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Pilot Note

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Kyaw Si Thu
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12 views3 pages

Pilot Note

Uploaded by

Kyaw Si Thu
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Pilot Note

It has been held to be part of the pilot's duty to determine the course and
speed of a vessel and to make decisions as to the time and place of anchoring. The
pilot is engaged on behalf of the ship owner and his relationship with the ship
owner falls basically into that of agent and principal. The pilot's work however is
limited to the duties required of him in conducting the pilotage. In doing this he is
entitled to the same obedience from the crew as any officer or master of a vessel
might expect.

The pilot does not supersede the master and the master has a right to offer
his opinion on matters of importance. In the case on extreme necessity it would be
possible for the master to overrule the pilot, but obviously this would be a very
serious step. Basically, the master who allows the pilot to carry on with his work in
the ordinary way should not be liable if the vessel or some other vessel is damaged.

A shipowner may bring an action for negligence against a third party where
he has suffered loss or damage even though his own pilot may have contributed to
that loss or damage. The pilot's authority, however, commences and terminates
with his taking control of the vessel and his leaving the vessel. Therefore, any
statements made by the pilot after his authority is at an end cannot be adduced as
evidence against the shipowner in the course of some future action.

The Master cannot excuse himself from the overall control of the vessel, nor
does it appear will he be excused from maintaining a watch on the circumstances
relating to navigation merely because a pilot is on board. This fact arises because
basically the master has responsibility for the entire control of the vessel and he
can never really delegate this responsibility at any Time.

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However, since the liability of the owners for the acts of the pilot is now
settled, any negligence by the master will necessarily reflect on himself rather than
one of the incidents in deciding upon the liability of the shipowner.

The Hans Hoth [1952] 2 Lloyd’s Rep. 341

This case concerned a collision in broad daylight between a British and


German ship at the entrance to Dover harbour. The Hans Hoth was solely to blame.
There was a compulsory pilot on board who had disregarded the signal displayed
by the harbour authority prohibiting vessels entering while another vessel was
leaving. The Master was in control of the engines and was on the bridge. The
shipowners instituted limitation proceedings. There were three part-owners of the
vessel, one of whom was the Master himself. The question was whether the Master
was personally at fault so as to defeat the motion to limit.

Held that, the Master should not be blamed for failing to post a special look-
out forward although the Master was under a duty to assist in navigation when a
compulsory pilot was on board.

Under the International Convention for the Safety of Life at Sea


(SOLAS), the liability of a shipowner for the actions of a pilot is nuanced,
recognizing the pilot as an adviser rather than as someone who takes over the
complete control from the ship's master. Despite a pilot's presence, the ultimate
responsibility for the vessel's safety and navigation remains with the ship's master
and, by extension, the shipowner. SOLAS emphasizes the importance of
cooperation and communication between the pilot and the vessel's crew but does
not explicitly absolve shipowners of liability for a pilot's actions. The specific
impact on liability for the fault of a pilot can vary by jurisdiction and individual

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circumstances, but SOLAS maintains the principle that the ship's master has final
authority and responsibility for the vessel's safety.

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