Legislation

Search OpenLegislation Statutes
This entry was published on 2021-11-19
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 89-A
Pilotage on the Hudson river; rates
Navigation (NAV) CHAPTER 37, ARTICLE 6
§ 89-a. Pilotage on the Hudson river; rates. 1. Every foreign vessel
and every American vessel under register, except vessels proceeding
otherwise than by sea and of less than three hundred gross registered
tons and having a fully loaded draft of seven feet or less, entering or
departing from the Hudson river north of a line running from the foot of
Main street, Yonkers, west to Alpine, New Jersey, or navigating any of
the waters of the Hudson river north of said line and south of the dam
at Troy, New York, shall take a Hudson river pilot licensed under the
authority of this article. Notwithstanding the provisions of this
subdivision, recreational vessels as defined in section 2101 (34) of
title 46 of the United States Code of less than two hundred feet in
length may be exempted from the compulsory state pilotage requirement at
the discretion of the board of commissioners of pilots. Whenever the
services of such a pilot are refused, the master, owners or consignees
shall pay pilotage as if one had been employed. Such pilotage shall be
paid to the pilot first speaking or offering his services as pilot to
such vessel. The pilotage authorized to be collected whenever a pilot
shall be refused by a vessel shall be sued for and recovered in the name
of the pilot tendering such service. Such pilotage, when recovered,
shall belong to and may be retained by such pilot for his own benefit
and use. Recreational vessels as defined in section 2101 (34) of title
46 of the United States Code may be exempted from the compulsory state
pilotage requirement pursuant to this subdivision at the discretion of
the board of commissioners of pilots.

2. It shall be unlawful for any person not licensed as a Hudson river
pilot under this article to pilot or offer to pilot any foreign vessel
or vessel from a foreign port or any vessel under register on that
portion of the Hudson river specified in the preceding subdivision.

3. Violation of subdivision two of this section shall be a misdemeanor
punishable by a fine not exceeding one hundred dollars or by
imprisonment not exceeding sixty days. Any person employing such an
unlicensed person to act as pilot shall forfeit and pay the sum of one
hundred dollars to the board of commissioners of pilots.

4. (a) Every foreign vessel and every American vessel under register
navigating the waters of that portion of the Hudson river specified in
this section shall be subject to base pilotage rates hereinafter
specified in this subdivision:

(b) From or into the port of New York:
Yonkers Line
The following scale of charges shall be applicable:

(1) (i) All vessels of 100 pilotage units and over shall pay $12.17
per pilotage unit for Section 1, Lower River; Yonkers, to all ports
through Hyde Park.
The following charges shall be applicable to Section 1, Lower River:
Up to 50 pilotage units ........................................ $852.97
More than 50 and up to 100 pilotage units ..................... $1217.00
All vessels of 100 pilotage units and over shall pay ............ $17.19
per pilotage unit for Section 2, Upper River; Yonkers, to all ports
beyond Hyde Park through Albany or Troy.
The following charges shall be applicable to Section 2, Upper River:
Up to 50 pilotage units ....................................... $1406.05
More than 50 and up to 100 pilotage units ..................... $1719.00
A maximum charge of up to 500 pilotage units shall be applicable.

(ii) Twelve months after the effective date of this clause the
following base pilotage rates shall be applicable:

All vessels of 100 pilotage units and over shall pay $12.41 per
pilotage unit for Section 1, Lower River; Yonkers, to all ports through
Hyde Park.
The following base pilotage rates shall be applicable to Section 1,
Lower River:
Up to 50 pilotage units ........................................ $870.03
More than 50 and up to 100 pilotage units ..................... $1241.00
A maximum charge of up to 500 pilotage units
shall be applicable.
All vessels of 100 pilotage units and over shall pay a base pilotage
rate of .......................................................... 17.53
per pilotage unit for Section 2,
Upper River; Yonkers, to all ports beyond Hyde
Park through Albany or Troy.
The following base pilotage rates shall be applicable to Section 2,
Upper River:
Up to 50 pilotage units ....................................... $1434.17
More than 50 and up to 100 pilotage units ..................... $1753.00
A maximum charge of up to 500 pilotage units shall be applicable.

(iii) Twenty-four months after the effective date of this clause the
following base pilotage rates shall be applicable:

All vessels of 100 pilotage units and over shall pay $12.66 per
pilotage unit for Section 1, Lower River; Yonkers, to all ports through
Hyde Park.
The following base pilotage rates shall be applicable to Section 1,
Lower River:
Up to 50 pilotage units ........................................ $887.43
More than 50 and up to 100 pilotage units ..................... $1266.00
A maximum charge of up to 500 pilotage units shall be applicable.
All vessels of 100 pilotage units and over shall pay a base pilotage
rate of ......................................................... $17.88
per pilotage unit for Section 2, Upper River; Yonkers, to all ports
beyond Hyde Park through Albany or Troy.
The following base pilotage rates shall be applicable to Section 2,
Upper River:
Up to 50 pilotage units ....................................... $1462.85
More than 50 and up to 100 pilotage units ..................... $1788.00
A maximum charge of up to 500 pilotage units shall be applicable.

(iv) Thirty-six months after the effective date of this clause the
following base pilotage rates shall be applicable:

All vessels of 100 pilotage units and over shall pay $12.85 per
pilotage unit for Section 1, Lower River; Yonkers, to all ports through
Hyde Park.
The following base pilotage rates shall be applicable to Section 1,
Lower River:
Up to 50 pilotage units ........................................ $900.74
More than 50 and up to 100 pilotage units ..................... $1285.00
A maximum charge of up to 500 pilotage units shall be applicable.
All vessels of 100 pilotage units and over shall pay a base pilotage
rate of ......................................................... $18.15
per pilotage unit for Section 2, Upper River; Yonkers, to all ports
beyond Hyde Park through Albany or Troy.
The following base pilotage rates shall be applicable to Section 2,
Upper River:
Up to 50 pilotage units ....................................... $1484.48
More than 50 and up to 100 pilotage units ..................... $1815.00
A maximum charge of up to 500 pilotage units shall be applicable.

(v) Forty-eight months after the effective date of this clause the
following base pilotage rates shall be applicable:

All vessels of 100 pilotage units and over shall pay $13.07 per
pilotage unit for Section 1, Lower River; Yonkers, to all ports through
Hyde Park.
The following base pilotage rates shall be applicable to Section 1,
Lower River:
Up to 50 pilotage units ........................................ $914.25
More than 50 and up to 100 pilotage units ..................... $1307.00
A maximum charge of up to 500 pilotage units shall be applicable.
All vessels of 100 pilotage units and over shall pay a base pilotage
rate of ......................................................... $18.42
per pilotage unit for Section 2, Upper River; Yonkers, to all ports
beyond Hyde Park through Albany or Troy.
The following base pilotage rates shall be applicable to Section 2,
Upper River:
Up to 50 pilotage units ....................................... $1507.07
More than 50 and up to 100 pilotage units ..................... $1842.00
A maximum charge of up to 500 pilotage units shall be applicable.

(vi) Beginning on the thirtieth day following the effective date of
the act that added this clause, the following base pilotage rates shall
be applicable:

All vessels of 100 pilotage units and over shall pay $13.34 per
pilotage unit for Section 1, Lower River; Yonkers, to all ports through
Hyde Park.
The following base pilotage rates shall be applicable to Section 1,
Lower River:
Up to 50 pilotage units ........................................ $932.54
More than 50 and up to 100 pilotage units ..................... $1333.14
A maximum charge of up to 500 pilotage units shall be applicable.
All vessels of 100 pilotage units and over shall pay a base pilotage
rate of ......................................................... $18.79
per pilotage unit for Section 2, Upper River; Yonkers, to all ports
beyond Hyde Park through Albany or Troy.
The following base pilotage rates shall be applicable to Section 2,
Upper River:
Up to 50 pilotage units ....................................... $1537.22
More than 50 and up to 100 pilotage units ..................... $1878.84
A maximum charge of up to 500 pilotage units shall be applicable.

(vii) Effective January first, two thousand twenty-two, the following
base pilotage rates shall be applicable:

All vessels of 100 pilotage units and over shall pay $13.61 per
pilotage unit for Section 1, Lower River; Yonkers, to all ports through
Hyde Park.
The following base pilotage rates shall be applicable to Section 1,
Lower River:
Up to 50 pilotage units ........................................ $951.20
More than 50 and up to 100 pilotage units ..................... $1359.81
A maximum charge of up to 500 pilotage units shall be applicable.
All vessels of 100 pilotage units and over shall pay a base pilotage
rate of ......................................................... $19.17
per pilotage unit for Section 2, Upper River; Yonkers, to all ports
beyond Hyde Park through Albany or Troy.
The following base pilotage rates shall be applicable to Section 2,
Upper River:
Up to 50 pilotage units ....................................... $1567.97
More than 50 and up to 100 pilotage units..................... $1916.42
A maximum charge of up to 500 pilotage units shall be applicable.

(1-a) All vessels shall pay an additional launch fee and communication
fee. The launch fee shall be set by the board of commissioners of pilots
to recoup the cost of operating a pilot launch and pilot station at
Yonkers. The communication fee shall be set by the board of
commissioners of pilots to recoup the cost of portable electronic
communication and navigation equipment carried aboard the vessel by the
pilot.

All vessels transiting Section 2, Upper River; Yonkers, to beyond Hyde
Park through Albany or Troy shall pay a mid-river launch fee. The
mid-river launch fee shall be set by the board of commissioners of
pilots to recoup the cost of operating a pilot launch and pilot station
at Norrie Point.

The launch fee, communication fee, and mid-river launch fee shall be
reviewed annually by the board of commissioners of pilots on or about
the anniversary date upon which this section shall have become a law.

In the event a vessel transiting the Hudson River requires a
continuous pilotage of more than ten hours, two pilots shall be assigned
at the beginning of such transit, and the fee shall be the regular
pilotage fee plus fifty percent for the second pilot. The fee for the
second pilot shall not apply when the first pilot is discharged at the
mid-river pilot station and relieved at such station by a second pilot.
A second pilot shall not be required when the vessel anchors for a
minimum of eight hours such that the transit does not require a
continuous pilotage of more than ten hours by one pilot.

(1-b) There is hereby created a Hudson River pilots surcharge board
which shall determine the rate of the surcharge provided in subparagraph
one-c of this paragraph. The surcharge board shall determine eligibility
for benefits pursuant to subdivisions five and eight of this section.

The Hudson River pilots surcharge board shall consist of two members
as follows: the president of the board of commissioners of pilots of the
state of New York, or his or her designee from the board of
commissioners, and the president of the Hudson River pilots association,
or his or her designee who must be a member of such association. In the
event the two members cannot reach a decision on the surcharge rate, a
third member shall be appointed by the two members from a list submitted
by the Society of Maritime Arbitrators from its lists of commercial
arbitrators. If, after submission of such a list, the two members of the
board fail to agree upon a single arbitrator as the third member, then
the Society of Maritime Arbitrators shall be authorized to select and
submit the name of the third member for appointment. Such third member
shall be appointed within ten days of a deadlocked vote of the Hudson
River pilots surcharge board. Such members shall vote at meetings called
upon written notice mailed seven calendar days in advance of the
meeting, to determine the rate of surcharge, assisted as necessary by
qualified actuaries or accountants, authorized in clause (i) of
subparagraph one-c of this paragraph during each calendar quarter in
time sufficient for such surcharge to be in effect on the following
January first, April first, July first, and October first of each year.
Written notice of meetings may be waived if done so with unanimous
consent of all board members. Members of the Hudson River pilots
surcharge board shall be subject to section seventeen of the public
officers law.

(1-c) (i) In addition to the base pilotage charge set forth in
subparagraph one of this paragraph, there is hereby established a
surcharge on every foreign vessel and every American vessel under
register navigating that portion of the Hudson River specified in this
section. Such surcharge, as determined quarterly by the Hudson River
pilots surcharge board, shall be imposed for the exclusive purpose of
the funding, on a sound actuarial basis, the retirement benefits for
Hudson River pilots, described in clause (ii) of this subparagraph.

(ii) The amount of the surcharge described in clause (i) of this
subparagraph shall be computed as follows:
PILOTAGE UNITS SURCHARGE
0 to 50 $113.00
51 to 100 $138.00
over 100 $1.38 per pilot unit
during the first twelve months after the effective date of this
subparagraph.

The amount of the surcharge described in clause (i) of this
subparagraph shall be computed as follows:
PILOTAGE UNITS SURCHARGE
0 to 50 $170.00
51 to 100 $207.00
over 100 $2.07 per pilot unit
during the period beginning with the thirteenth month and ending with
the twenty-fourth month after the effective date of this subparagraph.

The amount of the surcharge described in clause (i) of this
subparagraph shall be computed as follows:
PILOTAGE UNITS SURCHARGE
0 to 50 $213.00
51 to 100 $260.00
over 100 $2.60 per pilot unit
during the period beginning with the twenty-fifth month and ending with
the thirty-sixth month after the effective date of this subparagraph.

The amount of the surcharge described in clause (i) of this
subparagraph shall be computed as follows:

Pilotage units surcharge
0-50 $250.00
51-100 $305.00
Over 100 $ 3.05 per pilot unit
during the period beginning with the thirty-seventh month and ending
with the forty-eighth month after the effective date of this
subparagraph.

The amount of the surcharge described in clause (i) of this
subparagraph shall be computed as follows:

Pilotage units surcharge
0-50 $280.00
51-100 $341.00
Over 100 $ 3.41 per pilot unit
during the period beginning with the forty-ninth month and ending with
the sixtieth month after the effective date of this subparagraph.

(iii) Following the sixtieth month after the effective date of this
subparagraph, the amount of the surcharge as determined by the surcharge
board shall not exceed the greater of thirty-five percent of the sum of
the base pilotage charges collected pursuant to the rate set forth in
this subparagraph for Section 2, Upper River; Yonkers, to all ports
beyond Hyde Park through Albany or Troy, as amended, or five hundred
thousand dollars, in any calendar year.

(iv) The scale of charges set forth in this subparagraph is deemed a
pilotage fee and shall be subject to the provisions of section
ninety-five of this article.

(v) (A) The proceeds of the surcharge provided for in this section
shall be deposited in an account maintained by the Hudson River pilots
association for the benefit of Hudson River pilots eligible for benefits
as provided in this clause, from which account all such benefits and the
reasonable expenses for administration thereof shall be paid. The monies
on deposit in such account shall be referred to hereafter as the
"retirement assets". All retirement assets shall be used exclusively to
pay a yearly target retirement benefit to (I) Hudson River pilots active
on the date pilotage rates are computed pursuant to this subparagraph
and thereafter, upon retirement on or after the age of sixty; (II)
retired Hudson River pilots or Hudson River pilots receiving benefits on
the effective date of this section; and (III) to eligible surviving
spouses of retired pilots.

(B) Hudson River pilots who are also Sandy Hook pilots eligible to
receive a full branch retirement benefit under item (B) of subclause one
of clause (ii) of subparagraph one of paragraph (b) of subdivision four
of section eighty-eight of this article shall be excluded from receiving
any benefits specified in subdivision five of this section.

(C) No individual other than those specified in subclause (A) of this
clause shall be eligible for benefits pursuant to the surcharge
described in clause (i) of this subparagraph without the approval of the
Hudson River pilots surcharge board.

(D) The funds generated by the surcharge imposed by clause (i) of this
subparagraph shall be administered by the executive committee of the
Hudson River pilots association, or any successors thereto. Any funds
generated by the surcharge imposed by clause (i) of this subparagraph
which exceed the funds deemed sufficient to provide the benefits set
forth in items (I) and (III) of subclause (A) of this clause shall be
used to defray the retirement benefits set forth in this subclause.

(E) The surcharges pursuant to clause (i) of this subparagraph shall
be collected by the agent of the Hudson River pilots. Funds generated
for these purposes shall be audited annually by the surcharge board to
ensure proper funding for the purposes set forth in clause (i) of this
subparagraph.

(2) "Pilotage units" shall be determined as expressed by the following
formula:

Overall length x extreme breadth x depth to uppermost continuous deck
divided by 10,000 equals pilotage units.

(3) In the middle river and upper river as specified herein no foreign
and no American vessel under register shall be docked, undocked or
shifted unless such docking, undocking or shifting is performed by a
Hudson river pilot duly licensed under this article.

(c) Definitions: "Overall length" is the distance between the forward
and after extremities of the vessel.

"Extreme breadth" is the maximum breadth to the outside of the shell
plating of the vessel.

"Depth" is the vertical distance at amidships from the top of the keel
plate to the uppermost continuous deck fore and aft, and which extends
to the sides of the vessel. The continuity of a deck shall not be
considered to be affected by the existence of openings, including but
not limited to tonnage openings, engine space or a step in the deck.

All measurements shall be in feet and inches (U.S.).

The board of commissioners of pilots shall be the sole arbiter with
respect to a question concerning these definitions. The decision by the
board shall be final.

(d) The measurement of overall length, extreme breadth and depth, as
previously defined, shall be made available to the pilot by the master
or his agent for the purpose of computation of pilotage fees.

Failure to provide the measurements so required shall subject vessel
to the maximum pilotage charge.

5. Each Hudson River pilot who entered service after two thousand five
as a Hudson River pilot shall participate in such qualified retirement
program as adopted by each such pilot and funded by such portion of the
surcharge allocated thereto by the surcharge board to provide a
contribution of an amount equivalent to twelve percent of the earnings
from service as an active Hudson River pilot based upon the base
pilotage tariffs set forth in subparagraph one-c of paragraph (b) of
subdivision four of this section. Such amount shall be transferred
directly by the agent to such pilot's retirement account, it being
understood that such pilot's entire retirement benefit will be provided
solely by the account balance of such retirement account on the date of
retirement. In addition, such surcharge shall be used to purchase life
and disability insurance coverage from an insurance company selected by
the board. Such disability insurance shall provide a disability benefit
computed as a single life annuity, equal to fifty percent of the amount
which is equal to such pilot's earnings from service as an active Hudson
River pilot based upon the base pilotage tariffs set forth in
subparagraph one-c of paragraph (b) of subdivision four of this section
during the last full calendar year of service as an active Hudson River
pilot prior to disability, until the age of sixty. In the event such
disability insurance is unavailable, each such pilot eligible for sick
retirement benefits shall receive, a yearly benefit computed as a single
life annuity equal to the sum of ten percent of the amount which is
equal to the earnings from service as an active Hudson River pilot based
upon the pilotage tariffs set forth in subparagraph one-c of paragraph
(b) of subdivision four of this section during the last full calendar
year of service as an active Hudson River pilot prior to disability and
one and six-tenths percent for each year of service after the first year
to a maximum of fifty percent of the amount which is equal to the
earnings from service as an active Hudson River pilot based upon the
base pilotage tariffs set forth in subparagraph one-c of paragraph (b)
of subdivision four of this section during the last full calendar year
of service as an active Hudson River pilot prior to disability, until
the age of sixty.

6. Hudson River pilots who retired before nineteen eighty shall
receive an annual retirement benefit in the amount of thirty-four
thousand nine hundred ninety-five dollars; those who retired from
nineteen eighty-one through nineteen ninety shall receive an annual
retirement benefit in the amount of thirty-nine thousand nine hundred
ninety-five dollars; those who retired from nineteen hundred ninety-one
through two thousand shall receive an annual retirement benefit in the
amount of forty-four thousand nine hundred ninety-four dollars; those
who retired in two thousand one shall receive an annual retirement
benefit in the amount of fifty-eight thousand four hundred ninety-two
dollars; those who retired in two thousand eight shall receive an annual
retirement benefit in the amount of fifty-nine thousand nine hundred
ninety-two dollars; those who retired in two thousand ten shall receive
an annual retirement benefit in the amount of forty-nine thousand nine
hundred ninety-three dollars; an active Hudson River pilot who retires
before two thousand sixteen shall receive an annual retirement benefit
in the amount of eighty-four thousand six hundred dollars.

7. (a) A Hudson River pilot eligible for benefits set forth in
subdivision five of this section, who retires, shall not be entitled to
commence receiving benefits until the commencement of the benefit
payment period next following the date on which such pilot retired or
became eligible for disability retirement benefits. For accounting
purposes, the benefit payment periods shall consist of a full calendar
quarter commencing on January first, April first, July first, and
October first of each year, but the first payments of benefits shall be
made during the months of March, June, September, and December.

(b) No active Hudson River pilot shall commence receiving benefits
until a properly completed resignation as an active pilot specifying a
proposed date of retirement has been submitted in writing to the Hudson
River pilots executive committee, or successor thereto, prior to
November first, if retirement is to become effective on the first day of
the following January; prior to February first, if retirement is to
become effective on the first day of the following April; prior to May
first, if retirement is to become effective on the first day of the
following July; and, prior to August first, if retirement is to become
effective on the first day of the following October.

(c) For the purpose of the computations described in subdivision five
of this section, service by a pilot of more than six months of such
pilot's last calendar year as an active pilot shall be considered a full
calendar year.

(d) If a retired Hudson River pilot dies without a surviving spouse,
the balance of the yearly pension benefit for the remainder of the
benefit payment period shall be paid to the deceased pilot's estate or
designated beneficiary after which all rights to benefits shall be
terminated.

8. (a) The eligible surviving spouse of a Hudson River pilot described
in subdivision five of this section who dies while in active service
shall receive a yearly pension benefit equal to fifty percent of the
amount which such deceased pilot would have received under subdivision
five of this section had retirement immediately preceded the date of
death.

(b) With respect to Hudson River pilots described in subdivision five
of this section, the eligible surviving spouse of a deceased retired
Hudson River pilot receiving retirement benefits on the date of death,
shall receive a yearly benefit equal to the deceased pilot's benefit for
the remainder of the benefit payment period in which death occurred, and
thereafter fifty percent of the amount received by the deceased pilot on
the date of death.

(c) Upon the death of the eligible surviving spouse of a deceased
Hudson River pilot who was receiving benefits, the balance of the yearly
pension benefit for the remainder of the benefit payment period shall be
paid to the deceased surviving spouse's estate or designated beneficiary
after which all rights to benefits shall terminate.

9. A "Hudson River pilot" for the purposes of this section is defined
as an individual holding a license to act as Hudson River pilot for the
waters of the Hudson River north of a line running from the foot of Main
Street in Yonkers to Alpine, New Jersey and south of the dam at Troy,
issued by the board of commissioners of pilots of the state of New York.
A "retired Hudson River pilot" for the purposes of this section is a
pilot who retired from active service in the Hudson River pilots
association. An "eligible surviving spouse" for the purposes of this
section is defined as a spouse of a deceased pilot married at least one
year prior to the date of death of the deceased pilot.