Working with Australian pilots
Marine Notice 9/2006
Supersedes 26/2002 & 34/2002
The purpose of this Marine Notice is to give guidance to masters and watch keepers regarding working with Australian pilots in Australian waters.
Pilot Boarding Arrangements
The attention of shipowners, operators, masters and pilots is drawn to the provisions of Marine Orders Part 21 (Safety of Navigation and Emergency Procedures) paragraph 17, IMO Resolution A 889(21) and SOLAS Chapter V/23 regarding pilot transfer arrangements.
It is noted that responsibility for safe pilot transfer practices rests with each of the ship’s master and crew, pilot and launch crew. Unless these parties observe both the spirit and intent of the regulations noted above safety will be compromised. AMSA stresses that all parties must acknowledge the risks associated with transfer operations and adopt and follow recognised international industry standards and practices.
To this end, maritime authorities in Australia support both the Australian Marine Pilots Association and the International Marine Pilots Association in implementing their SOLAS based objectives for ensuring a safe and secure means for pilots to board and disembark from vessels.
It is expected that all Australian pilots, where possible, visually inspect the pilot transfer arrangements before using any equipment provided. If the boarding or disembarking arrangements do not comply fully with Regulation 23 of Chapter V of SOLAS and IMO Resolution A 889(21), the pilot may require the vessel to make changes and delays may result from the need to change an improperly rigged, inadequately maintained or poorly positioned pilot ladder.
Masters and watch keepers are also reminded that they should confirm with the pilotage service provider the exact requirements for the positioning and height above the water that the ladder must be rigged before the vessel arrives at the agreed pilot boarding place. Strict attention should be paid to the freeboard of the vessel to determine whether a combination ladder needs to be rigged, and to securing such ladders to the ships side. In all cases, ladders must be rigged clear of sponsons and obstructions on the ships side that might present a hazard to the pilot vessel when alongside.
Masters and watch keepers should also comply so far as possible with requests from pilots as to the course and speed required to provide a safe lee for boarding or disembarking vessels. Coxswains of pilot vessels, signal stations, VTS, or VTIS services should also ensure that all requests to vessels as to course and speed in order to facilitate pilot transfer are initiated by the responsible pilot.
It should be noted that Australian pilots are required to report all instances of non-compliance with Regulation 23 of Chapter V of SOLAS or Marine Orders Part 21 (Safety of Navigation and Emergency Procedures) and that vessels whose pilot boarding arrangements do not comply may become subject to a higher priority for inspection by Port State Control.
A serious breach of the Marine Orders in relation to transfer operations is a valid reason for AMSA to consider that a major non-conformity exists in the vessels safety systems as covered by the ISM Code and vessels that do not comply will be the subject of appropriate action by AMSA.
Bridge Resource Management (BRM)
Seafarers, shipowners and pilots are reminded of the importance of well-planned Bridge Resource Management (BRM) and efficient watch keeping techniques to enhance safety and reduce human and systemic errors in navigating ships. Mariners should be familiar with the provisions of Appendix 1, 2, 3 and 4 of Marine Orders Part 28 (Operations Standards and Procedures)1, the STCW 1995 Chapter VIII – Watchkeeping and the requirement to plan their voyage.
Australian communities are sensitive to incidents that affect the marine environment such as collisions or groundings in ports, harbours, or other waterways including the Great Barrier Reef and other environmentally sensitive regions - particularly if such incidents result in pollution.
Effective BRM should begin at the initial passage planning stage and include the following:
- Navigation and operational tasks and responsibilities should be clearly defined and delegated;
- Dangers that may be met at all stages of each voyage and the precautions and contingency arrangements necessary to manage these risks should be identified;
- Priorities should be set and constantly reviewed;
- The vessels position, speed, and heading with respect to other vessels and to physical features of navigation should be continuously monitored;
- Monitoring of the vessels navigation against the authorised passage plan should be continuous;
- Deviation from the authorised passage plan or standard operating procedures should be noted and acted upon immediately;
- Electronic aids should be used in an informed and careful manner; and
- Support for the master and pilot when navigating should be sufficient and positive at all times.
Vessels engaged in regular short voyages where the nature of the trade is such that they are frequently under some form of pilotage are of concern. In these circumstances, there may be a tendency to ignore (through familiarity) the need to constantly review and revise the passage plan.
Analysis of maritime incidents suggests that up to 80% are caused by human error and not by mechanical breakdown or lack of competency. Many incidents are attributed to “single person” error, where a mistake made by one person was not noticed or corrected by other members of the bridge team in time to prevent an incident from occurring, i.e. an incorrectly applied helm order. Where marine casualties have occurred with a pilot on board, many have been attributed to flawed master/pilot relationships. In many cases, when the pilot boarded the ship, the master and deck officers ceased to monitor the navigation and the position of the ship.
The master and the bridge team should remember that they are always responsible for, and are in charge of the safe navigation of the ship, even when navigating with a pilot; and should be aware of Section 410B of the Navigation Act,
410B Civil liability in relation to ship under pilotage
- A pilot who has the conduct of a ship is subject to the authority of the master of the ship and the master is not relieved from responsibility for the conduct and navigation of the ship by reason only of the ship being under pilotage.
- Despite any law of the Commonwealth or of a State or Territory, the owner or master of a ship navigating under circumstances in which pilotage is compulsory under such a law is answerable for any loss or damage caused by the ship, or by a fault of the navigation of the ship, in the same manner as the master or owner would if pilotage were not compulsory.
- If a pilot:
(a) does an act, issues an instruction, or provides information or advice in or in relation to the pilotage of a ship; and
(b) that act is done, that instruction is issued, or that information or advice is provided, in the course of the pilot’s duty and in good faith; and
(c) that act, instruction, information or advice affects the navigation of the ship so that loss or damage is caused to or by the ship;
neither the pilot nor any pilotage provider responsible for the provision of the pilot’s services is liable in civil proceedings for that loss or damage.
Also section 7 of Marine Orders Part 54 (Coastal Pilotage) and section 3.3.38 of Appendix 1 of Marine Orders Part 28 (Operations Standards and Procedures).
Australian pilots expect masters and watch keepers to participate fully in the navigation of their vessel during pilotage. The master and the deck officers must continue to monitor the safe passage of the ship, critically appraise the pilot’s advice and incorporate the pilot fully into the bridge team in a mutually supportive manner to ensure the efficient and safe navigation of the vessel. All BRM procedures still apply when a pilot boards the ship, and the bridge team should conduct a pre-passage briefing together with the pilot to ensure a shared view of the intended passage prior to its execution.
Reporting of Incidents
Australian pilots work under various “Safety Management Systems” and “Codes of Conduct” required by pilotage service providers. These have a common feature of requiring pilots to report all incidents relating to the safety of navigation that they may observe, including “near miss” events, or mechanical or operational non-conformances.
The requirement for pilots to report exists to enable data to be generated over time for analysis and used in identifying recurrent events that may have previously been treated as isolated incidents and not indicative of a common problem.
Future events can then be guarded against or an apparent risk reduced or removed by introducing appropriate scheduling or port operating procedures.
Masters and watch keepers should also be aware that pilotage service providers have a requirement to pass relevant information about incidents that are reported to them by pilots to Australian Authorities.
Dianne Rimington
A/g Chief Executive Officer
24 May 2006
Australian Maritime Safety Authority
GPO Box 2181
CANBERRA ACT 2601
File No: 035994
Term of Validity:- Permanent
1Current Marine Orders can be found at the following web site; http://www.amsa.gov.au/Shipping_Safety/Marine_Orders/Marine_Orders_currently_in_force.asp