MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Ports, Harbors and Airports
By: Representatives Busby, Monsour, Barton, Bennett, Brown (20th), Carpenter, Crawford, DeBar, DeLano, Eure, Guice, Haney, Ladner, Lott, McLeod, Patterson, Read, Rushing, Steverson, Zuber
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 compulsory pilots and to maintain state licensed 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 state licensed pilot or pilot trainee providing compulsory pilot services pursuant to Section 59-1-41 shall not be liable for more than Five Thousand Dollars ($5,000.00) 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 state licensed compulsory 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 state licensed pilot or pilot trainee required pursuant to Section 59-1-41; or
(b) The damage or loss was caused by the error, omission, fault, or neglect of a licensed pilot or pilot trainee.
(3) In a proceeding brought against a state licensed pilot or pilot trainee, who is providing compulsory pilot services pursuant to Section 59-1-41, 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 state 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.
(5) For the sole purpose of occasions when this act is applicable as a defense to liability by a state licensed pilot or pilot trainee, the state licensed pilot or pilot trainee, providing pilot services pursuant to Section 59-1-41, asserting such defense shall be considered to have been acting as the servant of the vessel, its owner and its operator.
(6) Notwithstanding any provision to the contrary, this section shall not be construed to affect the liability of a vessel operator, captain, master, or pilot that is: (a) not required pursuant to Section 59-1-41, (b) operating solely under a federal piloting license, or (c) operating an American vessel laden with coast-wise cargo not destined for a foreign port.
(7) This section shall apply to all causes of action which accrue on or after July 1, 2013.
SECTION 3. This act shall take effect and be in force from and after July 1, 2013.