Section 218 - Duties of Port Agent(a) A majority of all of the pilots licensed by the Board shall select from among their members one person to act as Port Agent, whose duties shall be to carry out the orders of the Board, under applicable laws, and to otherwise administer the affairs of the pilots as set forth herein. The selection of the Port Agent shall be subject to confirmation by the Board.(b) The Port Agent shall be responsible for the general supervision and management of all matters related to the business and official duties of pilots.(c) In carrying out his or her duties, the Port Agent shall be primarily guided by the need for safety of persons, property, vessels and the marine environment.(d) The Port Agent shall:(1) Assign Pilots to Vessels. (A) When assigning pilots licensed by the Board 12 months or less, a supervisory pilot shall also be assigned for the following vessels unless the vessel is proceeding directly from sea to anchorage or from anchorage to sea:2. all tank vessels with a length overall in excess of 800 feet3. all dry cargo vessels with a length overall in excess of 975 feet unless the vessel is outbound and will not require turning for the outbound trip4. all vessels with a length overall in excess of 700 feet proceeding to or from a drydock, marine repair facility, explosives handling facility, or Richmond Inner Harbor5. all vessels with a length overall in excess of 600 feet proceeding to or from Redwood City, Pittsburg, Antioch, Sacramento or Stockton(B) When assigning pilots licensed by the Board 18 months or less, a supervisory pilot shall also be assigned for the following vessels unless the vessel is proceeding directly from sea to anchorage or from anchorage to sea:2. all tank vessels with a length overall in excess of 850 feet3. all dry cargo vessels with a length overall in excess of 1,000 feet unless the vessel is outbound and will not require turning for the outbound trip4. all vessels with a length overall in excess of 750 feet proceeding to or from a drydock, marine repair facility, explosives handling facility or Richmond Inner Harbor5. all vessels with a length overall in excess of 700 feet proceeding to or from Redwood City, Pittsburg, Antioch, Sacramento or Stockton(C) When assigning pilots licensed by the Board 24 months or less, a supervisory pilot shall also be assigned for the following vessels unless the vessel is proceeding directly from sea to anchorage or from anchorage to sea:2. all tank vessels with a length overall in excess of 900 feet3. all vessels with a length overall in excess of 800 feet proceeding to or from a drydock, marine repair facility, explosives handling facility or Richmond Inner Harbor4. all vessels with a length overall in excess of 750 feet proceeding to or from Redwood City, Pittsburg, Antioch, Sacramento or Stockton(D) For purposes of this subsection, the Port Agent may permit the supervisory pilot to board inbound vessels and disembark from outbound vessels in central San Francisco Bay.(E) The Port Agent may deviate from the requirements of this subsection to assign a supervisory pilot whenever, in his or her judgment, the safety of persons and property and the protection of the marine environment would be better served by such deviation, and shall promptly report such deviation and the reasons therefor to the Board's Executive Director.(F) When assigning pilots to vessels transiting Monterey Bay, the Port Agent shall assign only those pilots holding current pilotage endorsements for Monterey Bay.(2) Prepare and administer the pilots' vacation schedule.(3) Represent pilots before the Board and its committees.(4) Collect data, prepare accounts, and make the payments to the Board required of pilots by the Code and these regulations. The data referred to in this subsection shall include at a minimum, the name, class, high gross tonnage, and deep draft of each vessel subject to pilotage.(5) Identify each boat used by the pilots.(6) Report to the Board all accidents, groundings, collisions or similar navigational incidents involving vessels to which a pilot has been assigned, as well as suspected pilot misconduct, pilot violations of these regulations or the Harbors and Navigation Code, and other matters for which a pilot may be disciplined by the Board. The report shall include but not be limited to the following information: (B) Name of pilot trainee involved, if any;(C) Date of incident, misconduct or violation;(D) Time of incident, misconduct or violation;(E) Location of incident, misconduct or violation;(F) Nature of incident, misconduct or violation;(G) Name of vessel involved, if any;(H) Twenty-four (24) hour telephone number for the vessel agent;(I) The vessel's location and itinerary.(7) The Port Agent shall report orally to the Executive Director, as soon as practicable under the circumstances, the information required in subsection (d)(6). If an oral report to the Executive Director is not possible, the Port Agent shall orally notify one of the following persons in the order listed: the Assistant Director, the public member of the Incident Review Committee, or the Secretary of the California State Transportation Agency or his or her designee. The Executive Director shall provide the Port Agent with the following contact information for each of the persons to whom notice may be given: business address, home address, business telephone number, home telephone number, all cellular telephone numbers. After the initial oral report, the Port Agent shall, as soon as practicable under the circumstances, transmit a written report containing the required information to the Executive Director.(8) Report to the Board any matter which, in his or her opinion, affects the ability of a pilot to carry out his or her lawful duties.(9) Ensure that at all times adequate pilots and pilot vessels are available for the performance of the lawful duties of pilots, except when weather or other conditions result in the Bar being closed.(10) Order the Bar closed for reasons of public, pilot, or vessel safety.(e) The Port Agent may delegate to any other pilot one or more of the duties set forth herein if, in his or her opinion, delegation is necessary to assure its proper performance. The Port Agent shall, however, remain responsible for the proper performance of any duty so delegated.(f) The Port Agent shall report to the Board in writing whenever any pilot is absent from duty for medical reasons for a period lasting longer than seven days. The report shall state the nature of the medical condition causing the absence, the probable duration of the pilot's absence from duty, and the anticipated date of his or her return to duty. The Port Agent shall also report to the Board in writing the date of departure from and return to duty of any pilot who is on a leave of absence.(g) In the event of a serious marine incident, as that term is defined in Title 46, Code of Federal Regulations, Section 4.03-2, or in any successor regulations thereto, which incident involved an assigned pilot, the Port Agent shall direct that pilot to undergo timely drug and alcohol testing, pilotage duties and safety permitting. Such testing shall conform to applicable regulations of the U.S. Coast Guard for post incident drug and alcohol testing of merchant vessel personnel (currently at Title 46, Code of Federal Regulations, Subpart 4.06) and, in addition, shall include testing for the presence of anti-depressants, anti-psychotics, anti-convulsants, barbiturates, amphetamines, benzodiazepines, sedative hypnotics, and opiates contained in pain medication. In the event of a navigational incident involving an assigned pilot which results in the holing of the hull of a vessel, a rebuttable presumption shall exist that the incident meets the definition of a serious marine incident for the purposes of this subsection.(h) If the Port Agent has reasonable cause to believe that an assigned pilot has been impaired by drug or alcohol while on duty, he or she shall direct that pilot to undergo timely drug and alcohol testing, pilotage duties and safety permitting. Where practicable, the Port Agent shall make his or her reasonable cause determination in combination with two other pilots. The Port Agent shall expeditiously inform the U.S. Coast Guard and the Board, orally and in writing, of his or her determination and the basis therefor. Such drug and alcohol testing shall conform to applicable regulations of the U.S. Coast Guard for reasonable-cause drug and alcohol testing of merchant vessel personnel (currently at Title 46, Code of Federal Regulations, Sections 16.250 and Title 49, Code of Federal Regulations, Part 40) and, in addition, shall include testing for the presence of anti-depressants, anti-psychotics, anti-convulsants, barbiturates, amphetamines, benzodiazepines, sedative hypnotics, and opiates contained in pain medication.(i) Upon being directed by the Port Agent to obtain drug and alcohol testing pursuant to this section, a pilot shall expeditiously proceed, piloting duties and safety permitting, to an appropriate facility used by the pilots for drug and alcohol testing and meeting U.S. Coast Guard requirements (currently at Title 49, Code of Federal Regulations, Section 40.81), and shall obtain such drug and alcohol testing, as directed. An unreasonable failure by a pilot to obtain drug and alcohol testing as directed under this section shall result in a rebuttable presumption that the pilot had been impaired by drug or alcohol while on duty in violation of Harbors and Navigation Code Section 1181(f). In addition, the Port Agent shall promptly notify the U.S. Coast Guard and the Board, orally and in writing, of the failure by a pilot to undergo drug and alcohol testing as directed under this section.Cal. Code Regs. Tit. 7, § 218
1. New section filed 5-9-88; operative 6-8-88 (Register 88, No. 20). For history of former section, see Registers 59, No. 11 and 57, No. 11.
2. Renumbering of former section 218 to section 220 and renumbering and amendment of former 215 to section 218 filed 8-12-93; operative 9-13-93 (Register 93, No. 33).
3. New subsections (g)-(i) and amendment of NOTE filed 6-16-94; operative 7-18-94 (Register 94, No. 24).
4. Amendment of subsection (d) and NOTE filed 2-23-95; operative 3-27-95 (Register 95, No. 8).
5. Amendment of subsection (c)(1) filed 7-31-95; operative 8-30-95 (Register 95, No. 31).
6. Amendment of section and NOTE filed 6-3-2003; operative 7-3-2003 (Register 2003, No. 23).
7. Amendment of subsections (c), (c)(1)(A), (c)(1)(A)3. and (c)(1)(A)5., repealer of subsection (c)(1)(A)6., amendment of subsections (c)(1)(B), (c)(1)(B)3., (c)(1)(B)5., (c)(1)(C) and (c)(1)(C)4. and amendment of NOTE filed 12-6-2004; operative 1-5-2005 (Register 2004, No. 50).
8. New subsection (c), subsection relettering, amendment of newly designated subsections (d)(1)(A)3., (d)(1)(B)3., (d)(5) and (d)(6), new subsections (d)(6)(A)-(d)(7), subsection renumbering and repealer of former subsection (d) filed 8-16-2011; operative 9-15-2011 (Register 2011, No. 33).
9. Amendment of subsections (f)-(i) and amendment of NOTE filed 1-24-2014; operative 4-1-2014 (Register 2014, No. 4).
10. Amendment of subsections (d)(1)(A)3., (d)(1)(B)3. and (d)(7) filed 10-6-2016; operative 1-1-2017 (Register 2016, No. 41). Note: Authority cited: Section 1154, Harbors and Navigation Code. Reference: Sections 1100, 1101(c), 1101(f), 1130, 1171.5, 1176, 1176.5, 1177(c) and 1181(f), Harbors and Navigation Code; Title 46, Code of Federal Regulations, Section 4.03-2 and Part 16; and Title 49, Code of Federal Regulations, Part 40.
1. New section filed 5-9-88; operative 6-8-88 (Register 88, No. 20). For history of former section, see Registers 59, No. 11 and 57, No. 11.
2. Renumbering of former section 218 to section 220 and renumbering and amendment of former 215 to section 218 filed 8-12-93; operative 9-13-93 (Register 93, No. 33).
3. New subsections (g)-(i) and amendment of Note filed 6-16-94; operative 7-18-94 (Register 94, No. 24).
4. Amendment of subsection (d) and Note filed 2-23-95; operative 3-27-95 (Register 95, No. 8).
5. Amendment of subsection (c)(1) filed 7-31-95; operative 8-30-95 (Register 95, No. 31).
6. Amendment of section and Note filed 6-3-2003; operative 7-3-2003 (Register 2003, No. 23).
7. Amendment of subsections (c), (c)(1)(A), (c)(1)(A)3. and (c)(1)(A)5., repealer of subsection (c)(1)(A)6., amendment of subsections (c)(1)(B), (c)(1)(B)3., (c)(1)(B)5., (c)(1)(C) and (c)(1)(C)4. and amendment of Note filed 12-6-2004; operative 1-5-2005 (Register 2004, No. 50).
8. New subsection (c), subsection relettering, amendment of newly designated subsections (d)(1)(A)3., (d)(1)(B)3., (d)(5) and (d)(6), new subsections (d)(6)(A)-(d)(7), subsection renumbering and repealer of former subsection (d) filed 8-16-2011; operative 9-15-2011 (Register 2011, No. 33).
9. Amendment of subsections (f)-(i) and amendment of Note filed 1-24-2014; operative 4-1-2014 (Register 2014, No. 4).
10. Amendment of subsections (d)(1)(A)3., (d)(1)(B)3. and (d)(7) filed 10-6-2016; operative 1/1/2017 (Register 2016, No. 41).