4 Pa. Code § 405.1

Current through Register Vol. 54, No. 45, November 9, 2024
Section 405.1 - Definitions

The following words and terms, when used in this chapter, have the following meanings unless the context clearly indicates otherwise:

Incapacity- The inability on the part of a person to perform required duties, whether due to professional deficiencies, physical disability, mental incapacity or any combination of these.

License- A license to exercise the profession of a pilot granted by the Commission.

Misconduct- Human behavior which violates some formal, duly established rule, such as the common law, the general maritime law, or Commission regulations. In the absence of such a rule, "misconduct" is human behavior which a reasonable person would consider to constitute a failure to conform to the standard of conduct which is required in the light of all the existing facts and circumstances.

Negligence- The commission of an act which a reasonable prudent person of the same station, under the same circumstances, would not commit or the failure to perform an act which a reasonably prudent person of the same station, under the same circumstances, would not fail to perform.

4 Pa. Code § 405.1