South Australian Current Regulations South Australian Current Regulations62—Pilotage exemption certificates
(1) Pilotage exemption
certificates will be of the following categories:
(a)
category 1—for vessels up to 65 m in length;
(b)
category 2—for vessels up to 155 m in length;
(c)
category 3—for vessels up to 185 m in length.
(2) Subject to this
regulation, the CE may issue a pilotage exemption certificate to the operator
of a vessel in respect of a particular harbor or harbors if—
(a) the
operator holds a certificate of competency for a vessel of the length
appropriate to the category of certificate applied for; and
(b) the
operator has undertaken a qualifying voyage or voyages as follows:
(i)
in the case of an applicant for a category
1 certificate who does not hold a current pilotage exemption certificate
of any category—the operator has undertaken, as operator of a vessel
over 35 m in length—
(A) 2 qualifying entry voyages during
daylight hours; and
(B) 2 qualifying exit voyages during
daylight hours;
(ii)
in the case of an applicant for a category 2 or 3
certificate who does not hold a current pilotage exemption certificate of any
category—either—
(A) the operator has undertaken, as
operator of a vessel of not less than the length appropriate to the
category—
•
3 qualifying entry voyages during daylight hours; and
•
3 qualifying exit voyages during daylight hours; and
• 1 further
qualifying entry voyage either during daylight hours or during the hours of
darkness; and
• 1 further
qualifying exit voyage either during daylight hours or during the hours of
darkness; or
(B) the operator has undertaken, as
operator of a vessel of not less than the length appropriate to the
category—
•
2 qualifying entry voyages during daylight hours; and
•
2 qualifying exit voyages during daylight hours,
and, as first mate (actively on duty on the bridge of the vessel) of such a
vessel—
•
3 qualifying entry voyages during daylight hours; and
•
3 qualifying exit voyages during daylight hours;
(iii)
in the case of an operator who holds a current pilotage
exemption certificate of another category—the operator has undertaken,
as operator of a vessel of at least the length appropriate to the new category
sought—
(A) 2 qualifying entry voyages during
daylight hours; and
(B) 2 qualifying exit voyages during
daylight hours;
(iv)
in the case of an operator who applies for an endorsement
for night navigation—
(A) if the application is for a
category 1 certificate—the operator has undertaken—
• 1 further
qualifying entry voyage of the kind required for the certificate but during
the hours of darkness; and
• 1 further
qualifying exit voyage of the kind required for the certificate but during the
hours of darkness;
(B) if the application is for a
category 2 or 3 certificate—the operator has undertaken—
• 3 further
qualifying entry voyages of the kind required for the certificate but during
the hours of darkness; and
• 3 further
qualifying exit voyages of the kind required for the certificate but during
the hours of darkness; and
(c) the
operator would (apart from the certificate of competency and experience
requirements) be eligible to be licensed as a pilot.
(3) The CE may only
issue a pilotage exemption certificate in respect of a harbor for which there
is a port operator after consultation with the port operator.
(4) Without limiting
subregulation (2) and subject to this regulation, the CE may issue a
pilotage exemption certificate (a "special pilotage exemption certificate ) to
the operator of a vessel in respect of a particular vessel over 185 m in
length and in respect of a particular harbor if—
(a) the
operator holds a certificate of competency appropriate to the vessel; and
(b) the
operator has undertaken a qualifying voyage or voyages as follows:
(i)
the operator has undertaken—
(A) as operator of a vessel of not less
than the length of the relevant vessel—
•
3 qualifying entry voyages during daylight hours; and
•
3 qualifying exit voyages during daylight hours; and
• 1 further
qualifying entry voyage either during daylight hours or during the hours of
darkness; and
• 1 further
qualifying exit voyage either during daylight hours or during the hours of
darkness; or
(B) as operator of a vessel of not less
than the length of the relevant vessel—
•
2 qualifying entry voyages during daylight hours; and
• 2
qualifying exit voyages during daylight hours,
and, as first mate (actively on duty on the bridge of the vessel) of such a
vessel—
•
3 qualifying entry voyages during daylight hours; and
•
3 qualifying exit voyages during daylight hours;
(ii)
in the case of an operator who holds a current pilotage
exemption certificate of category 1, 2 or 3—the operator has
undertaken, as operator of a vessel of at least the length of the relevant
vessel—
(A) 2 qualifying entry voyages during
daylight hours; and
(B) 2 qualifying exit voyages during
daylight hours;
(iii)
in the case of an operator who applies for an endorsement
for night navigation—the operator has undertaken—
(A) 3 further qualifying entry voyages
of the kind required for the certificate but during the hours of darkness; and
(B) 3 further qualifying exit voyages
of the kind required for the certificate but during the hours of darkness; and
(c) the
operator would (apart from the certificate of competency and experience
requirements) be eligible to be licensed as a pilot.
(5) The CE may only
issue a special pilotage exemption certificate in respect of a harbor for
which there is a port operator on the recommendation of the port operator.
(6) If the CE is
satisfied that it is impracticable for an applicant for a category 1, 2
or 3 pilotage exemption certificate or special pilotage exemption
certificate to complete a required qualifying entry or exit voyage, the CE may
exempt the person from that requirement subject to the condition that the
person complete a further specified qualifying entry or exit voyage.
(7) The CE may specify
in a category 3 pilotage exemption certificate or special pilotage
exemption certificate that the certificate is limited to vessels of a lesser
length if the CE considers that appropriate in relation to the harbor or
section of harbor to which the application for the certificate relates.
(8) A category 1,
2 or 3 pilotage exemption certificate or special pilotage exemption
certificate operates only in respect of navigation during daylight hours
unless it is endorsed for night navigation.
(9) A category 1,
2 or 3 pilotage exemption certificate or special pilotage exemption
certificate ceases to be in force if the holder does not navigate a vessel
pursuant to the certificate (during daylight hours or the hours of darkness)
for a period of not less than—
(a) in
the case of a category 1 certificate—12 months; or
(b) in
the case of a category 2 or 3 certificate—6 months; or
(c) in
the case of a special pilotage exemption certificate—6 months.
(10) An endorsement
for night navigation on a pilotage exemption certificate ceases to be in force
if the holder does not navigate a vessel pursuant to the certificate during
the hours of darkness for a period of not less than—
(a) in
the case of a category 1 certificate—12 months; or
(b) in
the case of a category 2 or 3 certificate—6 months; or
(c) in
the case of a special pilotage exemption certificate—6 months,
(but, to avoid doubt, nothing in this subregulation prevents the holder of the
certificate from navigating vessels pursuant to the certificate during
daylight hours).