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Obligations where pilotage is compulsory.
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11.—(1) Every ship (other than an excepted ship) while navigating in a pilotage district in which pilotage is compulsory for the purpose of entering, leaving, or making use of any port in the district, and every ship carrying passengers (other than an excepted ship), while navigating for any such purpose as aforesaid in any pilotage district (whether pilotage is compulsory or not compulsory in that district) shall be either—
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(a) under the pilotage of a licensed pilot of the district; or
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(b) under the pilotage of a master or mate possessing a pilotage certificate for the district who is bonâ fide acting as master or mate of the ship.
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(2) If any ship (other than an excepted ship) in circumstances in which pilotage is compulsory under this section, is not under pilotage as required by this section, after a licensed pilot of the district has offered to take charge of the ship, the master of that ship shall be liable in respect of each offence to a fine not exceeding double the amount of the pilotage dues that could be demanded for the conduct of the ship.
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(3) For the purposes of this Act the following ships are excepted ships:—
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(a) Ships belonging to His Majesty;
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(b) Pleasure yachts;
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(c) Fishing vessels;
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(d) Ferry boats plying as such exclusively within the limits of a harbour authority;
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(e) Ships of less than fifty tons gross tonnage;
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(f) Ships exempted from compulsory pilotage by byelaw as hereinafter provided in this section.
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(4) A pilotage authority may by byelaw made under this Act exempt from compulsory pilotage in their district any of the following classes of ships, if not carrying passengers, up to such limit of gross tonnage in each case as may be fixed by the byelaw, that is to say:—
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(i) Ships trading coastwise;
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(ii) Home trade ships trading otherwise than coastwise;
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(iii) Ships whose ordinary course of navigation does not extend beyond the seaward limits of a harbour authority, whilst navigating within those limits or within such parts thereof as may be specified in the byelaw:
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Provided that, if any such byelaw appears to the Board of Trade to exempt from compulsory pilotage ships of any class or description which were not at the date of the passing of this Act in practice exempted in the district to which the byelaw relates, the Board shall not confirm the byelaw, but may, if they think fit, submit to Parliament a Bill confirming the byelaw with or without modifications, and such Bill shall be treated as if it were a Bill confirming a Pilotage Order, and the provisions of this Act with respect to such Bills shall apply accordingly.
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(5) For the purposes of this section, a ship which habitually trades to or from any port or ports outside the British Islands shall not be deemed to be trading coastwise, and a ship which habitually trades to or from any port outside the home trade limits shall not be deemed to be a home trade ship, by reason only that she is for the time being engaged on a voyage between ports in the British Islands, or within the home trade limits, as the case may be.
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