Revised Code of Washington
Chapter 88.16 - Pilotage Act.
88.16.133 - Deviations from state law—Duty to submit pilot's report.

RCW 88.16.133
Deviations from state law—Duty to submit pilot's report.

A master, pilot, or pilot trainee who deviates from the provisions of this chapter or Title 363 WAC in order to comply with any federal or international law or treaty, such as 46 U.S.C. Sec. 2304 et seq., or any other provision of law of the state, or who deviates in order to ensure the safety of the vessel or its crew under the control of the master, pilot, or pilot trainee, shall submit a pilot's report of marine safety occurrence as prescribed by the board of pilotage commissioners in WAC 363-116-200 in the case of a near-miss occurrence. If the deviation occurred while the vessel was operating under the control of a pilot or pilot trainee licensed in this state, then the report must be submitted by the pilot or pilot trainee with input provided by the master. The report must describe the circumstances leading to the deviation from the provisions of this chapter and the consequences of that deviation. If the consequences of the deviation include an incident as defined in WAC 363-116-200, then the pilot's report of marine safety occurrence must be submitted in addition to any reports required as a result of the incident. The board shall investigate the circumstances surrounding the deviation and, if the facts of the situation so warrant, may waive enforcement action against the master, pilot, or pilot trainee if the board finds that the deviation was: Taken in order to comply with any other law that may have precedence; required by the ordinary practice of seamen; or justified by the special circumstances of the case.

[ 2008 c 128 § 15.]

Structure Revised Code of Washington

Revised Code of Washington

Title 88 - Navigation and Harbor Improvements

Chapter 88.16 - Pilotage Act.

88.16.005 - Legislative declaration of policy and intent.

88.16.010 - Board of pilotage commissioners—Created—Chairperson—Members—Terms—Qualifications—Vacancies—Quorum.

88.16.020 - Board of pilotage commissioners—Office—Compensation and travel expenses of members—Employment of personnel.

88.16.035 - Board of pilotage commissioners—Powers and duties.

88.16.040 - Oaths and subpoenas—Compelling attendance of witnesses—Contempt.

88.16.050 - Pilotage districts and waters affected.

88.16.055 - Utilities and transportation commission to establish pilotage tariffs for pilotage services—Extra compensation, consideration of pilot retirement expenses incurred in prior year—Submission of statutory changes—Report.

88.16.061 - Pilotage account.

88.16.070 - Vessels exempted and included under chapter—Fee—Penalty.

88.16.090 - Pilot and pilot trainee licenses—Qualifications—Duration—Annual fee—Examinations and evaluations—Training program and license—Penalty—Reporting requirements.

88.16.100 - Pilots' licenses—Revocation, suspension, etc., of—Reprimand or fine—Other disciplinary actions—Procedure—Judicial review.

88.16.102 - Pilots' licenses—Mandatory termination of.

88.16.103 - Mandatory rest periods for pilots—Rules—Assignment refusal—Training program trips by pilot trainees—Quarterly review.

88.16.105 - Size and type of vessels prescribed for newly licensed pilot—Rules.

88.16.107 - Pilots or pilot trainees may testify without sanctions for doing so.

88.16.110 - Pilots to file quarterly report—Contents.

88.16.115 - Limiting liability of pilots and any countywide port district in Grays Harbor pilotage district—Deemed in public interest.

88.16.118 - Limited liability of pilots and pilot trainees—Liability of vessel, owner, or operator not limited.

88.16.120 - Failure to observe pilotage rate—Penalty.

88.16.130 - Unlicensed pilot liable for payment of rates—Penalty for refusing to employ licensed pilot.

88.16.133 - Deviations from state law—Duty to submit pilot's report.

88.16.135 - Assignment of pilots to vessels—Request that pilot not be assigned—Hearing on request.

88.16.140 - Pilot's lien for compensation.

88.16.150 - General penalty—Civil penalty—Jurisdiction—Disposition of fines—Failure to inform of special directions, gross misdemeanor.

88.16.155 - Vessel master to make certification before pilotage service offered—Procedure upon refusal—Rules—Penalties—Exception.

88.16.160 - Severability and short title.

88.16.170 - Oil tankers—Intent and purpose.

88.16.180 - Oil tankers—State licensed pilot required.

88.16.190 - Oil tankers—Restricted waters—Requirements.

88.16.195 - Oil tankers—Not to exceed speed of escorting tug.

88.16.200 - Vessel designed to carry liquefied natural or petroleum gas to adhere to oil tanker provisions.

88.16.250 - Board of pilotage commissioners authorized to adopt rules—Grays Harbor pilotage district—Tug escort requirements/safety measures for certain oil tankers.

88.16.260 - Board of pilotage commissioners authorized to adopt rules in consultation with other entities—Tug escorts.