NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 558

SENATE BILL 701

 

 

AN ACT REWRITING G.S. 76-13 AND G.S. 76-14 RELATING TO THE FEES OF THE CAPE FEAR RIVER PILOTS.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 76-13 is hereby rewritten to read as follows:

"§ 76-13.  When employment compulsory. — All vessels, coastwise or foreign, over 60 gross tons, shall take a State-licensed pilot from sea to Southport, and from Southport to sea; the employment of pilots from Southport to Wilmington and from Wilmington to Southport is optional, but any vessel taking a pilot from Southport to Wilmington or from Wilmington to Southport shall employ a State-licensed pilot."

Sec. 2.  G.S. 76-14 is hereby rewritten to read as follows:

"§ 76-14.  Definitions; rates of pilotage. — (a) For purpose of this section the following definitions shall apply:

(1)        'Depth' is the vertical distance amidships from the top of the keel plate to the uppermost continuous deck, fore and aft, and which extends to the sides of the vessel. The continuity of a deck shall not be considered to be affected by the existence of tonnage openings, engine spaces or step in the deck.

(2)        'Extreme breadth' is the maximum distance between the outsides of the shell plating on either side of the vessel.

(3)        'Overall length' is the distance between forward and after extremities of the vessel.

(b)        All measurements shall be in United States measurements of feet and inches and shall be furnished to the pilot by the master of the vessel or his agent for the purpose of computation of pilotage fees. Failure to provide the required measurements shall subject the vessel to the maximum pilotage charge.

(c)        Pilotage charges for vessels inbound or outbound shall be based on 'Pilotage Units' which units shall be determined as follows: The product of the overall length times the extreme breadth times the depth divided by 10,000 shall equal the number of pilotage units.

The pilotage charges for an inbound trip or outbound trip shall be as follows.

1-24 pilotage units _______________________________ $120.00

25-49 pilotage units _______________________________ 140.00

50-74 pilotage units _______________________________ 160.00

75-125 pilotage units ______________________________ 200.00

Over 125 pilotage units ____________________________ 1-60 per pilotage unit

Provided, however, that there

shall be a maximum charge of _______________________ 495.00

(d)        The charge for towing vessels with a tow requiring one pilot shall be based on the largest vessel in the tow. The charge for towing vessels with a tow requiring two pilots (one on the towing vessel and one on the vessel in tow) shall be the regular pilotage fee for each vessel. The decision as to whether or not two pilots are required shall be in the discretion of the Wilmington Cape Fear Pilots Association.

(e)        Charge for a pilot's service for shifting any vessel shall be fifty dollars ($50.00). A vessel shifting 'dead' (without power) will be charged double the regular shifting fee.

(f)         The charge for detention of a pilot onboard because of weather conditions preventing pilot from being removed shall be fifty dollars ($50.00) per day of detention, plus the furnishing of quarters equal to those of a deck officer, plus the cost of first class transportation for a return trip to Wilmington.

(g)        A charge of twenty dollars ($20.00) shall be made for a cancellation not due to weather conditions when the cancellation is made less than two hours before the pilot was ordered to board the vessel. If there is a delay of more than one-half hour in sailing, not caused by weather conditions, a charge often dollars ($10.00) per hour, or fraction thereof, shall be made computed from the scheduled sailing time.

(h)        All vessels calling at either of the Cape Fear river ports which require pilotage will pay full pilotage rates regardless of which port or portion of a port at which they call.

(i)         The Board of Commissioners of Navigation and Pilotage for the Cape fear River and Bar shall be the sole arbitrators for any question arising concerning any pilotage charge and its decision shall be final and binding on all parties."

Sec. 3.  This act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 14th day of June, 1971.