§ 88 — Pilotage at Sandy Hook, Sands Point or Execution Rocks; rates

New York § 88

• Jurisdiction: New York
• Law NAV: Navigation
• Art. 6: Pilots and Pilotage Fees, Port of New York

Text

§ 88. Pilotage at Sandy Hook, Sands Point or Execution Rocks; rates.\n1. Every foreign vessel and every American vessel under register\nentering or departing from the Port of New York by the way of Sandy Hook\nor by the way of Sands Point or Execution Rocks, shall take a Sandy Hook\npilot licensed under the authority of this article or of the laws of the\nstate of New Jersey or a person heretofore licensed as a Hell Gate\npilot. Notwithstanding the provisions of this subdivision, recreational\nvessels as defined in section 2101 (34) of title 46 of the United States\nCode of less than two hundred feet in length may be exempted from the\ncompulsory state pilotage requirement at the discretion of the board of\ncommissioners of pilots. Whenever the services of such a pilot are\nrefused, the master, owners or consignees, shall pay pilotage as if one\nhad been employed. Such pilotage shall be paid to the pilot first\nspeaking or offering his services as pilot to such vessel. The pilotage\nauthorized to be collected whenever a pilot shall be refused by a vessel\nshall be sued for and recovered in the name of the pilot tendering such\nservice. Such pilotage, when recovered, shall belong to and may be\nretained by such pilot for his own benefit and use. Recreational vessels\nas defined in section 2101 (34) of title 46 of the United States Code\nmay be exempted from the compulsory state pilotage requirement pursuant\nto this subdivision at the discretion of the board of commissioners of\npilots.\n 2. It shall be unlawful for any person not licensed as a Sandy Hook\npilot under this article, or under the laws of the state of New Jersey\nor a person heretofore licensed as a Hell Gate pilot, to pilot or offer\nto pilot any foreign vessel or vessel from a foreign port or any vessel\nsailing under register to or from the port of New York, by the way of\nSandy Hook or by the way of Sands Point or Execution Rocks, and it shall\nlikewise be unlawful for any master or person on board a tug or tow-boat\nto tow such a vessel to or from the port of New York by the way of Sandy\nHook or by the way of Sands Point or Execution Rocks unless such vessel\nshall have on board a Sandy Hook pilot licensed under this article or\nunder the laws of the state of New Jersey.\n 3. Violation of subdivision two of this section shall be a misdemeanor\npunishable by a fine not exceeding one hundred dollars or by\nimprisonment not exceeding sixty days. Any person employing such an\nunlicensed person to act as pilot shall forfeit and pay the sum of one\nhundred dollars to the board of commissioners of pilots.\n 4. (a) Every foreign vessel and every American vessel under register\nentering or departing from the port of New York by the way of Sandy Hook\nor by the way of Sands Point or Execution Rocks shall be subject to\npilotage fees, at the rates hereinafter specified, at the time of her\nentrance or departure. If such pilot at the request of the master, owner\nor consignee of any inbound vessel or at the request of the agent\nentering such vessel at the port of New York anchors or moors such\nvessel at any place inside of Sandy Hook or inside of Sands Point or\nExecution Rocks, or if such vessel be detained at quarantine, the same\npilotage fees shall be payable and the pilot entitled to his discharge.\n (b) The following scale of charges shall be applicable:\n (1) Upon the effective date of this paragraph and thereafter:\n (i) The following rate table shall be used to calculate pilotage fees\nby multiplying total pilotage units per vessel by the designated factor,\nthen adding or subtracting the designated adjustment:\n PILOTAGE UNITS FACTOR ADJUSTMENT\n 0 to 24.99 0 +455\n 25 to 49.99 0 +568\n 50 to 99.99 0 +710\n 100 to 299.99 7.65 -55\n 300 to 474.99 6.89 +173\n 475 and over 0.91 +3014\n The pilotage fee charged shall be the fee calculated pursuant to the\nrate table in this section plus seven and one-half (7.5%) percent of the\ncalculated fee.\n (ii) On and after the date of receipt, by the board of commissioners\nof pilots of a joint request from the united New York Sandy Hook pilots'\nbenevolent association and the united New Jersey Sandy Hook pilots'\nbenevolent association, pilotage fees shall be calculated pursuant to\nthis subparagraph. Such request shall be provided to the board of\ncommissioners of pilots within ten days of approval by the membership of\nthe united New York Sandy Hook pilots' benevolent association and the\nunited New Jersey Sandy Hook pilots' benevolent association of\namendments to the articles of association consistent with this\nsubparagraph on or before December thirty-first, two thousand six.\n 1. (A) (i) The following rate table shall be used to calculate base\npilotage tariffs:\n PILOTAGE UNITS (P.U.) TARIFF\n 0 to 24.99 $800\n 25 to 49.99 $942\n 50 to 99.99 $1163\n 100 to 499.99 $(11.72 x P.U.)\n 500 to 1649.99 $((P.U. - 500) x 1.57) + 5860\n 1650 and up $((P.U. - 1650) x 3.74) + 7745\n (ii) Effective January first, two thousand twenty-three, the following\nrate table shall be used to calculate base pilotage tariffs:\n 0 to 24.99 $824\n 25 to 49.99 $970\n 50 to 99.99 $1198\n 100 to 499.99 $(12.07 x P.U.)\n 500 to 1649.99 $((P.U. - 500) x 1.62) + 6036\n 1650 and up $((P.U. - 1650) x 3.85) + 7986\n (iii) Effective January first, two thousand twenty-four, the following\nrate table shall be used to calculate base pilotage tariffs:\n 0 to 24.99 $849\n 25 to 49.99 $999\n 50 to 99.99 $1234\n 100 to 499.99 $(12.43 x P.U.)\n 500 to 1649.99 $((P.U. - 500) x 1.67) + 6217\n 1650 and up $((P.U. - 1650) x 4.70) + 8225\n (iv) Effective January first, two thousand twenty-five, the following\nrate table shall be used to calculate base pilotage tariffs:\n 0 to 24.99 $874\n 25 to 49.99 $1029\n 50 to 99.99 $1271\n 100 to 499.99 $(12.81 x P.U.)\n 500 to 1649.99 $((P.U. - 500) x 1.72) + 6403\n 1650 and up $((P.U. - 1650) x 4.85) + 8472\n (v) Effective January first, two thousand twenty-six, the following\nrate table shall be used to calculate base pilotage tariffs:\n 0 to 24.99 $900\n 25 to 49.99 $1060\n 50 to 99.99 $1309\n 100 to 499.99 $(13.19 x P.U.)\n 500 to 1649.99 $((P.U. - 500) x 1.77) + 6595\n 1650 and up $((P.U. - 1650) x 5.00) + 8726\n (vi) Effective January first, two thousand twenty-seven, the following\nrate table shall be used to calculate base pilotage tariffs:\n 0 to 24.99 $927\n 25 to 49.99 $1092\n 50 to 99.99 $1348\n 100 to 499.99 $(13.59 x P.U.)\n 500 to 1649.99 $((P.U. - 500) x 1.82) + 6793\n 1650 and up $((P.U. - 1650) x 5.15) + 8988\n (B) i. In addition to the base pilotage tariffs set forth in item (A)\nof this subclause, there is hereby established a surcharge on every\nforeign vessel and every American vessel under register entering or\ndeparting from the port of New York by the way of Sandy Hook or by the\nway of Sands Point or Execution Rocks. Such surcharge, as determined\nquarterly by the Sandy Hook pilot's surcharge board, shall be imposed\nfor the exclusive purpose of the funding, on a sound actuarial basis,\nthe retirement benefits for Sandy Hook pilots', described below, and a\ncontribution per active Sandy Hook pilot equivalent to twelve percent of\neach Sandy Hook pilot's earnings from service as a Sandy Hook pilot\nbased upon the base pilotage tariffs set forth in item (A) of this\nsubclause to fund a future pension, in whole or in part, or any other\nreplacement plan approved by the Sandy Hook pilots' surcharge board and\nestablished from time to time for the benefit of Sandy Hook pilots as a\nqualified plan under the Internal Revenue Code of 1986, as amended, as\nmore specifically described in subclause six of this clause. The amount\nof the surcharge set forth herein shall not exceed the greater of\nthirty-five percent of the sum of the base pilotage tariffs set forth in\nitem (A) of this subclause and the surcharge set forth in this\nsubparagraph; or seven million nine hundred thousand dollars\n($7,900,000) in any calendar year.\n ii. The Sandy Hook pilots' surcharge board shall consist of four\nmembers. Such board shall be composed of the president of the board of\ncommissioners of pilots of the state of New York, or his designee from\nthe board of commissioners, the president of the united New York Sandy\nHook pilots benevolent association, or his designee who must be a member\nof such association, the president of the board of commissioners of\npilots of the state of New Jersey, or his designee from the board of\ncommissioners, and the president of the United New Jersey Sandy Hook\npilots benevolent association, or his designee who must be a member of\nsuch association. The president of the board of commissioners of pilots\nof the state of New Jersey and the president of the United New Jersey\nSandy Hook pilots benevolent association may decline to be part of said\nBoard, whereupon the position shall be filled by a member of the board\nof commissioners of pilots of New York so appointed by the president,\nand/or a member of the United New York Sandy Hook pilots' benevolent\nassociation so appointed by the president of the association. The fifth\nmember, if necessary, shall be appointed by a majority of the\naforementioned four members from a list submitted by the American\narbitration association from its lists of commercial arbitrators. If,\nafter submission of such list, a majority of the abovementioned four\nmembers fail to agree upon a single arbitrator as the "fifth member",\nthen the American arbitration association shall be authorized to select\nand submit the name of the "fifth member" for appointment. Such "fifth\nmember" shall be appointed within ten days of a deadlocked vote of the\nSandy Hook pilot surcharge board. Such aforementioned members shall vote\nat meetings called upon written notice mailed seven calendar days in\nadvance of the meeting, to determine the rate of surcharge, assisted as\nnecessary by qualified actuaries or accountants, authorized hereby in\nsubitem i of this item during each calendar quarter in time sufficient\nfor such surcharge to be in effect on the following January first, April\nfirst, July first, and October first of each year and as authorized in\nparagraph (e) of this subdivision during each calendar year in time\nsufficient for such surcharge to be in effect on the following July\nfirst of each year. When the Sandy Hook pilot surcharge board is\noperating as authorized in paragraph (e) of this subdivision, an\nadditional member, appointed by the governor to represent the interests\nof the shipping industry shall serve on the board. Such additional\nmember, upon appointment by the governor, shall serve in such capacity\nat the pleasure of the governor and until a replacement is appointed by\nthe governor. Written notice of meetings may be waived if done so with\nunanimous consent of all board members. Members of the Sandy Hook pilot\nsurcharge board shall be subject to section seventeen of the public\nofficers law.\n iii. The amount of the surcharge described in subitem i of this item\non the date pilotage rates are computed pursuant to subitem ii of this\nitem shall be:\n PILOTAGE UNITS TARIFF\n 0 to 24.99 $150.60\n 25 to 49.99 $179.00\n 50 to 99.99 $220.50\n 100 to 299.99 $((2.37x P.U.)-15\n 300 to 474.99 $((2.14x P.U.)+53)\n 475 and up $((0.29x P.U.)+935)\n (C) The scale of charges set forth in this clause is deemed a pilotage\nfee and shall be subject to the provisions of section ninety-five of\nthis article.\n (D) Every foreign vessel and every American vessel under register\nentering or departing from the Port of New York by the way of Sandy Hook\nor by the way of Sands Point or Execution Rocks making more than ten\nport calls per month shall receive a discount of fifty percent of the\ncharges set forth in items (A) and (B) of this subclause for each port\ncall in excess of ten. This discount is to be calculated for each\ncalendar month.\n 2. (A) All retirement assets shall be used exclusively to pay a yearly\ntarget retirement benefit to (aa) Sandy Hook pilots active on the date\npilotage rates are computed pursuant to this clause and thereafter, upon\nretirement on or after the age of sixty, or sick retirement; (bb)\nretired pilots or pilots receiving sick retirement benefits on the date\nof adoption; and (cc) to surviving spouses of pilots, as provided for\nbelow.\n (B) No individual other than those specified in item (A) of this\nsubclause shall be eligible for benefits pursuant to the surcharge\ndescribed in subitem i of item (B) of subclause one of this clause\nwithout the approval of the Sandy Hook pilots' surcharge board.\n (C) The funds generated by the surcharge imposed by subitem i of item\n(B) of subclause one of this clause and item (A) of subclause one of\nthis clause shall be administered by the joint board of trustees, or any\nsuccessors thereto, of the united New York Sandy Hook pilots' benevolent\nassociation and the united New Jersey Sandy Hook pilots' benevolent\nassociation, or any successors thereto.\n (D) The surcharges pursuant to subitem i of item (B) of subclause one\nof this clause and item (A) of subclause one of this clause, shall be\ncollected by the agent of the Sandy Hook pilots. Funds generated for\nthese purposes shall be audited annually by the Surcharge Board to\nensure proper funding for the purposes set forth in subitem i of item\n(B) of subclause one of this clause.\n 3. (A) Each Sandy Hook pilot active on the date pilotage rates are\ncomputed pursuant to this clause who retires or becomes eligible for\nsick retirement benefits shall receive, a target yearly benefit computed\nas a single life annuity, initially equal to fifty percent (50%) of the\namount which is equal to the highest earnings from service as a full\nbranch Sandy Hook pilot based upon the base pilotage tariffs set forth\nin item (A) of subclause one of this clause during the last three full\ncalendar years of service as an active Pilot prior to retirement,\nreduced as provided in subclause six of this clause and adjusted as\nprovided in subclause seven of this clause.\n (B) Each retired Sandy Hook pilot and each Sandy Hook pilot receiving\nsick retirement benefits on or after the date pilotage rates are\ncomputed pursuant to this clause shall receive a target yearly benefit\ncomputed as a single life annuity, initially equal to fifty percent of\nthe amount which is equal to the highest earnings from service of a full\nbranch Sandy Hook pilot during calendar year nineteen hundred\nninety-four as an active pilot, reduced by the amount determined for\nsuch year by the joint board of trustees to be set aside for each active\nSandy Hook pilot's retirement, and adjusted as provided in subclause\nseven of this clause.\n (C) Each Sandy Hook pilot who first entered service as a Sandy Hook\npilot after the date pilotage rates are computed pursuant to this\nclause, shall participate in such qualified retirement program as\nadopted by each such pilot and funded by such portion of the surcharge\nallocated thereto by the surcharge board to provide a contribution of an\namount equivalent to twelve percent of the earnings from service as an\nactive Sandy Hook pilot based upon the base pilotage tariffs set forth\nin item (A) of subclause one of this clause. Such amount shall be\ntransferred directly by the agent to such pilot's retirement account, it\nbeing understood that such pilot's entire retirement benefit will be\nprovided solely by the account balance of such retirement account on the\ndate of retirement. In addition, such surcharge shall be used to\npurchase life and disability insurance coverage from an insurance\ncompany selected by the joint board of trustees. Such disability\ninsurance shall provide a disability benefit computed as a single life\nannuity, equal to fifty percent (50%) of the amount which is equal to\nsuch pilot's earnings from service as an active Sandy Hook pilot based\nupon the base pilotage tariffs set forth in item (A) of subclause one of\nthis clause during the last full calendar year of service as an active\nSandy Hook pilot prior to disability, until the age of sixty. In the\nevent such disability insurance is unavailable, each such pilot eligible\nfor sick retirement benefits shall receive, a target yearly benefit\ncomputed as a single life annuity equal to the sum of ten percent of the\namount which is equal to the earnings from service as an active Sandy\nHook pilot based upon the base pilotage tariffs set forth in item (A) of\nsubclause one of this clause during the last full calendar year of\nservice as an active Sandy Hook pilot prior to disability and one and\nsixth-tenth percent (1.6%) for each year of service after the first year\nto a maximum of fifty percent of the amount which is equal to the\nearnings from service as an active Sandy Hook pilot based upon the base\npilotage tariffs set forth in item (A) of subclause one of this clause\nduring the last full calendar year of service as an active Sandy Hook\npilot prior to disability, until the age of sixty.\n 4. (A) A Sandy Hook pilot eligible for benefits set forth in item (A)\nof subclause three of this clause who retires, shall not be entitled to\ncommence receiving benefits until the commencement of the benefit\npayment period next following the date on which such pilot retired or\nbecame eligible for sick retirement benefits. For accounting purposes,\nthe benefit payment periods shall consist of a full calendar quarter\ncommencing on January first, April first, July first, and October first\nof each year, but the first payments of benefits shall be made during\nthe months of March, June, September, and December.\n (B) No retired Sandy Hook pilot shall commence receiving benefits\nuntil a properly completed resignation as an active pilot specifying a\nproposed date of retirement has been submitted in writing to the\nappropriate board of trustees, or successor thereto, prior to November\nfirst, if retirement is to become effective on the first day of the\nfollowing January; prior to February first, if retirement is to become\neffective on the first day of the following April; prior to May first,\nif retirement is to become effective on the first day of the following\nJuly; and, prior to August first, if retirement is to become effective\non the first day of the following October.\n (C) For the purpose of the computations described in item (A) of\nsubclause three of this clause service by a pilot of more than six\nmonths of such pilot's last calendar year as an active pilot shall be\nconsidered a full calendar year.\n (D) If a retired Sandy Hook pilot or a Sandy Hook pilot receiving sick\nretirement benefits dies without a surviving spouse, the balance of the\ntarget yearly pension benefit for the remainder of the benefit payment\nperiod shall be paid to the deceased pilot's estate or designated\nbeneficiary after which all rights to benefits shall terminate.\n 5. (A) The surviving spouse of a Sandy Hook pilot described in item\n(A) of subclause three of this clause who dies while in active service\nshall receive a target yearly pension benefit equal to fifty percent of\nthe amount which such deceased pilot would have received under item (A)\nof subclause three of this clause had retirement immediately preceded\nthe date of death, reduced as provided in subclause six of this clause\nand adjusted as provided in subclause seven of this clause.\n (B) With respect to Sandy Hook pilots described in items (A) and (B)\nof subclause three of this clause, the surviving spouse of a deceased\nretired Sandy Hook pilot or a deceased Sandy Hook pilot receiving sick\nretirement benefits on the date of death, shall receive a target yearly\nbenefit equal to the deceased pilot's benefit for the remainder of the\nbenefit payment period in which death occurred, and thereafter fifty\npercent (50%) of the amount received by the deceased pilot on the date\nof death, adjusted as provided in subclause seven of this clause.\n (C) Upon the death of the surviving spouse of a deceased Sandy Hook\npilot who was receiving benefits, the balance of the target yearly\npension benefit for the remainder of the benefit payment period shall be\npaid to the deceased surviving spouse's estate or designated beneficiary\nafter which all rights to benefits shall terminate.\n 6. The united New York Sandy Hook pilots' benevolent association and\nthe united New Jersey Sandy Hook pilots' benevolent association, or any\nsuccessors thereto, or the pilots individually shall adopt such other\nmoney purchase qualified plans under the Internal Revenue Code of 1986,\nas amended, as approved by the Sandy Hook pilots' surcharge board, the\npresent value of the aggregate contributions thereto provided through\nfunding under subitem i of item (B) of subclause one of this clause,\nadjusted annually on January first of each year to reflect the average\nthirty year treasury bond rate for the prior calendar year plus fifty\nbasis points and then restated as a single life annuity, shall offset\n(but not below zero) upon retiring from service as an active Sandy Hook\npilot on or after the age of sixty, or upon attaining the normal\nretirement age of sixty years for those pilots receiving a sick\nretirement benefit, the target yearly pension benefits payable under the\nplan from time to time to each beneficiary.\n 7. The joint board of trustees or any committee appointed thereby\nshall adjust the benefits described in items (A) and (B) of subclause\nthree of this clause by not more than one-half of the cumulative\nadjustment in the "Consumer Price Index - All Urban Consumers - (CPI-U)\nN.Y. - Northern N.J. - Long Island, NY-NJ-CT - All Items" on the earlier\nof each third anniversary of the date pilotage rates are computed\npursuant to this subparagraph or the date on which such consumer price\nindex increases by an increment of more than twelve percent (12%) from\nthe level in effect on the date (aa) pilotage rates are computed\npursuant to this subclause, or (bb) of any subsequent adjustment to such\nrates. These adjustments shall take place for a period of fifteen years\nfrom the date pilotage rates are computed pursuant to this subclause\nwith respect to pilots described in item (B) of subclause three of this\nclause and for a period of fifteen years from the date of retirement\nwith respect to pilots described in item (A) of subclause three of this\nclause. Adjustments granted to retired pilots or their surviving spouses\nretired less than the full three year interval between adjustments shall\nhave such adjustments pro-rated to the number of months they have been\nretired prior to such adjustment. The determination by the joint board\nof trustees or any committee appointed thereby of the amount of such\nadjustment shall be final.\n 8. In the event that in any calendar year the surcharge described in\nsubitem i of item (B) of subclause one of this clause is subject to the\nlimitation set forth in such subitem i the benefits payable under items\n(A), (B) and (C) of subclause three of this clause, items (A), (B) and\n(C) of subclause five of this clause and subclause six of this clause\nand the portion of the surcharge allocable thereto, shall be reduced\npro-rata. However, in the event of such pro-rata reduction, the joint\nboard of trustees shall arrange to fund out of the base pilotage tariffs\nset forth in item (A) of subclause one of this clause the twelve percent\ncontribution level contemplated in subitem i of item (B) of subclause\none of this clause. The joint board of trustees shall determine the\namount of such reductions and the amount of such funding out of base\npilotage tariffs, which determinations shall be final.\n 9. The joint board of trustees may, from time to time, adopt such\nregulations as are deemed appropriate to implement the provisions of\nthis clause.\n (2) "Pilotage Units" as used in this subdivision shall be determined\nby multiplying the overall length of the vessel by the extreme breadth\nby the depth to the uppermost continuous deck and dividing the total by\nten thousand, as expressed by the following formula:\n Overall Length x Extreme Breadth x Depth\n to Uppermost Continuous Deck\n ________________________________________\n 10,000\n equals Pilotage Units\n (c) Definitions. "Overall length" is the distance between the forward\nand after extremities of the vessel.\n "Extreme breadth" is the maximum breadth to the outside of the shell\nplating of the vessel.\n "Depth" is the vertical distance at amidships from the top of the keel\nplate to the uppermost continuous deck, fore and aft, and which extends\nto the sides of the vessel. The continuity of a deck shall not be\nconsidered to be affected by the existence of openings, including but\nnot limited to tonnage openings, engine spaces or a step in the deck.\n All measurements shall be in feet and inches (U.S.).\n The board of commissioners of pilots shall be the sole arbiter with\nrespect to a question concerning these definitions. The decision by the\nboard shall be final.\n (d) The measurements of overall length, extreme breadth, and depth, as\npreviously defined, shall be made available to the pilot by the master\nor his agent for the purpose of computation of pilotage fees. Failure to\nprovide the measurements so required shall subject the vessel to the\nmaximum pilotage charge.\n (e) There is hereby created a segregated fund to be known as the\ncapital expense fund. Such segregated fund shall be initially funded by\nthe increase in the base pilotage tariff as set forth in item (A) of\nsubclause one of clause (ii) of subparagraph one of paragraph (b) of\nthis subdivision by not more than seventy-five dollars per ship. Such\nsurcharge, upon annual review and approval of the Sandy Hook pilots\nsurcharge board, shall be imposed and used for the purposes of funding,\nafter the payment of reasonable and necessary expenses, capital\nexpenditures including: the payment of outstanding debt related to the\nreengining of the pilot boat Sandy Hook; the payment of outstanding debt\nrelated to the rebuilding of the bulkhead and pier at the Sandy Hook\nPilot base at Staten Island, New York; the payment of outstanding debt\nrelated to and the extraordinary repairs to the pilot boat New York; to\nsecure four new pilot launches; and to fund all extraordinary capital\nexpenses (those beyond normal operating expenses) approved by the\nsurcharge board along with portable DGPS pilot units, if deemed\nappropriate by the surcharge board.\n Such surcharge may fund similar future expenditures upon annual review\nand approval of the Sandy Hook pilot surcharge board. The surcharge\nboard may set the rate not to exceed three hundred dollars per ship. The\nsurcharge board is hereby authorized to reduce or suspend payment of the\nsurcharge set forth herein to take into account any monies dedicated or\nawarded to the pilot capital needs from sources other than the tariff\nand surcharges set forth in this article.\n