1 The Role of the Pilot Paul Kirchner October, 2009 Copyright © 2009 by Paul G. Kirchner

Role of Pilot/Master-Pilot Relationship Current Interest –COSCO BUSAN and ZIM MEXICO incidents Misunderstanding and confusion –Misinformation and off-the-wall commentary in maritime press –Pilot as “Advisor to Master” cliche Critical Issue –Underlies effective navigation practices in pilotage waters –Fundamental component of good BRM: MPX, Error Trapping, Communications, Teamwork, Shared Mental Model, etc. –Legal Considerations and Consequences Copyright © 2009 by Paul G. Kirchner2

3 APA Guidance Statement: “The Respective Roles and Responsibilities of the Pilot and the Master” [Tab 1] –Developed in connection with, and as a result of, APA MPX Best Practices Program –Formally adopted by Board of Trustees on October 8, 1997 –Two objectives: reflect real-world of what happens on the bridge of a ship and accurately describe US pilotage law on the subject –Not policy statement or proposed new approach; describes existing situation in U.S. –Avoids “Pilot as Advisor” Copyright © 2009 by Paul G. Kirchner APA Guidance

4 “The popular misconception that a pilot is a mere advisor to the master is without substantial foundation either historically or legally.” - Re: M/V Skava, 2001 AMC 2071, 2076 (Commandant Decision, May 14, 2001) [Tab 2] “The Pilot is in full charge of the navigation of the ship, yet the Master retains his overall responsibility.” - Report of the USCG Pilotage Study Group, September 15, 1989, at page 25 [Tab 3] Coast Guard Position Copyright © 2009 by Paul G. Kirchner

5 STCW, Section A-VIII/2, Part 3-1 (“Navigation with a pilot on board”). Focuses on master’s responsibility for navigation despite pilot’s presence. [Tab 4] SOLAS Chapter V, Regulation 15. Distinguishes between pilot and bridge team. [Tab 5] Copyright © 2009 by Paul G. Kirchner International Guidance

6 States expect pilots to prevent accidents: role of the pilot is to protect state and the public interest from dangers posed by ship Pilots should oppose unsafe decisions of masters and bridge crew Opinion and Order, Grounding of M/T FASE on April 15, 2005 (New York Board of Pilot Commissioners, March 31, 2007): pilot’s license suspended for failure to “assertively” object to master’s “ill-advised” navigation order. [Tab 6] Copyright © 2009 by Paul G. Kirchner What States Expect From Their Pilots

7 Questions or Comments? Conclusion Copyright © 2009 by Paul G. Kirchner