Oregon Revised Statutes

Chapter 776 — Maritime Pilots and Pilotage

85 sections

776.010 [Repealed by 1957 c.448 §27]repealed

No operative statutory text appears at this designation in the selected edition.

776.015 Definitions

As used in this chapter, unless the context requires otherwise: “Board” means the Oregon Board of Maritime Pilots. “Licensee” means an individual licensed under ORS 776.115. “Organization of pilots” means any legal entity or association to which licensees belong as members, or with which licensees are associated, that is formed for cooperative performance…

776.020 [Repealed by 1957 c.448 §27]repealed

No operative statutory text appears at this designation in the selected edition.

776.025 Description of bar and river pilotage grounds

Except as may be established by the Oregon Board of Maritime Pilots under ORS 776.115 (3), bar and river pilotage grounds shall be as follows: The Columbia River bar pilotage ground extends from a line across the Columbia River along 123° 44:MIN. 00:MIN2. west longitude, then downstream to the open ocean at the entrance to the Columbia River, and includes t…

776.028 Columbia River bar precautionary zone

The Columbia River bar precautionary zone is established. The Columbia River bar precautionary zone extends seaward of the Columbia River bar pilotage ground, lying between the western boundary of the Columbia River bar pilotage ground, and the line drawn as follows: Beginning on shore at a point that is 46° 26:MIN. 00:MIN2. north latitude, 124° 03:MIN. 24:M…

776.030 [Repealed by 1957 c.448 §27]repealed

No operative statutory text appears at this designation in the selected edition.

776.035 Findings

The Legislative Assembly finds that: In order to implement the policies described and inherent in ORS 196.420, 273.553, 465.205, 466.010 and 468B.015 and ORS chapter 274, it is necessary to establish precautionary measures. Only individuals who have experience and can demonstrate knowledge of currents, tides, soundings, bearings and distances of the shoals…

776.040 [Repealed by 1957 c.448 §27]repealed

No operative statutory text appears at this designation in the selected edition.

776.045 Deck officer requirements

All vessels required by ORS 776.405 (1) to engage a licensee under this chapter shall, at all times while underway upon any of the pilotage grounds established under ORS 776.025 or 776.115, have at least two licensed deck officers on the navigation bridge of the vessel, one of whom meets the requirements of ORS 776.405 (1). The only duties of the licensed d…

776.050 [Repealed by 1957 c.448 §27]repealed

No operative statutory text appears at this designation in the selected edition.

776.060 [Repealed by 1957 c.448 §27]repealed

No operative statutory text appears at this designation in the selected edition.

776.070 [Repealed by 1957 c.448 §27]repealed

No operative statutory text appears at this designation in the selected edition.

776.080 [Repealed by 1957 c.448 §27]repealed

No operative statutory text appears at this designation in the selected edition.

776.090 [Repealed by 1957 c.448 §27]repealed

No operative statutory text appears at this designation in the selected edition.

776.100 [Repealed by 1957 c.448 §27]repealed

No operative statutory text appears at this designation in the selected edition.

776.105 Oregon Board of Maritime Pilots; term; qualifications; appointment; quorum

The Oregon Board of Maritime Pilots is established within the Public Utility Commission of Oregon, and shall consist of nine members appointed by the Governor for terms of four years. The appointments of members of the board are subject to confirmation by the Senate in the manner prescribed in ORS 171.562 and 171.565. Three members of the board shall be pub…

776.110 [Repealed by 1957 c.448 §27]repealed

No operative statutory text appears at this designation in the selected edition.

776.115 Powers and duties of board; rules; fees

The Oregon Board of Maritime Pilots shall: Fix the manner of calling and fixing the places of meetings and hold at least one meeting each calendar year. Provide for efficient and competent pilotage service on all pilotage grounds, and regulate and limit the number of licensees and trainees under this chapter, such number of licensees and trainees to be reg…

776.118 Additional authority of board

In addition to its authority under ORS 776.115, the Oregon Board of Maritime Pilots may: Establish pilotage requirements for all single boiler or single engine and single screw tank vessels carrying oil in pilotage grounds; Review and, if appropriate, reduce deadweight tonnage specifications for pilotage service for vessels carrying oil; Establish regiona…

776.120 [Repealed by 1957 c.448 §27]repealed

No operative statutory text appears at this designation in the selected edition.

776.123 Subpoenas

The Oregon Board of Maritime Pilots may issue subpoenas to compel the attendance of witnesses and the production of records, documents, books, papers, memoranda or other information necessary to conduct an investigation under ORS 776.115, 776.375 or 776.405. If a person fails to comply with a subpoena issued under this section, a judge of the circuit court,…

776.125 [1957 c.448 §5; repealed by 1993 c.796 §23]repealed

No operative statutory text appears at this designation in the selected edition.

776.126 Inspection of premises, ship or facility

When conducting an investigation under ORS 776.115, 776.375 or 776.405, the Oregon Board of Maritime Pilots or its authorized representative may enter and investigate a premises, ship or facility. When conducting an investigation under subsection (1) of this section, the board or its authorized representative may: Examine the records, documents, books, pap…

776.129 Administrative law judge for rate hearings; recommendations from other agencies; assessing costs and expenses of hearing

When the Oregon Board of Maritime Pilots establishes rates described in ORS 776.115 (5), the board shall contract with and compensate the Public Utility Commission of Oregon for the use of administrative law judges assigned by the commission to conduct the rate proceeding. Notwithstanding ORS 183.413 to 183.470, an administrative law judge shall conduct the …

776.130 [Repealed by 1957 c.448 §27]repealed

No operative statutory text appears at this designation in the selected edition.

776.135 [Subsection (1) enacted as part of 1957 c.448 §5; subsection (2) enacted as 1957 c.448 §24; 1971 c.734 §184; 1983 c.313 §1; repealed by 1993 c.796 §23]repealed

No operative statutory text appears at this designation in the selected edition.

776.140 [Repealed by 1957 c.448 §27]repealed

No operative statutory text appears at this designation in the selected edition.

776.145 [1957 c.448 §6; repealed by 1971 c.734 §21]repealed

No operative statutory text appears at this designation in the selected edition.

776.150 [Repealed by 1957 c.448 §27]repealed

No operative statutory text appears at this designation in the selected edition.

776.155 [1957 c.448 §7; repealed by 1971 c.734 §21]repealed

No operative statutory text appears at this designation in the selected edition.

776.160 [Repealed by 1957 c.448 §27]repealed

No operative statutory text appears at this designation in the selected edition.

776.165 [1957 c.448 §8; repealed by 1971 c.734 §21]repealed

No operative statutory text appears at this designation in the selected edition.

776.170 [Repealed by 1957 c.448 §27]repealed

No operative statutory text appears at this designation in the selected edition.

776.175 [1957 c.448 §9; repealed by 1971 c.734 §21]repealed

No operative statutory text appears at this designation in the selected edition.

776.185 [1957 c.448 §10; repealed by 1971 c.734 §21]repealed

No operative statutory text appears at this designation in the selected edition.

776.195 [1957 c.448 §11; repealed by 1971 c.734 §21]repealed

No operative statutory text appears at this designation in the selected edition.

776.205 [1957 c.448 §12; repealed by 1971 c.734 §21]repealed

No operative statutory text appears at this designation in the selected edition.

776.300 Trainee license; qualifications; assignment for training; rules

No person shall be licensed as a trainee under this chapter unless the person meets the experience and educational requirements established by the Oregon Board of Maritime Pilots by rule including provisions pursuant to a program to carry out ORS 243.305 and 776.115 (2). The board shall assign trainees to organizations of pilots licensed under ORS 776.311. …

776.305 [1957 c.448 §13; 1985 c.34 §1; repealed by 1993 c.796 §23]repealed

No operative statutory text appears at this designation in the selected edition.

776.310 [Repealed by 1957 c.448 §27]repealed

No operative statutory text appears at this designation in the selected edition.

776.311 Organizations licensed to train pilots

No organization of pilots shall be licensed to train persons to be pilots under this chapter unless the organization: Has members who are licensed to pilot under ORS 776.325; and Meets other requirements established by the Oregon Board of Maritime Pilots. The board shall license at least one pilot organization on each pilotage ground. Organizations of pi…

776.315 [1957 c.448 §14; 1985 c.32 §1; repealed by 1993 c.796 §23]repealed

No operative statutory text appears at this designation in the selected edition.

776.320 [Amended by 1953 c.140 §2; repealed by 1957 c.448 §27]repealed

No operative statutory text appears at this designation in the selected edition.

776.325 Qualifications of licensees

No person shall be licensed to pilot under this chapter unless the person: Was licensed as a trainee or licensee prior to submitting an application to be licensed to pilot and has met the training requirements established by the Oregon Board of Maritime Pilots; and Possesses the requisite skill and the experience as a navigator and pilot, as demonstrated b…

776.330 [Repealed by 1957 c.448 §27]repealed

No operative statutory text appears at this designation in the selected edition.

776.335 [1957 c.448 §16; repealed by 1993 c.796 §23]repealed

No operative statutory text appears at this designation in the selected edition.

776.340 [Repealed by 1953 c.297 §2]repealed

No operative statutory text appears at this designation in the selected edition.

776.345 [1957 c.448 §17; 1981 c.88 §13; 1983 c.313 §3; 1985 c.34 §2; repealed by 1993 c.796 §23]repealed

No operative statutory text appears at this designation in the selected edition.

776.350 [Repealed by 1957 c.448 §27]repealed

No operative statutory text appears at this designation in the selected edition.

776.355 License fees; rules

Except as provided in subsection (2) of this section, each licensee under this chapter shall pay an annual license fee to the Oregon Board of Maritime Pilots not to exceed the amount established under ORS 776.115. Subject to prior approval of the Oregon Department of Administrative Services, the amount of the fee shall be adjusted by the Oregon Board of Mari…

776.357 Maximum maritime pilot license fee

The maximum annual license fee for a maritime pilot is $2,500 for the biennium beginning July 1, 2007. The Oregon Board of Maritime Pilots shall adjust the amount of the maximum annual license fee for a maritime pilot for each subsequent biennium by a proportional amount equal to the percentage change in the 24-month period prior to the beginning of the bie…

776.360 [Repealed by 1957 c.448 §27]repealed

No operative statutory text appears at this designation in the selected edition.

776.365 Pilot Account; uses

The Pilot Account is established in the State Treasury, separate and distinct from the General Fund. All moneys received by the Oregon Board of Maritime Pilots under this chapter shall be deposited in the account. All moneys in the account are continuously appropriated to the board and the board may use the moneys only to carry out the duties, functions and …

776.370 [Repealed by 1957 c.448 §27]repealed

No operative statutory text appears at this designation in the selected edition.

776.375 Disciplinary proceedings; administrative procedures; judicial review

Where the Oregon Board of Maritime Pilots proposes to refuse to issue or renew a license to pilot, or proposes to revoke or suspend a license or proposes to issue a written reprimand, opportunity for hearing shall be accorded as provided in ORS chapter 183. Adoption of rules, conduct of hearings, issuance of orders and judicial review of rules and orders sh…

776.380 [Repealed by 1957 c.448 §27]repealed

No operative statutory text appears at this designation in the selected edition.

776.390 [Repealed by 1957 c.448 §27]repealed

No operative statutory text appears at this designation in the selected edition.

776.400 [Repealed by 1957 c.448 §27]repealed

No operative statutory text appears at this designation in the selected edition.

776.405 License required; exemptions

Except as set forth in paragraph (c) of this subsection, a person may not pilot any vessel upon any of the pilotage grounds established under ORS 776.025 or 776.115 without being a licensee under this chapter or a trainee under the onboard supervision of a licensee under this chapter. Except as set forth in paragraph (c) of this subsection, a person may not…

776.410 [Amended by 1955 c.558 §1; repealed by 1957 c.448 §27]repealed

No operative statutory text appears at this designation in the selected edition.

776.415 Compensation of licensees determined by law

No licensee shall demand or receive any greater, lesser or different compensation for piloting a vessel upon any of the pilotage grounds than is allowed by law.

776.420 [Amended by 1953 c.141 §2; 1953 c.142 §2; 1955 c.698 §1; repealed by 1957 c.448 §27]repealed

No operative statutory text appears at this designation in the selected edition.

776.425 Authority of licensees generally; compensation

Within the scope of the license, a licensee may pilot any vessel and demand and receive therefor the compensation allowed by law.

776.430 [Repealed by 1957 c.448 §27]repealed

No operative statutory text appears at this designation in the selected edition.

776.435 Refusing services of licensee; liability for pilotage fee

The master or person in charge of any vessel may refuse to accept the services of any particular licensee and shall call for another licensee, in which case the vessel and the owners, operators and agents of the vessel are liable only for the services of the licensee employed.

776.440 [Repealed by 1957 c.448 §27]repealed

No operative statutory text appears at this designation in the selected edition.

776.445 Liability of certain persons for licensee’s compensation

In addition to the lien of the licensee upon the vessel for any sum due for piloting, the master, owner and consignee or agent are jointly and severally liable to the licensee therefor.

776.450 [Repealed by 1957 c.448 §27]repealed

No operative statutory text appears at this designation in the selected edition.

776.455 Exhibition of license on boarding vessel

On boarding a vessel and if required by the master thereof, a licensee shall exhibit the license before the licensee is authorized to perform a piloting assignment.

776.460 [Repealed by 1957 c.448 §27]repealed

No operative statutory text appears at this designation in the selected edition.

776.465 [1957 c.448 §18; repealed by 1993 c.796 §23]repealed

No operative statutory text appears at this designation in the selected edition.

776.470 [Repealed by 1957 c.448 §27]repealed

No operative statutory text appears at this designation in the selected edition.

776.480 [Repealed by 1957 c.448 §27]repealed

No operative statutory text appears at this designation in the selected edition.

776.490 [Repealed by 1957 c.448 §27]repealed

No operative statutory text appears at this designation in the selected edition.

776.500 [Repealed by 1957 c.448 §27]repealed

No operative statutory text appears at this designation in the selected edition.

776.510 Declaration of legislative intent relating to liability of licensees, trainees and organizations

The stimulation and preservation of maritime commerce on the bar and river pilotage grounds of this state are declared to be affected with the public interest and the limitation and regulation of liability of licensees, trainees and organizations of pilots are necessary to such stimulation and preservation of maritime commerce and are deemed to be in the pub…

776.520 Tariffs limiting liability of licensees, trainees or organizations

Licensees and trainees are authorized to limit their liability and the liability of any organization of pilots to which they belong by tariffs approved by the Oregon Board of Maritime Pilots containing substantially the terms and provisions of the following form: ______________________________________________________________________________ The provisions …

776.530 Licensees, trainees and organizations not liable for certain acts or omissions

An organization of pilots shall not be liable for any claims arising from acts or omissions of a licensee, trainee or organization of pilots which relate, directly or indirectly, to pilotage of a vessel. A licensee or trainee shall not be liable either directly or as a member or associate of an organization of pilots for any claims arising from acts or omiss…

776.540 Security required of licensees and trainees; conditions of bond; limitation of liability

Each licensee and trainee shall procure and furnish to the Oregon Board of Maritime Pilots a security in the sum of $250 as a surety bond or an irrevocable letter of credit, in a form approved by the board and underwritten by a surety company authorized to engage in business in the State of Oregon or issued by an insured institution, as defined in ORS 706.00…

776.600 Restrictions on licensee’s or trainee’s financial interest in boat or equipment assisting vessel piloted by licensee or trainee

Except as provided in paragraph (b) of this subsection, a licensee or trainee may not pilot a vessel on the Coos Bay bar pilotage ground or the Yaquina Bay bar pilotage ground if the licensee or trainee, or an immediate family member of the licensee or trainee, has any financial interest in a boat or equipment assisting the vessel in entering or exiting the …

776.800 Collection of fee; remittance

Except as provided in subsection (2) of this section, each licensee under this chapter shall collect a board operations fee from each vessel using the services of a licensee. The purpose of the fee is to allow the Oregon Board of Maritime Pilots to carry out its duties, functions and powers under this chapter. The fee may not exceed the amount described in O…

776.810 Maximum amount of fee; adjustment of fee

Subject to subsection (2) of this section, the maximum board operations fee for a vessel is $100. The Oregon Board of Maritime Pilots shall adjust the amount of the maximum board operations fee for a vessel each biennium beginning July 1, 2015, by a proportional amount equal to the percentage change in the 24-month period prior to the beginning of the bienn…

776.880 Civil penalties

In addition to any other penalty provided by law, any licensee or trainee who commits any act for which the Oregon Board of Maritime Pilots could revoke, suspend or refuse to issue or renew a license is subject to a civil penalty in an amount determined by the board of not more than $250 for each offense. Any person who violates the provisions of ORS 776.40…

776.990 [Repealed by 1957 c.448 §27]repealed

No operative statutory text appears at this designation in the selected edition.

776.991 Criminal penalties

Violation of any of the provisions of this chapter is a Class B misdemeanor. Notwithstanding ORS 137.286 and 161.635, the minimum fine for a violation of ORS 776.405 (1)(a) is $5,000 and the maximum fine is $50,000. _______________