Title 46
Waters and Navigation

Chapter 9
Pilots — Rhode Island Sound, Narragansett Bay, Sakonnet River, and Tributaries

§ 46-9-6. Duties of commission.

The commission shall perform the duties and have the powers set forth in this section as well as other duties and powers as may be provided by law:

(1) To make, establish, and enforce rules and regulations, not inconsistent with law, which shall be binding and effectual upon all pilots licensed by the commission, all vessels subject to this chapter, and all parties employing the pilots; and, from time to time, revise or amend the rules and regulations as may be necessary to enable the commission to carry into effect and enforce the provisions of this chapter; the rules and regulations shall include, but not be limited to, those rules and regulations necessary to enable the commission to respond to emergencies or catastrophic conditions as may occur, whether environmental or otherwise. The rules and regulations shall formalize and detail the authority of the commission over individual bay pilots in relation to other state, federal, and municipal agencies, and any other public safety programs;

(2) To make and establish rates of pilotage for vessels that are subject to the provisions of this chapter;

(3) To establish and determine the qualifications of any person applying for a pilot’s license and conduct examination;

(4) To issue, suspend, or revoke any pilot’s license in accordance with the provisions of this chapter;

(5) To take any action that is necessary to cause the laws, rules, and regulations concerning pilots and pilotage matters to be fully observed and executed;

(6) To hear and decide complaints made in writing against any pilot, pilot’s agent or employee, or person subject to the provisions of this chapter for any misbehavior or neglect of or breach of rules or regulations of the commission which it shall deem material to be investigated;

(7) To hear and decide complaints made in writing by any pilot against any charterer, owner, agent, master, or sailor of a vessel for any misbehavior toward that pilot in the performance of the pilot’s duty, or for any breach of the rules and regulations;

(8) To have the power and authority to take testimony and evidence and administer oaths and compel the attendance of witnesses and issue and serve witness subpoenas and subpoenas duces tecum at any hearings that it may conduct; provided, further, that the commission shall conduct at least one public hearing annually, duly advertised, to hear and receive complaints and comments from individual pilots, associations, or other public or private agencies with regard to any matters that may properly come within the jurisdiction of the commission;

(9) To make an annual report to the director of the department of environmental management for the preceding calendar year, together with the amounts of pilotage collected by the pilots and the amounts paid to the state. The report shall also include but not be limited to:

(i) A review and synopsis of commission activities and administrative proceedings;

(ii) A fiscal report and recommendations on fee collections;

(iii) A synopsis of hearings, complaints, suspensions, or other legal matters related to the authority of the commission;

(iv) A review of goals established and findings and recommendations on commission activity.

(10) To establish criteria for the training, experience, ability, knowledge, aptitude, skill, and professional qualifications of pilots and establish and determine the training, experience, ability, knowledge, aptitude, skill, and professional qualifications requirements necessary to make any person eligible to apply for a pilot’s license and to conduct examinations, and, in this connection, to appoint a special board of state licensed pilots to supervise the training and instructions of those persons seeking eligibility to apply for a pilot’s license, and to certify their experience, competency, ability, knowledge, skill, aptitude, education, and training in accordance with criteria established by the commission and in accordance with the rules and regulations of the commission;

(11) To require an applicant for a license or a licensed pilot to submit proof of the applicant’s mental or physical capability to serve or continue to serve;

(12) To institute proceedings in the appropriate courts in this state to restrain and enjoin actions when any violation of this chapter or rule promulgated thereunder has occurred or is threatened by any person;

(13) To require holders of licenses or certificates, and applicants for licenses or certificates, to submit pertinent information under oath necessary to determine their qualifications or to enforce the provisions of this chapter;

(14) To regulate the station and operation of any pilot boat within the waters of the state used for the purpose of boarding or disembarking any pilot and to designate the areas in which the vessels shall be boarded or left by the pilots; and

(15) To require the reporting of all maritime accidents pursuant to the regulations of the commission.

(16) Within ninety (90) days after the end of each fiscal year, the commission shall approve and submit an annual report to the governor, the speaker of the house of representatives, the president of the senate, and the secretary of state, of its activities during that fiscal year. The report shall provide: an operating statement summarizing meetings or hearings held, meeting minutes if requested, subjects addressed, decisions rendered, rules or regulations promulgated, studies conducted, policies and plans developed, approved, or modified, and programs administered or initiated; a consolidated financial statement of all funds received and expended including the source of the funds, a listing of any staff supported by these funds, and a summary of any clerical, administrative or technical support received; a summary of performance during the previous fiscal year including accomplishments, shortcomings and remedies; a synopsis of hearings, complaints, suspensions, or other legal matters related to the authority of the commission; a summary of any training courses held pursuant to subsection 46-9-5(d); a briefing on anticipated activities in the upcoming fiscal year; and findings and recommendations for improvements. The report shall be posted electronically on the general assembly and the secretary of state’s websites as prescribed in § 42-20-8.2 of the Rhode Island general laws. The director of the department of administration shall be responsible for the enforcement of this provision.