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                                                      PRINTER'S NO. 2890

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2194 Session of 1998


        INTRODUCED BY CIVERA, RYAN, LLOYD, PERZEL, GANNON, ADOLPH, COY,
           BOYES, CORRIGAN, RAYMOND, KELLER AND LEDERER,
           FEBRUARY 4, 1998

        REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE,
           FEBRUARY 4, 1998

                                     AN ACT

     1  Amending the act of May 11, 1889 (P.L.188, No.210), entitled, "A
     2     further supplement to an act, entitled 'An act to establish a
     3     board of wardens for the Port of Philadelphia, and for the
     4     regulation of pilots and pilotage, and for other purposes,'
     5     approved March twenty-ninth, one thousand eight hundred and
     6     three, and for regulating the rates of pilotage and number of
     7     pilots," further providing for rates of pilotage; and
     8     specifying fees for certain services.

     9     The General Assembly of the Commonwealth of Pennsylvania
    10  hereby enacts as follows:
    11     Section 1.  Sections 3.1 and 3.2 of the act of May 11, 1889
    12  (P.L.188, No.210), entitled, "A further supplement to 'An act to
    13  establish a board of wardens for the Port of Philadelphia, and
    14  for the regulation of pilots and pilotage, and for other
    15  purposes,' approved March twenty-ninth, one thousand eight
    16  hundred and three, and for regulating the rates of pilotage and
    17  number of pilots," further providing for rates of pilotage; and
    18  specifying fees for certain services, amended June 1, 1995
    19  (P.L.46, No.6), are amended to read:
    20     Section 3.1.  For services rendered on and after January 1,

     1  1990, retroactively, the rates of pilotage for conducting a
     2  vessel from the Capes of the Delaware to a place on the Delaware
     3  River or Bay no further upriver than the Delair Railroad Bridge
     4  between Philadelphia, Pennsylvania, and Delair, New Jersey or
     5  from a place on the river Delaware no further upriver than the
     6  Delair Railroad Bridge between Philadelphia, Pennsylvania, and
     7  Delair, New Jersey, to the Capes of the Delaware, in either
     8  case, shall be computed as follows:
     9     (a)  A charge, to be known as a unit charge, will be made for
    10  each pilotage, determined by length overall (in feet) multiplied
    11  by the extreme breadth (in feet) of the vessel, divided by one
    12  hundred.
    13     (a.1)  For the purposes of this act, the following
    14  definitions shall be applied:
    15     "Extreme breadth" shall be the maximum breadth between the
    16  outside of the shell platings of the vessel.
    17     "Length overall" shall be the distance between the forward
    18  and after extremities of the vessel.
    19     "Measurements" shall be in feet and inches (United States).
    20               Inches shall be converted as follows:
    21         1" = .1     4" = .3     7" = .6     10" = .8
    22         2" = .2     5" = .4     8" = .7     11" = .9
    23         3" = .3     6" = .5     9" = .8
    24     (b)  The charges per unit shall be as follows:
    25     [(i)  Effective January 1, 1995................$5.32 per unit
    26     (ii)  Effective January 1, 1996................$5.75 per unit
    27     (iii)  Effective January 1, 1997...............$6.21 per unit
    28     (iv)  Effective January 1, 1998...............$6.58 per unit]
    29     (i)  Effective January 1, 1998.................$6.58 per unit
    30     (ii)  Effective January 1, 1999................$6.97 per unit
    19980H2194B2890                  - 2 -

     1     (iii)  Effective January 1, 2000...............$7.39 per unit
     2     (iv)  Effective January 1, 2001................$7.83 per unit
     3     (c)  There shall be a minimum charge of two hundred units and
     4  a maximum charge of one thousand two hundred units.
     5     Section 3.2.  That every ship or vessel bound to the Delaware
     6  breakwater for orders shall be obliged to receive a pilot,
     7  provided she is spoken or a pilot offers his services, outside
     8  of a straight line drawn from Cape Henlopen Light to Cape May
     9  Light, and every ship or vessel bound to the breakwater for
    10  orders shall pay pilotage fees as follows: A sum equal to half
    11  the pilotage to the Port of Philadelphia, and she shall be
    12  obliged to take a pilot and pay the same pilotage fees when
    13  outward bound, from the breakwater, and if such ship or vessel,
    14  without discharging her pilot, proceed to the Port of
    15  Philadelphia or any other port or place on the bay or river
    16  Delaware, only one full pilotage fee as fixed by section 3.1 of
    17  this act, for the entire service, in addition to the fee for
    18  detention: Provided, however, That if the pilot bringing such
    19  ship or vessel to the breakwater be there discharged, and the
    20  ship or vessel afterward proceed to Philadelphia or any other
    21  port or place on the bay or river Delaware, she shall make the
    22  usual signal for a pilot and continue to make such signal till
    23  reaching Brandywine Light, and if spoken by, or offered the
    24  services of, a duly licensed Pennsylvania pilot before reaching
    25  Brandywine Light, shall be obliged to employ such pilot and pay
    26  him for services rendered on and after the effective date of
    27  this act, a charge computed as follows:
    28     (a)  A charge, to be known as a unit charge, will be made for
    29  each pilotage, determined by length overall (in feet) multiplied
    30  by the extreme breadth (in feet) of the vessel, divided by one
    19980H2194B2890                  - 3 -

     1  hundred.
     2     (a.1)  For the purposes of this act, the following
     3  definitions shall be applied:
     4     "Extreme breadth" shall be the maximum breadth between the
     5  outside of the shell platings of the vessel.
     6     "Length overall" shall be the distance between the forward
     7  and after extremities of the vessel.
     8     "Measurements" shall be in feet and inches (United States).
     9               Inches shall be converted as follows:
    10         1" = .1     4" = .3     7" = .6     10" = .8
    11         2" = .2     5" = .4     8" = .7     11" = .9
    12         3" = .3     6" = .5     9" = .8
    13     (b)  The charges per unit shall be as follows:
    14     [(i)  Effective January 1, 1995................$5.32 per unit
    15     (ii)  Effective January 1, 1996................$5.75 per unit
    16     (iii)  Effective January 1, 1997...............$6.21 per unit
    17     (iv)  Effective January 1, 1998...............$6.58 per unit]
    18     (i)  Effective January 1, 1998.................$6.58 per unit
    19     (ii)  Effective January 1, 1999................$6.97 per unit
    20     (iii)  Effective January 1, 2000...............$7.39 per unit
    21     (iv)  Effective January 1, 2001................$7.83 per unit
    22     (c)  There shall be a minimum charge of two hundred units and
    23  a maximum charge of one thousand two hundred units.
    24     Section 2.  Section 3.3 of the act, amended June 23, 1993
    25  (P.L.111, No.26), is amended to read:
    26     Section 3.3.  The following charges are hereby authorized for
    27  the services stated:
    28     [(1)  Ship communication charge:
    29     Vessels transiting the Delaware River,
    30  effective January 1, 1993.........................        $50.00
    19980H2194B2890                  - 4 -

     1     (2)  Transporting vessels in the Delaware:
     2     Philadelphia (or other place) to Marcus Hook...        355.00
     3     Philadelphia (or other place) below Marcus
     4  Hook..............................................        355.00
     5     Philadelphia Harbor to Torresdale..............        355.00
     6     Philadelphia Harbor to any place above
     7  Torresdale........................................        430.00
     8     (3)  Extra services:
     9     Swing ship to adjust magnetic compass..........        100.00
    10     Swing ship to calibrate direction finder.......        100.00
    11     Vessels anchoring below Brown Shoal in excess
    12  of three hours awaiting flood tide for transiting
    13  river channel.....................................        175.00
    14     Carried to/from Baltimore......................        175.00
    15     Carried to/from Norfolk........................        350.00
    16     Carried to/from New York.......................       350.00]
    17     (1)  Ship communication charge:
    18     Vessels transiting the Delaware River..........       $100.00
    19     (2)  Transporting vessels in the Delaware:
    20     Philadelphia (or other place) to Marcus Hook...        500.00
    21     Philadelphia (or other place) below Marcus
    22  Hook..............................................        500.00
    23     Philadelphia Harbor to Torresdale..............        500.00
    24     Philadelphia Harbor to any place above
    25  Torresdale........................................        700.00
    26     (3)  Extra services:
    27     Swing ship to adjust magnetic compass..........        200.00
    28     Swing ship to calibrate direction finder.......        200.00
    29     Vessels anchoring below Brown Shoal in excess
    30  of three hours awaiting flood tide for transiting
    19980H2194B2890                  - 5 -

     1  river channel.....................................        250.00
     2     Carried to/from Baltimore......................        175.00
     3     Carried to/from Norfolk........................        500.00
     4     Carried to/from New York.......................        500.00
     5  Vessels entering the Capes for anchorage at the Breakwater for
     6  other than tide shall pay one-half pilotage in and one-half
     7  pilotage out.
     8     (4)  Chesapeake and Delaware Canal:
     9     Vessels transiting the Chesapeake and Delaware
    10  Canal:
    11     Vessels with a length overall of less than 650
    12  feet..............................................        650.00
    13     Vessels with a length overall of 650 feet or
    14  more..............................................        750.00
    15     [(5)  Cancellation of sailing orders:
    16     Cancellation charge............................        75.00]
    17     (5)  Cancellation of sailing orders:
    18     Cancellation charge............................        200.00
    19     Any time a pilot is dispatched for sailing and the trip or
    20     movement is canceled, for reason other than weather, the
    21     vessel shall be subject to this charge, except when the Pilot
    22     Office is notified as follows:
    23     All piers north of Hog Island - 1 1/2 hours before sailing
    24                                     time.
    25     All piers north of Paulsboro  - 2 hours before sailing time.
    26     All piers south of the above  - 3 hours before sailing time.
    27     (6)  Finance charge:
    28     A finance charge not to exceed one and one-half per centum
    29  per month or fraction thereof may be assessed against all
    30  invoices outstanding more than forty-five days after the billing
    19980H2194B2890                  - 6 -

     1  date, and the cost of attorney fees on any amount placed with an
     2  attorney for collection may also be charged.
     3     Section 3.  The amendment of section 3.3 of the act shall
     4  apply on and after January 1, 1999.
     5     Section 4.  This act shall take effect immediately.

















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