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Session Laws, 1989
Volume 771, Page 511   View pdf image
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WILLIAM DONALD SCHAEFER, Governor

Ch. 3

(2) REGARDLESS OF WHETHER THE VESSEL USES THE
SERVICES OF THE PILOT FOR THE ENTIRE PILOTAGE, A VESSEL THAT
EMPLOYS A LICENSED PILOT TO PROVIDE PILOTAGE SHALL PAY THE
LICENSED PILOT THE FULL PILOTAGE FEE.

(C)  LIABILITY FOR PAYMENT OF PILOTAGE FEES.

NOTWITHSTANDING ANY CONTRACT BETWEEN A LICENSED PILOT WHO
HAS PROVIDED PILOTAGE FOR A VESSEL AND THE MASTER, OWNER,
CHARTERER, OR AGENT OF THE VESSEL OR ANY OTHER PARTY, THE VESSEL,
ITS TACKLE, APPAREL, AND FURNITURE, AND THE MASTER, OWNER,
CHARTERER, AND AGENT OF THE VESSEL SHALL BE JOINTLY AND SEVERALLY
LIABLE FOR PAYMENT OF THE PILOTAGE FEE TO THE LICENSED PILOT.

(D)  LIEN.

A LICENSED PILOT WHO HAS PROVIDED PILOTAGE FOR A VESSEL
SHALL HAVE A LIEN FOR THE AMOUNT OF THE PILOTAGE FEE DUE,
ENFORCEABLE IN A COURT OF COMPETENT JURISDICTION, ON THE VESSEL
AND ITS TACKLE, APPAREL, AND FURNITURE.

(E)  FAILURE TO EMPLOY PILOT.

IF A VESSEL FAILS TO EMPLOY A LICENSED PILOT TO PROVIDE
PILOTAGE AS REQUIRED UNDER § 11-501(A) OF THIS SUBTITLE, THE
VESSEL AND ITS MASTER, OWNER, CHARTERER, AND AGENT SHALL BE
JOINTLY AND SEVERALLY LIABLE FOR PAYMENT OF THE FULL PILOTAGE FEE
AS IF A LICENSED PILOT HAD BEEN EMPLOYED.

REVISOR'S NOTE: Subsection (a) of this section is new
language that repeats the provision of present Art.
78, § 72B(a) and provides a cross-reference to Art.
78, § 72B.

Subsection (b) of this section is new language derived
without substantive change from former Art. 74, § 15
and the second sentence of § 9.

Subsections (c) and (d) of this section are new
language derived without substantive change from
former Art. 74, § 11.

Subsection (e) of this section is new language derived
without substantive change from former Art. 74, § 8,
as that section related to pilotage fees.

In subsection (b)(1) and (2) of this section, the
defined term "licensed pilot" is substituted for the
former word "pilot", since the duty under subsection
(b) seemingly was intended to extend only to
individuals lawfully providing pilotage.

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Session Laws, 1989
Volume 771, Page 511   View pdf image
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