Senate Bill 2092

AN ACT TO CREATE NEW SECTION 59-1-42, MISSISSIPPI CODE OF 1972, TO LIMIT AND REGULATE THE LIABILITY OF VESSEL PILOTS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. 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 in the public interest.

SECTION 2. The following shall be codified as Section 59-1-42, Mississippi Code of 1972:

59-1-42. Licensed pilot liability. (1) A licensed pilot or pilot trainee providing pilot services in accordance with this chapter shall not be liable for damage or loss caused by the licensed pilot's or pilot trainee's error, omission, fault, or neglect in the performance of the pilot services, except for the following:

(a) Damage or loss that arises because of the willful misconduct or reckless disregard for safety by the licensed pilot or pilot trainee; or

(b) An act or omission relating to the ownership and operation of a pilot boat unless the pilot boat is directly involved in pilot services other than the transportation of licensed pilots.

(2) This section does not exempt a vessel or its owner or operator from liability for damage or loss caused by the vessel to a person or property on the grounds that:

(a) The vessel was piloted by a licensed pilot or pilot trainee; or

(b) The damage or loss was caused by the error, omission, fault, or neglect of a licensed pilot or pilot trainee.

(3) In an action brought against a licensed pilot or pilot trainee 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 licensed pilot or pilot trainee.

(4) Liability under this section shall also be limited as follows:

(a) A pilot or pilot trainee is not liable directly or as a member of an organization of pilots for any claim that:

(i) Arises from an act or omission of another pilot or pilot trainee or organization of pilots; and

(ii) Relates directly or indirectly to pilot services.

(b) An organization of pilots shall not be liable for any damages caused by a licensed pilot's or pilot trainee's error, omission, fault or neglect in the performance of pilotage services.

SECTION 3. This act shall take effect and be in force from and after July 1, 2012.