The Role of the Pilot
October, 2009
Copyright © 2009 by Paul G. Kirchner
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Role of Pilot/Master-Pilot
Relationship
• Current Interest
– COSCO BUSAN and ZIM MEXICO incidents
• Misunderstanding and confusion
– Misinformation and off-the-wall commentary in
maritime press
– Pilot as “Advisor to Master” cliche
• Critical Issue
– Underlies effective navigation practices in
pilotage waters
– Fundamental component of good BRM: MPX,
Error Trapping, Communications, Teamwork,
Shared Mental Model, etc.
– Legal Considerations and Consequences
Copyright © 2009 by Paul G. Kirchner
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APA Guidance
APA Guidance Statement: “The Respective Roles and
Responsibilities of the Pilot and the Master”
– Developed in connection with, and as a result of, APA MPX
Best Practices Program
– Formally adopted by Board of Trustees on October 8, 1997
– Two objectives: reflect real-world of what happens on the
bridge of a ship and accurately describe US pilotage law on
the subject
– Not policy statement or proposed new approach; describes
existing situation in U.S.
– Avoids “Pilot as Advisor”
Copyright © 2009 by Paul G. Kirchner
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APA Guidance
Navigation of a ship in the US pilotage waters is a
shared responsibility between the pilot and the
master/bridge crew. The compulsory state pilot directs
the navigation of the ship, subject to the master’s overall
command of the ship and the ultimate responsibility for
safety. The master has the right, and in fact the duty, to
intervene or displace the pilot in circumstances where the
pilot is manifestly incompetent or incapacitated or the ship
is in immediate danger (“in extremis”) due to the pilot’s
actions. With that limited exception, international law
requires the master and/or the officer in charge of the
navigational watch to “cooperate closely with the pilot and
maintain an accurate check on the ship’s position and
movement.”
APA Guidance
State-licensed pilots are expected to act in the public
interest and to maintain a professional judgement that is
independent of any desires that do not comport with the
needs of maritime safety. In addition, licensing and
regulatory authorities, state and federal, require
compulsory pilots to take all reasonable actions to prevent
ships under their navigational direction from engaging in
unsafe operations. Because of these duties, a compulsory
pilot is not a member of the bridge “team.” Nevertheless,
a pilot is expected to develop and maintain a cooperative,
mutually-supportive working relationship with the master
and bridge crew in recognition of the respective
responsibilities of each for safe navigation.
Coast Guard Position
• “The popular misconception that a pilot
is a mere advisor to the master is
without substantial foundation either
historically or legally.”
- Re: M/V Skava, 2001 AMC 2071, 2076 (Commandant
Decision, May 14, 2001)
• “The Pilot is in full charge of the
navigation of the ship, yet the Master
retains his overall responsibility.”
- Report of the USCG Pilotage Study Group, September
15, 1989
Copyright © 2009 by Paul G. Kirchner
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International Guidance
• STCW, Section A-VIII/2 , Part 3-1
(“Navigation with a pilot on board”).
Focuses on master’s responsibility for
navigation despite pilot’s presence.
• SOLAS Chapter V, Regulation 15 .
Distinguishes between pilot and bridge
team.
Copyright © 2009 by Paul G. Kirchner
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International Guidance
STCW, Section A-VIII/2 , Part 3-1
• Despite the duties and obligations of pilots, their presence on
board does not relieve the master or officer in charge of the
navigational watch from their duties and obligations for the
safety of the ship. The master and the pilot shall exchange
information regarding navigational procedures, local
conditions and the ship’s characteristics. The master and/or
the officer in charge of the navigational watch shall
cooperate closely with the pilot and maintain an accurate
check on the ship’s position and movement.
• If in any doubt as to the pilot’s actions or intentions, the
officer in charge of the navigational watch shall seek
clarification from the pilot and, if doubt still exists, shall
notify the master immediately and take whatever action is
necessary before the master arrives.
What States Expect
From Their Pilots
•States expect pilots to prevent accidents: role of the
pilot is to protect state and the public interest from
dangers posed by ship
•Pilots should oppose unsafe decisions of masters and
bridge crew
•Opinion and Order, Grounding of M/T FASE on April
15, 2005 (New York Board of Pilot Commissioners,
March 31, 2007): pilot’s license suspended for failure
to “assertively” object to master’s “ill-advised”
navigation order.
Copyright © 2009 by Paul G. Kirchner
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Conclusion
Questions or Comments?
Copyright © 2009 by Paul G. Kirchner
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