Bill Text: DE SB159 | 2015-2016 | 148th General Assembly | Draft
Bill Title: An Act To Amend Title 23 Of The Delaware Code Relating To Limitation Of Liability Statutes For State-licensed Marine Pilots.
Spectrum: Strong Partisan Bill (Republican 14-1)
Status: (Introduced - Dead) 2015-06-25 - Assigned to Executive Committee in Senate [SB159 Detail]
Download: Delaware-2015-SB159-Draft.html
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SPONSOR: |
Sen. Lopez & Rep. Smyk |
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Sens. Cloutier, Hocker, Lavelle, Lawson, Pettyjohn, Richardson; Reps. Briggs King, Collins, Gray, Hudson, Keeley, Wilson |
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DELAWARE STATE SENATE 148th GENERAL ASSEMBLY |
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SENATE BILL NO. 159 |
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AN ACT TO AMEND TITLE 23 OF THE DELAWARE CODE RELATING TO LIMITATION OF LIABILITY STATUTES FOR STATE-LICENSED MARINE PILOTS. |
Section 1.Amend §127, Title 23, Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 127 Limited Liability of Pilots.
(a) Purpose
The purpose of this Act is to stimulate and preserve maritime commerce on the pilotage grounds of the state by limiting and regulating the liability of pilots and to maintain pilotage fees at reasonable amounts as a component of this state's pilotage regulatory system, and is essential to the economic viability of maritime commerce and serves the public interest.
(b) Limited Liability of Pilots and Pilot Trainees
(1) A pilot licensed to act as such by the State of Delaware shall not be liable for damages in excess of the amount of five thousand dollars ($5,000) for damages or loss occasioned by a pilot's or pilot trainee's errors, omissions, fault, or neglect in the performance of pilotage or pilot training services, except as may arise by reason of the willful misconduct or gross negligence of the pilot.
(2) A pilot trainee appointed to act as such by the State of Delaware is not liable for damages in excess of the amount of five thousand dollars ($5,000) for damages or loss occasioned by the pilot trainee's errors, omissions, fault, or neglect in the performance of pilotage or pilot training services, except as may arise by reason of the willful misconduct or gross negligence of the pilot trainee.
(3) When a pilot or pilot trainee boards a vessel to provide pilotage services, that pilot or pilot trainee becomes a servant of the vessel, its owner and operator.Nothing in this section exempts the vessel, its owner, its crew, its charterer or its operator from liability for damage or loss caused by that ship to a person or property on the ground that (a) the ship was piloted by a Commission licensed pilot or pilot trainee, or (b) the damage or loss was caused by the error, omission, fault, or neglect of a Commissioned licensed pilot or pilot trainee.
(c) In an action brought against a pilot for an act or omission for which liability is limited as provided by this section and in which other claims are made or anticipated with respect to the same act or omission, the court shall dismiss the proceedings as to the pilot to the extent the pleadings allege liability of the pilot that exceeds five thousand dollars ($5,000).
(d) All laws or parts of laws which conflict with this Act are repealed.
(e) This Act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law,
SYNOPSIS
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This Bill limits and regulates the liability of pilots and maintains pilotage fees at reasonable amounts. |
AUTHOR:Sen. Lopez
