorney General in the courts of this State.

Legislative History

16 Del. Laws, c. 449, § 5 ; 17 Del. Laws, c. 145, § 1 ; 18 Del. Laws, c. 619, § 2 ; Code 1915, § 957; Code 1935, § 1069; 23 Del. C. 1953, § 121; 62 Del. Laws, c. 105, § 7 ; 69 Del. Laws, c. 20, § 15 ; 70 Del. Laws, c. 186, § 1