-MCA VTS policy Steering Group (Martin Chatterton)

-CHIRP (Peter Lightfoot),

-EU Projects Funding Seminar (Nick Lee [T&TC])

In September I attended the MCA UKSON 90. At the latter meeting it was a pleasure to be thanked by the MCA for our contribution to the Port State Control defect reporting regulations consultation (see article at the end of this report. ed) which will effectively extend existing legislation to include our Deep Sea pilot colleagues. The implications of this are obvious and we have argued for some time that a robust and strictly confidential MCA reporting system is essential to protect the interests of the DSPs.  This we have achieved.

I also attended the launch of Trinity House’s “2025 and beyond” strategy (http://bit.ly/o6w7FL) which will have a direct impact on UK port and coastal pilotage in the years ahead.

We have a busy Autumn schedule ahead covering a number of seminars which have implications for UK pilotage – details of these are available on the UKMPA web site.  We need to have a good presence at these events, as often much is said about pilotage by those who in truth actually know very little about it. Additionally of course there will be the usual round of meetings at the various MCA forums we participate in as well as the EMPA e-navigation group and our own T&TC meetings.

As well as dealing with UKMPA matters, work has been progressing well (lead by John Pearn) on arrangements for the IMPA 2012 conference we are hosting next September (http://www.impa2012.org). As has been explained before, this is very much the UKMPA nationally as hosts and you are all asked to consider putting the dates in your diaries either to come and help with the daily arrangements (contact John) or simply attend what will certainly be a memorable international event. Registration should be live by the time that you read this.  Specific details for UKMPA members to register will be promulgated in due course.

Those of you in the PNPF will be aware that Richard Williamson (Boston) has retired and he was presented with a fine decanter on behalf of all UKMPA members for the huge amount of work he has done during his many years of involvement with the PNPF. (See pages 6&7)

Effective communications is the core of any successful modern organisation and our Association is no exception. Almost all of our contact with members is via email and the UKMPA web site (and of course this journal). We aim to keep the web site as up to date as possible with news items, publication of events, vacancies etc.  As an additional facility a Linkedin group (http://linkd.in/p1q8Zh) has been formed which you are invited to join.

In 1986, Harry Hignett (Manchester) wrote a history of the UK Pilots’ Association, copies of which (although long out of print) are available sometimes via Amazon etc.  I have recently been in contact with Harry (now retired)  and he has agreed (with the sanction of Section committee) to update the book. Covering the period post 1986 to date, it will hopefully be ready for publication by summer 2012.

I recently had the pleasure of accepting an invitation to attend the Nautilus International Conference in Rotterdam. Joe Wilson did a lot of valuable work in forging a relationship with Nautilus and attendance at this conference has confirmed to me that there is mutually much to be gained from the development of the relationship between our two organisations, notwithstanding our position within UNITE. A copy of my report on this conference can be found on the UKMPA web site under “conferences”. Of particular note is the imminent publication on the Dft web site of all UK shipping related legislation under review as part of the UK Government Red Tape Challenge programme and the awarding by Nautilus of the Victoria Drummond award to Rachel, wife of UKMPA member Neil Dunn (Southampton), herself an Admiralty Pilot at Portsmouth (See page 15).

You will all recently have received details of the IMPA bridge manning survey. This is part of a factual statistical data gathering exercise essential to illustrate to regulators and others the true status  of the nature of modern bridge operations.  Please do take the time to complete a form for every pilotage act you undertake until the end of November. Ultimately it is for all our benefits, individually and collectively. Details are available in Circular 14/2011, on the UKMPA and IMPA web sites.

Finally, as the nights draw in and the weather begins to deteriorate, stay safe!

*******

The UKMPA Submission To The MCA Defect Reporting Consultation

- A truly confidential and anonymous reporting process – by SMS and email – needs to be established. This in order to protect the identity of the reporting pilot from the client. In the event that the pilot’s client was to discover that it was the Deep Sea Pilot who had reported a defect which resulted in a Port State Control inspection and subsequent action against the ship, then it is probable that the Deep Sea Pilot’s  services would never be re-contracted.

MCA response: The MCA recognises that an unintended consequence of extending the reporting obligations to Deep Sea Pilots, whose use is voluntary, is the risk that it could prejudice use of their services and as a result safety of navigation. In practice, MCA will treat pilot reports with a similar regard for confidentiality as given to crew complaints, although this is not a legal requirement under Article 23 or under the regulations (since they follow the Directive). The MSN section 15 sets out means of reporting, including direct MCA email addresses. It also advises that prompt notification is more important than format. For the future, the European Commission may issue a Regulation setting out how reports should be made, but at present this is still under negotiation.

It was a pleasure to meet many of you at this year’s one day conference on board HQS Wellington in May.

Since my last report there have been a number of pilotage related legal developments in various parts of the country. In Scotland, a landmark ruling in an appeal against a Judicial Revue finding has resulted in significantly greater professional authorisation security for all UK pilots. Another action on the Humber – whilst brought about by UNITE on behalf of a (non UKMPA) member pilot has resulted in confirmation of the application of the Work Time Regulations to pilots although I understand that the port authority may appeal. Unfortunately elsewhere, a complex three way action continues with only partial conclusion and no identifiable “winner”. It is worth reiterating that in the first and last cases, the defence of the members’ positions was only possible due to the protection afforded by our insurance policy.

Membership of our Association continues to increase slowly. Mike Robarts is actively pursuing non-members in various ports around the country, explaining the benefits of UKMPA membership. If you know of colleagues who are not yet members then Mike will be pleased to furnish you with the necessary information to pass on to them.

You will recall a few years ago the consultation on Draft Marine Navigation Bill and the associated Transport Select Committee hearing. We have  had several meetings with the Dft, post consultation, mainly discussing the unacceptable proposals contained within the Bill for the deregulation of PECs. The Bill then gathered dust on a shelf somewhere in Portcullis House. Recently, our president Lord Tony Berkeley, identified an opportunity to revive elements of the bill via the Marine Navigational Aids Bill currently en-route through parliament. Various stakeholders  were approached including the Dft and UKMPA to determine what sections of the original Bill should be included in this latest endeavour. There was much support for the goal of this action and it is pleasing to report that the bill has now been published within the House of Lords http://bit.ly/ppgzdX. However, it has been made clear from one of the ports’ associations that their ultimate aim is for the management of pilotage to be fully returned to respective port management without the intervention of the Pilotage Act. This may commence with an attempt to have elements of the Pilotage Act repealed, in particular those relating to PECs and associated pilotage management issues. We are keeping a close watch on this proposal which cannot be in the public interest nor to the benefit of navigational safety, the protection of the environment in our port areas or the commercial efficiency of trade.

We have been actively participating in both the recent Coastguard Review consultation and the proposed withdrawal of the Emergency Towage Vessels ETVs.  For the latter my thanks to Matthew Hill of the Clyde who attended a meeting there on our behalf. As I said at conference, it is our intention where appropriate to invite local members to attend meetings and events thus making significant savings on transport and accommodation costs.

Other meetings that I and Section Committee members have attended include:

The IMO navigational Safety Committee 57th meeting Three members (Martin James, Mike Morris and John Pearn) attended in order to offer guidance to the UK delegation and to support IMPA in responding to a somewhat naive paper submitted by the Bahamas delegation on pilotage practices.

Graham Langley, attended the 13th PMSC Steering group (on behalf of Martin James).

Peter Wylie, Mike Morris and I attended the EMPA GM in Amsterdam where Kevin Vallance and Gareth Rees gave excellent presentations on ECDIS and the AZIPILOT project. Peter stood down from the EMPA board but unfortunately Mikes endeavours to be voted on as replacement were unsuccessful. We will though retain our active involvement in the EMPA e-navigation committee with Kevin being assisted by Mike.

I recently met with the Unite Assistant General Secretary (transport), Diana Holland and Julian Long (Docks and Waterways National Officer) to discuss a number of items including the (mutually agreed) unacceptable current situation with the UKMPA office in Transport House and more importantly, the UKMPA rules. Following the merger of Amicus and the T&GWU, the Unite executive have been undertaking a comprehensive review of the Unite rule book and those of member associations. There will be more news on this in the months to come.

I also met recently with Nautilus’ Mark Dickinson (General Secretary) and Allan Graveson (Senior National Secretary). This was essentially the continuing maintenance of a good relationship our two organisations have enjoyed for many years. A number of items of mutual interest and concern were discussed.

Working with tugs is an integral part of pilotage and I was pleased to be asked by the British Tug Owners Association to address the BTA conference earlier this year on Pilot / Tug skipper relationships and aspects of operations including PECs and tugs. It was very well received and the BTA are keen to develop relationships with the UKMPA.

Last but not least, it would be remiss not to thank Nigel Allen and his colleagues for all the work they put into the joint venture, tremendously successful PPU/ECDIS seminar in May.

You can see from the above that your representatives are very active in a wide range of areas within the UK, European and International pilotage domain. Our Association was formed in 1884 with the objective “to influence the development of Pilotage and Associated Regulations, including Acts of Parliament and to help those members around the country who found themselves in difficulty”. Whilst our appearance may have changed, the objectives remain the same.

Wishing you smooth waters and safe transits.

Don Cockrill

Minutes of the conference proceedings are available on the UKMPA web site.

The government’s spending review is hitting all sectors of our society and shipping is no exception. Of particular concern is the impact on navigational safety risk mitigation measures and associated facilities. You will be aware of the recent extensive consultation on modernisation of the Coastguard to which the UKMPA made a submission. I recently attended an MCA meeting on the removal of Emergency Towing Vessels which it would appear a was a summary decision by the Minister, with the MCA playing no part. The Maritime Incident Response Group (http://bit.ly/flh7SQ) is under real threat of disbandment and funding has been terminated for maritime CHIRP. The latter is actively seeking alternative funding.

Members of Section Committee have attended and participated proactively at various meetings over the period. All are important but a few points are worthy of particular mention. Martin James attended a HSE event in Liverpool in January. The MCA made a presentation which contained reference to PMSC compliance and verification visits. One particular slide indicated that of the 5 ports subject to PMSC re-validation visits over the last 3 years all rated a 100% failure / non compliance for “pilotage and passage planning”. This was a shock to say the least.

It will be no surprise that I followed this up immediately. On discussing it at Spring Place it transpires that the section in question includes all matters to do with pilotage including administration and all the points noted actually had nothing to do with Passage Planning as such but were related to risk assessments for 2 pilots, lack of formal disciplinary procedures, inadequate planning time in standoff notice, fatigue management regimes, PEC tripping requirements and revalidation procedures. It may be worth considering if any of these issues are applicable to your own operations.

John Pearn, Mike Morris and I attended the UK ports policy conference in January which gave an interesting insight into the government’s and others perspective on the years ahead for UK ports and of course the ability to “network” for the Association. Proving that we need to “be at the table if we don’t want to be on the menu”. One of the last presentations was by the Office of Fair Trading giving a summary of a study into  the ownership of UK ports infrastructure which raised issues of competition in port service provision.

I subsequently wrote to the OFT explaining the dangers of competition in pilotage and received an appropriate reassurance that currently “Competition in pilotage is not a subject we are pursuing on the back of the Infrastructure Ownership and Control study”.

Also in January, I met with the Head of Maritime Policy of the Transport Security and Contingencies Directorate (Transec) to discuss the role of pilots in UK border security. No decisions or actions arose but it is a matter which is sure to develop.

We have been significantly involved with Videotel in the updating of their Bridge Procedures training videos. Matt Easton from Liverpool has been attending scripting meetings to ensure that no unrealistic assumptions are made by the producers.

In addition there has been attendance at EMPA meetings, the IMO, parliamentary meetings, and continuous communication with numerous parties not least our accountants and insurance advisers.

There are several important diary dates coming up for you to consider:

May 11^th is the Annual UKMPA conference. Details have been well promulgated on our web site and by your local secretaries. The timing and delegate fee are both devised in order to make it as cheap as possible for all members to attend. This is not just for your representatives, this is for you to participate in as an Association member, a chance to meet colleagues, discuss issues and quiz your executive committee – me included!

Communication is the key to any successful organisation and our Association is no exception. I hope that you have noticed the increase in information flow by email through you Local Secretary and we are also working on upgrading the web site with a view to presenting and providing even more information in this already comprehensive resource. If you do not yet have a password (or have forgotten it) do not hesitate to email UKMPAoffice@yahoo.com and one will be provided. Any ideas that you have for improvements to the site are also welcome at the same address.

Finally, remember that this is your Association, working on your behalf for the benefit of us all and our profession. It can only work effectively with input  great or small from members. So don’t be shy, get involved. Any Section Committee member can give you details.

I look forward to seeing you aboard the Wellington in May. Meanwhile, be safe.

Don Cockrill

New Chairman: Don Cockrill

This is my first report to you as your Chairman since taking over from Joe Wilson on 30^th November. Joe sat “in the chair” for 4 demanding years and during that time dealt most professionally with numerous challenges to both individual members and the Association as a whole. We are all most grateful to him for all that he achieved in raising the professional profile of the UKMPA in various circles nationally and internationally as well as dealing sympathetically and efficiently with individual member’s problems from time to time. He has set a very high standard which be assured, I will do my best to continue to the best of my ability. The result of this change of chairmanship is an inevitable number of changes within our executive (the Section Committee) itself, the details of which you should have received in Circular 15/2010 and which is of course also available on the UKMPA website.

For those of you who do not know me, I have been a pilot with the Port of London Authority (PLA) since early 1991 following a seagoing career with CP Ships and Stolt Nielsen. I believe that it is paramount to ensure under the current ever increasing demands for commercial efficiency in all aspects of shipping, that seafarers’ (including pilots) safety, the safety of navigation and the protection of our sensitive marine environment are not compromised for short term financial gain. Additionally, there is a proven need for increased awareness and vigilance in the security of our ports and national borders. We know that the pilot (port and deep sea) has a pivotal role to play in all this and that it is often unappreciated, misunderstood, overlooked or even intentionally ignored in certain quarters. These factors, the maintenance and enhancement of the already high professional standards of UK pilotage and the careful, measured integration of new technologies into pilotage techniques have long been a goal of mine which I fully intend to pursue on your behalf in my time as your chairman. There is a lot going on the background at present, some of which I shall briefly describe:

Insurance and litigation.

There are a number of significant actions in progress where members are benefiting from the protection afforded by the Legal Protection insurance policies. It is inappropriate to give details here but they involve pilots in both Employed and Self Employed capacities in actions with respective CHAs where the pilots’ authorisations have been affected. One case in particular  involves a significant legal action due to be heard early next year, the ramifications of which could have far reaching consequences to interpretations of the Pilotage Act. Without the legal protection insurance, defense of the action would have been impossible.

Incident procedure

Your executive has recently tried to improve and simplify arrangements for legal assistance to members. The blue information card will be re-issued (in another colour) with the insurance renewal papers in January and the information is also contained in the latest Circular (recently published 17/2010) on action to be taken in the event of involvement in an incident. It is reproduced on page 18 of this edition of The Pilot.

UKSON

The latest (88) meeting of the UK Safety of Navigation (UKSON) committee had two matters of direct relevance to UKMPA members – indeed to all UK pilots.

The first was regarding ECDIS and the qualifications required for pilots. With the start of the phased compulsory carriage of ECDIS equipment, STCW regulations require that all STCW certificate holders will be required to undertake an STCW standard ECDIS course. This will apply to pilots if you wish to maintain validity of your Certificate of Competency. Note though that the MCA have confirmed that a pilot will not be required to undertake “type specific” training as a watch-keeping officer is required to. Also, it should be noted that at this stage, there is no obligatory requirement per-se for a pilot (not wishing to revalidate a CoC) to undertake ECDIS training, although clearly from a professional perspective it is desirable and there may of course be post-incident legal implications for a pilot that has not undertaken any appropriate ECDIS training.

The other UKSON issue was particularly relevant to deep sea pilots with regard to defect reporting obligations outlined in MIN380. As I write, the matter is in hand between UKMPA, EUROPILOTS, the Association of Deep Sea Pilot Companies and the MCA to determine the best way to deal with this delicate issue.

Many of you will have taken part in the IMPA / EMPA pilot ladder survey in September. Although globally the participation level was not as high as in previous years, I am pleased to report that the UK contribution was significant. The full results of the survey are available on the IMPA web site at www.impahq.org

Another date for your diary is June 14^th to 16^th for Seawork 2011 . We will once again have a stand at this exhibition which is proving to be a great tool for raising the UKMPA profile both within the industry and to the general public. Mike Robarts is leading the organisation but is in need of some assistance. So if you fancy helping him with the organisation or can give up a day or more to join the team manning the stand (travel expenses will be paid) email him on mar146@hotmail.com .

Before I close, it would be remiss not to congratulate Forth Pilots on their attainment of accreditation under the ISPO scheme. They are the first UK pilotage organisation to reach the standard, others are working towards it. Full details of the scheme may be found on the ISPO web site at www.ispo-code.com

Finally, in September 2012 the UKMPA will be hosting the 21^st IMPA Congress in London.

The venue is already booked and work is well underway with the organisation. The organising committee chaired by Joe, is always open to input with ideas or better still volunteers to help with the event organisation alongside the contracted organising company. Contact Joe via joewilson22@o2.co.uk . You will hear more of the arrangements as time goes by but meanwhile, why not register your expression of interest to attend on the web site at www.impa2012.com/register. No money needs to be paid at present, though you may also wish to book early the hotel accommodation at the very advantageous rates only available through the website.

With that, I wish you all a very happy festive season. Those of you who will be working through the period will I’m sure be in the thoughts of those colleagues who are not. Take care, safe sailing and “happy landings!”

Don Cockrill

Having been offered a stand at this year’s SeaWork Exhibition, held at Southampton on the 16th – 18th June, the UKMPA were well represented with chairman Joe Wilson, Jim Richie, Matt Winter, Kevin Constable, Mike Robarts. Manning the UKMPA stand. Other pilots visited the stand and greatly assisted in keeping the bar afloat!

L – R Martin Phipps, Matt Winter, Kevin constable & Mike Robarts

There was a full programme for the 3-day event which included the Annual General Meeting of the UK Harbour Masters’ Association, together totalling some 500 delegates. Of interest to pilots is that OMC won the civil engineering award for their “In Transit Real Time Dynamic Under Keel Clearance System.

This annual event is rapidly gaining international recognition and despite the recession attendance was well up on last year.

Following the HA’s taking over rrsponsibility for aothorising pilots following the 1987 Pilotage Act, many districts retained the authorisation structure and wording from the Trinity House authorisations. In some areas this included a clause stating that the authorisation limits could be overruled if a pilot of the appropriate grade wasn’t available. This meant that if a pilot boarded, say a Class 4 vessel and discovered that, as a result of its draft, the vessel was in fact a Class 3 vessel then his authorisation would cover him.  Following a recent case whereby a pilot, finding himself in such a position, refused to pilot the vessel, the UKMPA has sought a legal opinion on this historical anomaly and the following are extracts from the response:

There has never been a test-case on the point, but it would be very difficult to defend any pilot who willingly undertakes pilotage beyond the limits of his authorisation.

The leading relevant case is the Sea-Empress, where of course there was compliance with the regulated limits, but the rationale of the observation that the highest possible standards need to be observed was that the Milford Haven rules were themselves inadequate at the time.

….A pilot who undertakes the pilotage of a ship the size of which is beyond the limits of his authorisation is not only not authorised for that ship (and is therefore acting unlawfully) : but , in relation to that ship , is not truly authorised at all. acting unlawfully) : but , in relation to that ship , is not truly authorised at all.

It follows, therefore, that the statutory protection provided by Section 22 of the Pilotage Act (the £1,000 limit) would not apply in such a case; because the protection  benefits only an “authorised pilot”.

In consequence, a pilot who pilots a ship whose size is greater than the regulated limits of his authorisation forfeits the statutory protection and exposes himself to liability for unlimited (and probably enormous) civil damages.

The message therefore is perfectly clear and with modern communications there is no excuse for the draft to be incorrectly declared prior to pilot boarding especially since such errors are inevirably caused by laziness on behalf of the agent to check with the Captain prior to making the pilot booking. Let him take the blame!!

JCB

This year the conference was a one day event held on board the HQS Wellington and was attended by 39 pilots from 15 districts.

Inesrt pic. Caption : HQ Wellington    Photo: www.copyright-free-photos.org.uk

Chairman’s Report

Joe Wilson referred to the Marine Bill consultation and expressed concern that the DfT had classified the 118 pilot responses as “campaign responses” suggesting that they hadn’t been seriously considered. The major concern of the UKMPA had been the wording that proposed issuing PEC’s to “any person”. However, at a constructive meeting with the DfT last year,  they had stated that it had never been their intention to permit granting a PEC to anybody but the UKMPA would be checking the wording of the Bill carefully if and when it was ever revived.

National Occupational Standards and a pilotage qualification were still a major frustration and the UKMPA have been keeping the pressure on the revived Port Skills and Safety to try to move the process forward. The MCA are seemingly paralysed and show a lack of comprehension over how simple instigating a pilot qualification could be within the PMSC. Because of the importance of this issue a sub committee has been established which will report to Section Committee rather than the T&TC. However, the TTC will be undertaking a survey of districts with respect to their Continuous Professional Development processes.

Clyde

In 2008 Clyde pilots had been in dispute with Peel Holdings. A Perth UKMPA member pilot had applied to train on the Clyde during the dispute and SC took the decision to expel him from the UKMPA. The individual concerned took the UKMPA to an employment tribunal where UNITE provided representation for the UKMPA. The case was dropped by the applicant just prior to the hearing but the process revealed that there is no expulsion clause in the UKMPA rules, hence the rule change agreed this conference.

The situation on the Clyde was on-going and the UKMPA are continuing to monitor Clydeport’s pilotage policies.

Insurances

Concerns had been expressed that employed pilots were subsidising the self employed pilots with their premiums. This myth needed to be expelled because in reality the insurances were currently being required by more employed pilots than self employed pilots. Indeed, the underwriters have confirmed that as a result of employment legislation, the policy is more relevant to employed pilots.

As a result of a query from a district concerning the situation whereby a pilot may find himself on a vessel for which he is not authorised to pilot, advice has been received which is detailed at the end of this article.

Cosco Busan

The full NTSB investigation has now been released and the key findings were:

• The pilots degraded cognitive performance due to his medication
• Absence of a comprehensive pre-departure Master / pilot exchange and effective communication between the pilot and Master
• The master’s ineffective oversight of the pilot’s performance and the vessel’s progress.

These findings will inevitably impact on pilotage operations over here. SC have discussed the use of drugs and pilots are warned that pilots must declare their use of any prescription drugs and our insurance cover WILL be deemed void through the misuse of any drugs and alcohol, including the failure to disclose such use if proven.

The amalgamation between T&G and AMICUS into UNITE is on-going and it has been confirmed the previous “Memorandum of Understanding” drawn up between the UKMPA and the T&G is valid within the UNITE constitution

PNPF

See separate article on page.

FINANCIAL REPORT: John Pretswell (Forth)

Membership which currently stood at 493 from 45 districts. There had been a net loss of 9 members since 2008, mainly due to retirements. The accounts were healthy, and so the subscription rate would remain unchanged.

INSURANCES: Simon Campbell (Forth)

Three members had resigned from the UKMPA over the compulsory insurance requirement. Simon found this incomprehensible because the premiums areextremely competitive. Simon had given a presentation on our insurances to the EMPA congress which had followed one given by French pilot, Francois Laffoucriere, on the criminalisation of pilots. Francois had concluded his presentation with the warning that no pilot could afford to be without insurance cover in these litigious times.

Simon detailed the three policies to delegates {legal defence, DAS and personal accident (optional)} and provided examples where pilots had made successful claims on each. The most important policy is the legal defence provided by Royal Sun Alliance which is unique, having been professionally tailored to the needs of members. The wording of the policy is reviewed every year to ensure that the cover is kept up to date. The UKMPA cover is far better than any other available in Europe and many EMPA delegates had requested the details from Simon. Copies of the EMPA presentation are available to members on request.

MCA / DfT Peter Wylie (Tees)

Peter explained that all work with the MCA & DfT on National Occupational Standards (NOS) and the Port Marine Safety Code (PMSC) had gone frustratingly quiet with no progress having been made during the last 3 years.

The MCA have decided to withdraw any involvement in NOS for pilots and leave the matter in the hands of Port Skills & Safety (PSS) which is wholly owned by the British Ports Association. The UKMPA had managed to get a seat on the PSS working group but unfortunately, there was a general ignorance regarding pilots and their skills within the PSS panel since they were still considering that a “foundation” degree would be a suitable entry level qualification. The saga continues!

EMPA Dave Williamson (Liverpool)

Dave provided an overview of the latest EU Maritime Policies. One important reference to pilots was a Port State document which referred to pilotage services being of “General Public Interest”. An important factor with respect to the competition agenda.

Following rejection of the Ports Directives 1 & 2 attempts were being made to introduce PD3 but so far the MEP’s and EMPA were managing to stall the plans. A new document “Maritime Space Without Barriers” was promoting streamlining short sea shipping by extending PEC usage and “shore based pilotage” to remove the “bottlenecks” created by the need for vessels to slow down to pick up a pilot! Their definition of “short sea shipping” includes 180m containerships etc!

EMPA review and respond to all relevant documents and so far their influence was effective in keeping the issues in check.

Dave detailed the EMPA structure explaining that it was important that all UKMPA members were aware of the importance of EMPA.

“International Standards for Pilotage Organisations” had been introduced and self employed pilots in particular should consider becoming accredited to this. The EMPA congress presentations are available to members from Dave on request.

IMPA: Don Cockrill (London)

Don had attended the IMPA Congress in Bangkok and had been elected as a “Technical Advisor” to the executive. TA’s attended the same meetings with the Executive but didn’t get involved in financial issues so the UK has a member involved in the decision making process again. The main issue at present was a re-write of the pilot ladder recommendations which was progressing well through the IMO. The next IMPA congress would be in Brisbane in November 2010 and any UKMPA member can attend..

TECHNICAL & TRAINING: Brian Wilson, (Belfast)

Brian paid tribute to Gareth Rees who had been Chairman of the T&T for four years The MARNIS project was now complete and Nigel Allen was congratulated on the work & dedication that he had shown as UKMPA representative on this important project.

AZIPILOT project. This project was looking at all aspects of pod propulsion and Gareth Rees is representing the UKMPA

NAV55: See page 7.

MARITIME RESOURCE MANAGEMENT:  Matt Easton (Liverpool)

As part of offering a professional service it is becoming increasingly important that pilots keep up to date with current trends and recommendations. In incident investigations pilots are often criticised for not fully integrating into the ship’s “bridge team”. Unfortunately traditional Bridge Resource Management (BRM) courses are designed for ships’ officers and rarely cover pilotage passages. Maritime Resource Management (MRM) is based on the aviation industry model and covers the overall management of a passage, including the pilot and engineers etc.

A pilot must use all means at his disposal to ensure safety but must also receive support from the Master, officers and, where appropriate, VTS. Matt provided several investigation examples where failure to provide support to the pilot in a developing situation had contributed to the accident. Pilots are well trained in ship handling skills but not Human Factors yet investigations reveal that the majority (over 70%) of accidents involve failure of the Human Factors. Statistically, a vessel is twice as likely to be involved in a serious accident now as compared to five years ago and the costs of accidents have also doubled. MRM is based on the aviation model where both pilot and co-pilot double check each other’s actions. Despite being introduced into the Maritime world nearly 20 years ago by the Swedish Club P&I group, only Holland has adopted MRM as an integral part of pilot training. In the absence of any MRM courses being offered in the UK, the Liverpool pilots have created a course, accredited by the Swedish Club, specifically tailored for pilots. Each course is based on discussions around various scenarios and the analysis of incidents. Pilots are encouraged to be open about their perceptions of bridge teams and their role within it and the Cosco Busan case has provided much material for discussion.

The Swedish Club course is run over 4 days but the Liverpool pilots have found that 2 days is adequate. Courses are either run at Liverpool or at any external location.

Further details can be obtained from Matt Easton at: admin@liverpoolpilots.com

The modules for the course are available on the Swedish Club’s website:

www.swedishclub.com/main.php?mcid=3&mid=166&pid=61&tid=61

PILOTING VESSELS OVER AN AUTHORISATION LIMIT.

Following the HA’s taking over rrsponsibility for aothorising pilots following the 1987 Pilotage Act, many districts retained the authorisation structure and wording from the Trinity House authorisations. In some areas this included a clause stating that the authorisation limits could be overruled if a pilot of the appropriate grade wasn’t available. This meant that if a pilot boarded, say a Class 4 vessel and discovered that, as a result of its draft, the vessel was in fact a Class 3 vessel then his authorisation would cover him.  Following a recent case whereby a pilot, finding himself in such a position, refused to pilot the vessel, the UKMPA has sought a legal opinion on this historical anomaly and the following are extracts from the response:

There has never been a test-case on the point, but it would be very difficult to defend any pilot who willingly undertakes pilotage beyond the limits of his authorisation.

The leading relevant case is the Sea-Empress, where of course there was compliance with the regulated limits, but the rationale of the observation that the highest possible standards need to be observed was that the Milford Haven rules were themselves inadequate at the time.

….A pilot who undertakes the pilotage of a ship the size of which is beyond the limits of his authorisation is not only not authorised for that ship (and is therefore acting unlawfully) : but , in relation to that ship , is not truly authorised at all. acting unlawfully) : but , in relation to that ship , is not truly authorised at all.

It follows, therefore, that the statutory protection provided by Section 22 of the Pilotage Act (the £1,000 limit) would not apply in such a case; because the protection  benefits only an “authorised pilot”.

In consequence, a pilot who pilots a ship whose size is greater than the regulated limits of his authorisation forfeits the statutory protection and exposes himself to liability for unlimited (and probably enormous) civil damages.

The message therefore is perfectly clear and with modern communications there is no excuse for the draft to be incorrectly declared prior to pilot boarding especially since such errors are inevirably caused by laziness on behalf of the agent to check with the Captain prior to making the pilot booking. Let him take the blame!!

JCB

As I write this I am about to depart for London to speak to the Transport Select Committee regarding the Draft Marine Navigation Bill. Recently I spoke to some Scottish MSP’s in Holyrood, this regarding the situation with Clyde Pilots. Perhaps it is an indication that matters regarding pilotage and ports are “hotting up”.

The situation with Clyde Pilots has continued to deteriorate, and the majority of the existing pilots received notice to terminate their contract as of July 18^th. ClydePorts have taken pre-emptive action by seeking to employ “new” pilots. One such was a pilot (and UKMPA member) in another district – he was trained to conduct [limited] pilotage in 5 days. There is “Honour amongst thieves”, where they do not steal from each other; so why not honour amongst pilots? Following consultation with section committee it was my pleasure to terminate his membership of the UKMPA. We have asked for Clyde Ports to meet with ACAS in order to resolve the dispute, but they have refused.

The 2008 Conference in May was a great success, and it was a pleasure to see so many pilots and partners there. Thanks should go to Peter Wylie and his partner, Louise, for all their time and effort in the organisation. We were so impressed with Harrogate that we have made a provisional booking for 2010. It was agreed by delegates to maintain an annual Conference, and we shall therefore stop the IDM in favour of a 1 day biennial Conference. For your diaries, the next will be onboard HQS Wellington on May 13^th 2009 – details later. A raffle raised £676 and this has been sent to the Marine Society – many thanks to those that donated the excellent prizes.

You will now have heard about action being taken by the PNPF trustees in relation to the deficit. The trustees have appointed litigators to act in this matter. I expect that a communication to all members will be sent in the near future, explaining what is happening. The workload is massive – we have received reams of documents going back to the early 1970’s, and with trustee elections looming all I would say is that now would not be a good time to be changing trustees – we had considered not having the elections, but “rules are rules”! I doubt that anyone would volunteer to become a trustee now, and I can see that there will only be “professional trustees” in the future – paid presumably by the pension funds they represent.

It looks as though the year ahead will be a busy one, and I must thank all those who give up a lot of their own time on behalf of everyone.

Joe Wilson

Chairman

The IDM went ahead in September, although was in jeopardy at one stage due to lack of members. There was general debate about apathy within the membership, status of a pilot, affiliation to T&G, ABP Humber Pilots, MarNIS, ETCS. I shall forward a copy of the final notes to each local secretary in the near future,

The IMPA/EMPA safety week was from 8^th to 14^th October. Completed forms will be sent to IMPA, who are compiling a report.

MAIB have recently released its report into the collision between Alaska Rainbow (pilot onboard and 2 tugs connected) and Sea Express 1 (PEC holder) on the River Mersey. For those that haven’t seen it, it is available from MAIB’s web site. Two factors mentioned in the Conclusions are that the pilot was not proactive in requiring support, which increased his workload; and that neither the pilot nor the master had ordered the fog signals to be sounded (although VHF communication had taken place).

A quick survey of some districts has shown that it is not uncommon for fog signals not to be sounded in narrow rivers, especially whilst manoeuvring with tugs fast. In this case Alaska Rainbow would have needed to sound one long and three short blasts every two minutes, and each tug one long and two short every two minutes. Clearly this could be seen as causing a significant distraction. Perhaps each district should look at its own procedures for fog. We are all seamen, and know that the rules apply to all waters, however, there is provision for “local rules” to apply. In this “blame culture society” that we live in we should all remember that in the event of an “incident”, bodies like MAIB will look at every detail.

Several other conversations have made me look into what a pilots status is whilst on the bridge of a ship. We know from the Cavendish Report that a Pilot becomes the employee of the shipowner. Law defines a pilot as “any person not belonging to a ship who has the conduct thereof”. All the case law we have says that the pilot has the conduct of the ship, and is entitled to all assistance he can get from the Master and crew. The Master should only intervene where he has misgivings as to the wisdom of the pilot’s proposed course of action, or if in immediate peril. This is a very important point. There is a wide held misconception that pilots are not in control of the manoeuvring, and are merely advisers to the Master. Yes, we do advise, but we should also have the con of the vessel.

Two cases were mentioned to me recently; one where the Master took control off the pilot approaching the berth – then hit a berthed ship, and another where the Master took control, then ignored the pilots advice, and took a long time to berth the ship. The ship was sent an invoice for the extra time that the labour was standing by, and the pilot was asked by his CHA to explain why it took so long for HIM to berth the ship.

My advice, and the advice of our solicitor, is, in cases where the Master takes “control” of the vessel, that you inform your VTS/CHA by VHF – if only to protect yourself. You may be thankful that you did if there is an incident. Having taken the control, I would also suggest that pilots continue to offer advice – it is up to the Master whether he continues to disregard it.

I have raised my concerns on this subject with DfT – mainly as a result of the P&I Club findings into “pilot related claims”.

Conference 2008 will take place at the Crown Hotel, Harrogate, on May 15^th and 16^th. We are working on final details and will send out information in the near future. I hope that changing the venue and date will entice a few more people to attend. Harrogate is a great place for shopping, and has many attractions. There will be a golf day on the 14^th prior to Conference.

It would be remiss of me not to mention insurance! The process for renewing has not been without its complications, although for the majority, a smooth process. We have been assured that it will be better next year. Unfortunately a small number of pilots have chosen not to renew their insurance, and it has been my regrettable duty to cancel their UKMPA membership; this at a time when we can do without losing members.

Section committee continue to serve all pilots to the best of their abilities, and we have each taken on extra work with Monica being ill. However, technology is an aid, and we move more information by e-mail and the web site. It would be useful to have each local secretary’s e-mail so that we can cut down on paperwork in the post.

There will be some changes to payments for the Pilot, to be introduced next year. These mainly affect retired pilots, but also pilots who retire between the annual renewal date (July). A separate note is included in this magazine on P14.

Best wishes to all.

Joe Wilson

The last quarter has seen section committee members attending meetings with DfT, MCA, DEFRA, IALA, Harbour Masters, the Transport Select Committee, the Shipping Minister – to name but a few. On several occasions we have also been assisted by pilots from outside the committee, and my thanks go to them.

There has also been movement with the Boarding & Landing Code for pilots. This has finally been agreed by UKMPA, BPA and UKMPG. Not bad considering that it was first started by Peter Russell back in 1991. Peter has kindly written the foreword. All pilots should give thanks to the enormous amount of time and effort given by the various people that have been involved. The Code will be officially launched at the PMSC SG meeting on 28 June.

Some of you may be aware that the MAIB Report on the Skagern / Samskip Courier collision on the Humber last year has now been published, and is available on their web site. It’s a bit late now, but I guess we could say “we told you so”.

Included in this edition is a letter from Avald Wymark. I hope, as presumably Avald does, that the letter will inspire some responses. Many of the issues have been discussed at section committee, and, in view of the wide circulation of the Pilot, there are some issues that I do not wish to comment on openly. Perhaps this could be an agenda item for the IDM in September, so please, do let us have your thoughts before then.

An early indication of attendance at the IDM would be appreciated – circular 03/07 refers.

Joe Wilson

Chairman.