Study on the Related Legal Issues of Vessel Pilotage
|School||Ocean University of China|
|Keywords||Vessel pilotage Legal relationship Responsibility Research|
Pilotage ,once called water leading, Port leading, Water taking, or River leading, means that in the port, the canal, the entry of river, the difficult navigating channel, or the inland river, special person boards one vessel (he is not a seaman of the vessel),and provides the captain advice about the safety navigation things to the destination, or conducts the vessel in lieu of captain without releasing the responsibility of captain maneuvering the vessel, Pilotage, with regard to guarantee vessels safety navigating, vessels turnover rate, port operating rate, keep navigating order, and safeguard water area environment, plays an important role. In another place, pilotage relates with national sovereignty and national defense confidential.In this paper the comparative and case study are used to research the related legal issues of vessel pilotage. firstly, with regard to the concept of pilotage,the property of pilotage,the structure of pilotage,the system of pilotage,and the pilot management,systems analysis are used to find the present condition of our country,the existent problems,the advanced experiences of developed country, putting forward the suggestion of development,reform of the pilotage system;The countermeasures proposals deal with the exactly position of the pilotage organization, the establishment of pilotage system connected with developed country, the establishment of reasonable pilotage fee. secondly,put the emphasis on the research of compulsory pilotage and exempt pilotage. Our country’s laws divide pilotage to compulsory pilotage and exempt pilotage. Compulsory pilotage formulate all foreign vessel to apply compulsory pilotage when the vessel sailing in the compulsory area, alongside the berth, leaving the berth and shifting the berth. Compulsory pilotage is a symbol of our country’s sovereignty. It is a administrative action. Exempt pilotage is a agreement between the ship’s owner whose ship must hang Chinese flag and pilot organization, it is a contract. Our country’s law does not set apart the difference between the compulsory pilotage and the exempt pilotage, but because of the difference between the compulsory pilotage and the exempt pilotage in status, character and responsibility. Compulsory pilotage is a administrative action, the captain does not have other choice. Exempt pilotage should suit for the contract law and the civil law. In this paper narrate the status, character, and the responsibility of the compulsory pilotage and the exempt pilotage. The paper also analyzes the character of the compulsory pilotage’s sovereignty and the character of the exempt pilotage’s contract. The paper stress to analyze the legal relationship between pilot and captain. The writer also analyzes the responsibility of the compulsory pilotage and the exempt pilotage. It formulate that the pilot organization should pay for the damage of their fault. but to protect the pilot and the pilot station, the law should formulate a system to reduce the responsibility of the pilot and the pilot station, also the measure should be made to protect the pilot and pilot organization to avoid the risk of economic indemnify for their fault.Lastly, with regard to the legal relationship between pilotage and VTS, analyze the present condition, the existent problems, and the advanced experience of developed country. Discuss the establishment of economic indemnify for the exempt pilotage and the protection of responsibility, the limitation of responsibility.