PILOTS

M.G.L. pt. Part I, tit. Title XV, ch. c. 103

in effect

M.G.L. c. 103, § 1 Pilot districts

c. 103, § 1. Pilot districts Section 1. For the purposes of this chapter the shore line of the commonwealth shall be divided into four districts. District one shall be the harbor of Boston and shall include all places or landings accessible to vessels from the sea within the limits of Egg Rock, now or formerly known as Nahant Rock or Nahant Head, on the north, and Point Allerton on the south. District two shall include all landing places accessible to vessels from the sea situated between the New Hampshire state line on the north and Egg Rock on the south, including rivers, bays and sounds adjacent thereto. District three shall include all landing places accessible to vessels from the sea situated between Point Allerton on the north and the Rhode Island state line on the west, with all such landing places on the Elizabeth Islands and in the counties of Nantucket and Dukes, including rivers, bays and sounds adjacent thereto, and the Cape Cod canal. District four shall include all landing places on Mount Hope bay and the Taunton river situated within the commonwealth.

M.G.L. c. 103, § 1A Definition

c. 103, § 1A. Definition Section 1A. As used in this chapter the following words shall, unless the context clearly requires otherwise, have the following meaning: ''Area of special interest'', any water of the commonwealth that is found by the secretary of environmental affairs to contain 1 or more immobile obstacles to navigation, abut or include areas of critical environmental concern, are designated as an estuary of national significance, abut or include habitat for endangered species, abut or include public recreation areas, support shell fishing, fin fishing or tourist industries, or abut or include sensitive public safety areas. Such waters include but are not limited to Buzzards Bay, Vineyard Sound, Mount Hope Bay.

M.G.L. c. 103, § 2 Commissioners and deputy commissioners of pilots; appointment

c. 103, § 2. Commissioners and deputy commissioners of pilots; appointment Section 2. There shall be two commissioners of pilots for district one and one deputy commissioner of pilots for each of the other three districts. On or before December first in any year when their terms of office expire, their successors shall be appointed by the governor, with the advice and consent of the council, for terms of three years. A deputy commissioner of pilots for any district shall be a resident of a town having a landing place accessible to vessels from the sea situated within that district. In this chapter, the word ''commissioners'' shall be held to mean, as to district one, the commissioners of pilots for said district and, as to each other district mentioned in section one, the deputy commissioner of pilots for such district. They shall have experience in maritime and nautical affairs. Appointments of commissioners for district one shall be made upon the recommendation of the trustees of the Boston Marine Society provided such recommendation is made. Appointments of commissioners for districts other than district one may be made upon the recommendation of said trustees. No commissioner for any district shall be such a trustee.

M.G.L. c. 103, § 3 Powers and duties of commissioners

c. 103, § 3. Powers and duties of commissioners Section 3. The commissioners, subject to the approval of the trustees of said society, shall formulate rules and regulations for pilotage. The commissioners also, in accordance with such rules and regulations, shall grant commissions as pilots for their districts or for special locations therein, to such persons as they consider competent; provided that for district one such persons shall first be approved by said trustees. The commissioners may, upon satisfactory evidence of his misconduct, carelessness or neglect of duty, suspend any such pilot until the next meeting of said trustees and may thereafter continue such suspension until the close of the next stated meeting of said trustees, but no longer for the same offense. If said trustees decide at either of said meetings that the commission of such pilot ought to be revoked, the commissioners may revoke it at any time after said decision is rendered and before it is reversed. The commissioners shall cause the laws and regulations for pilotage within their district to be duly observed and executed, and shall receive, hear and determine complaints by and against pilots for said district.

M.G.L. c. 103, § 3A Adoption of regulations relating to applications by members of uniformed services; credit for military sea service and time served on active duty

c. 103, § 3A. Adoption of regulations relating to applications by members of uniformed services; credit for military sea service and time served on active duty Section 3A. In determining the eligibility of applicants for consideration for appointment to any status as pilot candidate or for a warrant or full branch pilot commission, the pilot commissioners shall adopt regulations allowing applicants who are members of any uniformed service of the United States to apply as credit any time during which the applicant has served on active duty and the time accrued shall be applied as experience toward the applicant's required experience. Military sea service in command of a vessel shall be applied as credit toward any requirements for service in the capacity of master. Military sea service as second-in-command of a vessel shall be applied as credit toward any requirements for service in the capacity of chief mate. Military sea service in a capacity as an officer in charge of a navigational bridge watch shall be applied as credit toward any sea service requirements other than those in the capacity of master or chief mate. No person's status as a veteran or as a military reservist, and no person's susceptibility to recall to military active duty, shall diminish the person's eligibility for selection for pilot candidate training or for warrant or full branch pilot commission.

M.G.L. c. 103, § 4 Secretary to commissioners of district one; appointment; duties

c. 103, § 4. Secretary to commissioners of district one; appointment; duties Section 4. The commissioners of district one shall appoint a secretary who shall keep an office and attend the same during the day to receive complaints by and against the pilots for said district, and who shall keep a fair record of his doings which shall be open at all times for examination.

M.G.L. c. 103, § 5 Accounts of pilots; payment of pilotage fees to commissioners; compensation of commissioners; reimbursement for travel and other reasonable expenses

c. 103, § 5. Accounts of pilots; payment of pilotage fees to commissioners; compensation of commissioners; reimbursement for travel and other reasonable expenses Section 5. Once in every three months each pilot shall render to the commissioners for his district an accurate account of all vessels piloted by him and of all money received for pilotage by him or by any person for him, and shall pay to the said commissioners four per cent of the amount thereof, except in district one, wherein each pilot or any person for him, shall pay to said commissioners two per cent of the amount thereof, and if he makes a false return of money received he shall pay to them not more than fifty dollars. The trustees of the Boston Marine Society shall fix the compensation of the commissioners and their allowance for office rent, clerk hire and incidental expenses, which shall be paid out of the amounts so paid to the commissioners, and the surplus, if any, shall be paid to said society. The Boston Marine Society shall reimburse the members of the state pilotage rate board established in section 31A for travel and other reasonable expenses associated with the duties of the members of the board.

M.G.L. c. 103, § 6 Bonds of pilots

c. 103, § 6. Bonds of pilots Section 6. No person shall receive a commission or exercise the office of pilot until he has given to the state treasurer a bond with two sureties, approved by the commissioners, or a surety bond of a surety company authorized to transact business in the commonwealth, in the penal sum of one thousand dollars, conditioned on the faithful performance of the duties of his office and the payment of all damages accruing from his negligence, unskillfulness or unfaithfulness.

M.G.L. c. 103, § 15 Discharge of surety on bond; notice

c. 103, § 15. Discharge of surety on bond; notice Section 15. A surety upon the bond of a pilot desiring to be discharged from liability thereon shall give notice thereof to the commissioners, and shall also give written notice to such pilot, which may be served by a constable, and shall, with the return of the constable thereon, be filed with the state treasurer, and at the expiration of thirty days therefrom, the liability of such surety for the subsequent acts of said pilot shall cease. If a pilot so notified fails to furnish a new bond before the expiration of said thirty days, his commission shall be void.

M.G.L. c. 103, § 16 New bonds of pilots

c. 103, § 16. New bonds of pilots Section 16. A pilot, in case of the decease, insolvency or bankruptcy of a surety upon his bond, shall give notice thereof to the commissioners. In such a case, or whenever a pilot's bond appears to the commissioners to be insufficient, he shall give a new bond.

M.G.L. c. 103, § 17 Lien of pilots for fees

c. 103, § 17. Lien of pilots for fees Section 17. A pilot shall have a lien for his pilotage fees upon the hull and appurtenances of every vessel liable to him therefor under this chapter for sixty days after the completion of his services; but the lien shall not be enforced until approved by the commissioners.

M.G.L. c. 103, § 18 Liability of pilots

c. 103, § 18. Liability of pilots Section 18. A pilot shall be liable for all damages accruing from his negligence, unskillfulness or unfaithfulness.

M.G.L. c. 103, § 19 Exhibition of commission

c. 103, § 19. Exhibition of commission Section 19. A pilot shall, if so required, exhibit his commission to the master of any vessel of which he may take charge.

M.G.L. c. 103, § 20 Suspension or removal of pilots exceeding commission authority

c. 103, § 20. Suspension or removal of pilots exceeding commission authority Section 20. A pilot taking charge of a vessel drawing more water than his commission authorizes shall be suspended or removed.

M.G.L. c. 103, § 21 Vessels required to employ commissioned pilots; liability for rates; subject to regulations; commission as transit pilot

c. 103, § 21. Vessels required to employ commissioned pilots; liability for rates; subject to regulations; commission as transit pilot Section 21. Every foreign vessel of three hundred and fifty gross tons or over, every other United States vessel that is carrying oil, hazardous material, or hazardous waste in bulk as cargo in or entering upon areas of special interest within the waters of the commonwealth, every United States vessel under register of three hundred and fifty gross tons or over, and every other vessel not exempted by section twenty-eight or the laws of the United States, entering, departing in transit or shifting within the confines of any district of the commonwealth shall take and employ a pilot commissioned under this chapter, and shall be subject to the provisions of this chapter. Said vessel, its master, owner, agent or consignee shall be liable for and pay pilotage rates in accordance with the pilotage laws established under the provisions of this chapter. Said vessels shall be subject to regulations established by the pilot commissioners. Any persons duly licensed by the United States Coast Guard as mate or master of a United States steam or motor vessel, of unlimited gross tons upon oceans, with a United States Coast Guard first class pilot endorsement for the waters of Cape Cod Bay, Cape Cod Canal, Buzzards Bay, Nantucket Sound or Vineyard Sound, may apply to the district 3 commissioner of pilots for a transit commission to navigate in those waters. A person so applying shall present proof of 15 round trips as a pilot or as a pilot under instruction or equivalent transits over those waters within the past 3 years before the date of application, as well as any federal course certifications as may be required.

M.G.L. c. 103, § 28 Exemption of vessels from compulsory pilotage

c. 103, § 28. Exemption of vessels from compulsory pilotage Section 28. All coastwise vessels not sailing under register and not carrying oil, hazardous material or hazardous waste in bulk as cargo in or entering upon areas of special interest within the waters of the commonwealth, United States public vessels, and United States fishing vessels shall be exempt from compulsory pilotage; provided, however, that if any such vessel requests the aid of a pilot, he shall, when permitted by the laws of the United States, serve the same in like manner as vessels not exempt, and shall be entitled to regular compensation.

M.G.L. c. 103, § 31 Rates of pilotage; other charges

c. 103, § 31. Rates of pilotage; other charges Section 31. Rates of pilotage outward and inward for the port of Boston, calculated per foot of draught, shall be as follows: for vessels 3,500 gross tons or under $50.06 for vessels over 3,501 to 7,000 gross tons $65.30 for vessels over 7,001 to 15,000 gross tons $74.26 for vessels over 15,001 to 25,000 gross tons $77.76 for vessels over 25,001 to 35,000 gross tons $79.49 for vessels over 35,001 to 45,000 gross tons $81.71 for vessels over 45,001 to 55,000 gross tons $87.78 for vessels over 55,001 to 70,000 gross tons $92.78 for vessels over 70,001 to 85,000 gross tons $99.46 for vessels over 85,000 gross tons $106.13 Other charges shall be: (1) for detention of a pilot on board a vessel, there shall be a one hour free period, followed by a $100 charge for the second hour or portion thereof; for each additional hour or portion thereof there shall be a charge of $100. Detention time shall begin at the ordered sailing time; (2) cancellation rate, $400; (3) compass adjusting, $400; (4) calibration rate, $400; (5) when a pilot is ordered and dispatched for an arriving vessel and his services are not employed, the vessel shall pay a charge of $400, but a pilot shall be considered ordered unless notified: 3 hours before sailing time in Boston; 3 hours before sailing time in Quincy, anchorage number two or anchorage number five; (6) no charge shall be made for a vessel detained because of fog or stress of weather; (7) pilot carried away, the vessel shall pay his return expenses plus $200 per day; (8) notifying a vessel of his diversion orders, a charge of $100 may be levied plus any regular charges; (9) assisting the master in docking and undocking, $350; (10) all inbound vessels shall notify the pilot office eight hours before arrival time if such time varies more than two hours from their latest estimated time of arrival report; and (11) a surcharge shall be made on each full pilotage charge for the cost of a suitable replacement vessel for the Boston Pilot when it is deemed advisable by a condition survey of the vessel. The surcharge shall be $50 per full pilotage for all vessels 3,500 gross tons and under and $100 per full pilotage for all vessels over 3,500 gross tons. Any such surcharge funds collected shall be placed in an escrow fund which shall be overseen by the office of the commissioners of pilots and shall be used in addition to proceeds realized from the sale of a present pilot vessel. An audited statement of the fund shall be made available to industry representatives on a quarterly basis.

M.G.L. c. 103, § 31A Pilotage rate board

c. 103, § 31A. Pilotage rate board Section 31A. (a) There shall be a pilotage rate board which shall determine the rates to be charged by pilots commissioned under this chapter to ensure the safe navigation of vessels within the waters of the commonwealth and to ensure that the most qualified individuals are retained as commissioned pilots. (b) The board shall consist of the following members or their designees: the director of the Massachusetts Port Authority; the president of the Boston Marine Society; the president of the Boston Shipping Association; a commissioner of pilots designated by the trustees of the Boston Marine Society; the chair of the Seaport Advisory Council; the executive director of the Boston Harbor Association; and the executive director of the New Bedford Harbor Development Commission. The board shall elect a chairperson and a vice chairperson from its members. (c) The board shall be subject to section 11A1/2 of chapter 30A. (d) Four board members shall constitute a quorum. The board shall approve its actions by a majority vote. Board members may vote by proxy or by electronic means. (e) The board shall establish rates for pilotage within the waters of the commonwealth based upon prevailing rates in other similar ports, the need to retain the services of the best qualified harbor pilots available and other economic conditions that may affect the quality of pilotage services in the ports. (f) The board shall meet at least once annually in October on a date to be set by the chairperson but not later than October 15. The board may meet at other times as necessary to carry out its duties. (g) Board members shall serve without compensation but shall be reimbursed for travel and other reasonable expenses at the rate such expenses are reimbursed to full time employees of the commonwealth. Such reimbursement shall be paid by the Boston Marine Society from funds received pursuant to section 5. (h) Any decision of the board as to the rates for pilotage shall become effective within 60 days after the board's final decision on rates. (i) The board shall determine how the rates for pilotage shall be made available to the maritime industry.

M.G.L. c. 103, § 33 Failure of pilot to anchor vessels with alien passengers

c. 103, § 33. Failure of pilot to anchor vessels with alien passengers Section 33. A pilot failing to anchor a vessel carrying alien passengers or a vessel subject to quarantine at the place assigned by the proper authorities shall be suspended or removed.

M.G.L. c. 103, § 34 Controversies between pilots

c. 103, § 34. Controversies between pilots Section 34. All controversies between pilots relative to their mutual rights, privileges and duties shall be referred to and settled by three master pilots, to be chosen by the parties for the purpose.

M.G.L. c. 103, § 35 Persons acting as pilots

c. 103, § 35. Persons acting as pilots Section 35. No person unless he holds a commission as a pilot shall, if a commissioned pilot offers his services or can be obtained within a reasonable time, assume or continue to act as pilot in the charge or conduct of any vessel within the waters of this commonwealth, unless he is actually employed on such vessel for the voyage. Whoever violates the provisions of this section shall be punished by a fine of not less than five thousand nor more than ten thousand dollars.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter103Fetched: 10/20/2026