AUTUMN 2019 No

THE The magazine of thePILOT United Kingdom Maritime Pilots' Association AUTUMN 2019 No. 327 In this issue: Pros and cons of the Con Defective Passage Plan 53rd General Meeting Pilot Ladder Accident Image: River Stour by M Robarts Chairman's Report Mike Morris port of Liverpool, celebrating the simply. The app is available on both 125th anniversary of the opening of Android and IOS platforms and the Manchester Ship Canal. This can easily be found by searching conference had significance for me ‘UKMPA’ on the play or iTunes store. personally as a Manchester pilot Hot on its heels is a pilot ladder as it was tinged with both sadness rigging course, which is well on and excitement for the future as the way to being finalised so that I was standing down from the the UKMPA members can present It is an honour and great pleasure Board of EMPA after six years as and promote the correct rigging to address you as the Chairman Vice President in order to take the procedures to nautical colleges and of the UKMPA in this issue of the reins of the UKMPA as Chairman. other relevant stakeholders. Pilot magazine. I wish to praise I thoroughly enjoyed working with At the time of writing Brexit is still the stewardship of John Pearn our our friends from Europe and being looming large within the UK. With outgoing Chairman for the dedication closely involved in thwarting the Port Boris Johnson as new Prime Minister and passion he has shown Package III, which was intended to committing to leaving the European throughout his tenure during the last introduce competition in Pilotage. Union on the 31st October this year, three years. I am pleased to say that Congratulations to my friend Peter a new initiative — to re-instate as IMPA Vice President John has Lightfoot (Tees) on being elected freeports in Liverpool, Southampton, agreed to remain on the executive as Vice President of EMPA for the Tilbury and Sheerness — which for the immediate future, so with next four years. I am sure there will expired in 2012 when the statutory the wisdom and guidance of both many challenges in the coming years instruments lapsed and to create John and Don Cockrill as Secretary and it is fitting that we have such new freeports in Teesport, Tyne, General, I hope to carry forward the an experienced pilot on the Board Milford Haven and London Gateway. good work begun by them. of EMPA. I hope members of the These ports are set to benefit from UKMPA who managed to attend A chairman is only as good as his becoming freeports under new plans enjoyed the topics and presentations team. I would like to thank all the from the Treasury. This is good news based around pilot safety together members of section committee (SC) for ports and pilots who should see with hospitality Liverpool had to offer, for entrusting me with this honour to an increase in traffic. culminating in a spectacular gala discharge this important duty within dinner in the Anglican Cathedral. Before I close this first report, I our Association and the amount of Special thanks should go to Martin would like to thank my colleagues time, knowledge and professionalism James, his wife Caroline, together in the Port of Manchester. Being a they bring to the executive. Without with my wife Sue, for all the time, small pilotage service of 19 Pilots, the assistance of friends and effort and help putting together a I am extremely grateful to them colleagues on SC, the Chairman’s packed social programme which for supporting me over the years position would be a much more was enjoyed by all. whilst I have been on SC, the board difficult job. of EMPA and now Chairman of Through SC and T&TC, John Slater We sadly lose Tony Anderton our the UKMPA. There are frequent (Liverpool) has been working with PNPF pension guru to retirement in occasions when I have had to meet developers to produce our own September. We wish Tony together government and other stakeholders UKMPA reporting app which makes it with Trudy a long and happy at short notice, and my colleagues easier for the pilot to report defective retirement. I would like to welcome have covered my watches and done pilot ladders to their CHA and the Chris Hoyle and Ian McMahon onto swops in order for me to do so. I MCA at the same time, and contains SC. I am sure they will enjoy their do not take this for granted and am all the information to show the vessel time on the executive. extremely grateful for their time the regulations and other things to and support. Pilots from all over the world promote pilot ladder safety. The app attended the recent EMPA is pre-loaded with those ports who Fair winds and safe sailing to you all. conference in the historic city and previously expressed an interest, and other ports can be added The Pros and Cons of the Con – Time to call a Truce William Hargreaves Smith There has over the last few years Merchant Shipping Act of 1894 or between the pilot and the master/ been considerable discussion about its interpretation not only applied in bridge crew'.4 the role of the pilot, not least in the the UK but in many other countries While it may be legally dubious, pages of 'Seaways'. Does he or she of what was then the British Empire. the role of the pilot is also have conduct of the vessel, or is the But what of other cultures? How do subject to individual company pilot merely an adviser? By definition, they interpret the role of the pilot? interpretations. For example, an Irish a debate has two sides: us and In Greece, for example, the Code of shipping company has a sign in the them, pilots and bridge teams. Public Maritime Law1 states that the wheelhouse which states that 'the But it shouldn't be adversarial at 'suggestions and directions provided pilot is onboard to provide advice all. Pilots and bridge teams are by the pilot to the master are of only'. This reflects the entry made by actually on the same side. What both an advisory nature'. Perhaps that many an officer in the deck log book: parties want is a successful act of explains why, on a Greek-manned TMO & PA (To Master's Orders and pilotage with the minimum amount of bridge, every order from the pilot is Pilot's Advice). While this may be paperwork, hopefully conducted in a repeated by an officer. It's not an true of some legislations, under UK pleasant and supportive environment order until the master or his deputy law it is incorrect. An authorised pilot with a mutual respect for each has repeated it. While the repetition of in the UK is not an adviser. He or she other's professionalism. the pilot's orders may be considered is not allowed to be. The UK pilot mildly irritating, the practice must be gives orders and has conduct of respected by the pilot. the vessel. Under the Russian Merchant One of the legal challenges was Shipping Code2 the 'master may the 1907 case of the Tactician. charge the pilot to give direct orders The Tactician while under pilotage to the helmsman'. The inference collided with a vessel at anchor on is that the master doesn't have to. the Thames. The pilot had incorrectly Russian law also defines the pilot thought he was looking at the as a representative of the state. sternlight of a vessel underway. Which is a reminder that, under UK (The bridge crew had correctly law, the 1894 definition of a pilot is identified the light as an anchor incomplete. Today's pilot is required, The most familiar definition of a pilot light but failed to inform the pilot, under port state control legislation, is from the UK Merchant Shipping an example perhaps of a rigid and to report any defects of the vessel. Act of 1894: 'pilot shall mean any hierarchical command structure.) The pilot's legally defined role has person not belonging to a ship who In his judgment Lord Alverstone and will continue to evolve. has the conduct thereof'. But this noted that 'all directions as to speed, definition was taken verbatim from The 1894 definition of the pilot has course, stopping and reversing and the 1854 Merchant Shipping Act. been challenged in the courts. But everything of that kind are for the 1854 was the year of the Crimean the judgments will be influenced by pilot'5. Significantly, he went on War and the infamous cavalry Charge the standards and social norms of to say that 'the pilot is entitled of the Light Brigade. In London that the time. For example, two years to the fullest assistance of a year 10,000 people were killed in before the 1854 Merchant Shipping competent crew'. a cholera epidemic. Life was very Act, the United States Supreme Despite this interpretation of different then. It was also the golden Court ruled that the pilot was the the law, there are documented age of the clipper sailing ships. No 'temporary master', the 'master ad examples of the captain or his engines, no electronics, open bridges hoc'.3 Today it is highly unlikely that deputy manoeuvring his or her own and, one would suggest, a rigid and anybody would accept that the pilot vessel. For example, an American hierarchical command structure. retains such an exalted position - accident report stated that 'the Would a junior officer on a clipper not even the American pilots master confirmed to investigators ship have challenged the actions of themselves.

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