Title 33 — Title 33
0 chapters · 531 sections in this title.
Ala. Code § 33-4-41 Revocation or Suspension of License for Cause - Generally. [Effective
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until June 1, 2026.] THIS SECTION WAS REPEALED BY ACT 2026-18, EFFECTIVE JUNE 1, 2026. For any violation by any pilot of any of the provisions of this chapter, or any of the rules and regulations established by the commission under the authority conferred upon the said commission…
Ala. Code § 33-4-42 Revocation or Suspension of License for Cause - Failure of Witness to
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Answer Subpoena. [Effective until June 1, 2026.] THIS SECTION WAS REPEALED BY ACT 2026-18, EFFECTIVE JUNE 1, 2026. On the failure to answer such subpoenas when so served, such witness shall forfeit the sum of $50.00, for which the said commission may, in its own name, bring a civ…
Ala. Code § 33-4-43 Revocation or Suspension of License for Cause - Witnesses’ Fees and
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Mileage. [Effective until June 1, 2026.] THIS SECTION WAS REPEALED BY ACT 2026-18, EFFECTIVE JUNE 1, 2026. Such witnesses shall be paid the sum of $1.50 a day during their attendance upon such commission at such hearing, and $.05 a mile for each mile traveled in going from their …
Ala. Code § 33-4-44 Revocation or Suspension of License for Cause - Issuance of
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Subpoenas in Behalf of Pilot. [Effective until June 1, 2026.] THIS SECTION WAS REPEALED BY ACT 2026-18, EFFECTIVE JUNE 1, 2026. Such pilot against whom such charges have been filed, upon depositing with the secretary of said commission an amount sufficient to cover the costs and …
Ala. Code § 33-4-45 Revocation or Suspension of License for Cause - Hearings; Decision of
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Commission. [Effective until June 1, 2026.] THIS SECTION WAS REPEALED BY ACT 2026-18, EFFECTIVE JUNE 1, 2026. Such hearing shall be conducted under such rules and regulations as the commission may from time to time establish. The commission shall hear the testimony of the witness…
Ala. Code § 33-4-46 Grounds for Depriving Pilot of Branch. [Effective until June 1, 2026.]
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THIS SECTION WAS REPEALED BY ACT 2026-18, EFFECTIVE JUNE 1, 2026. The commission may deprive any pilot of his branch for a willful violation of his duties, or the orders or regulation of the commissioners, or for negligently losing or injuring any vessel in his charge; or when la…
Ala. Code § 33-4-47 Penalty for Acting Without License. [Effective until June 1, 2026.]
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THIS SECTION WAS REPEALED BY ACT 2026-18, EFFECTIVE JUNE 1, 2026. Any person who pilots a foreign vessel, or an American vessel under register, or any other vessel subject to the payment of pilotage fees under the provisions of this chapter, entering or leaving the Port of Mobile…
Ala. Code § 33-4-48 Pay of Pilots - Generally. [Effective until June 1, 2026.]
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THIS SECTION WAS REPEALED BY ACT 2026-18, EFFECTIVE JUNE 1, 2026. (a) The master, owner, agent, or operator of any ship or vessel shall pay the pilot who conducts a vessel into or out of the Bay or Harbor of Mobile a fee to be fixed by the State Pilotage Commission at the followi…
Ala. Code § 33-4-49 Pay of Pilots - Time of Payment. [Effective until June 1, 2026.]
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THIS SECTION WAS REPEALED BY ACT 2026-18, EFFECTIVE JUNE 1, 2026. A pilot who has brought a vessel into port is entitled to his fees before her departure from port, to be paid in advance, or security given for the payment and, on failure thereof, may refuse to carry the vessel ou…
Ala. Code § 33-4-5 Chair; Acting Chair. [Effective until June 1, 2026.]
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THIS SECTION WAS REPEALED BY ACT 2026-18, EFFECTIVE JUNE 1, 2026. The commissioners shall elect a chair to preside at its meetings who may not be the bar pilot commission member. It shall be the further duty of the chair to supervise the official conduct of all the officers and e…
Ala. Code § 33-4-50 Pay of Pilots - Fees of Pilots Detained on Vessels. [Effective until June
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1, 2026.] THIS SECTION WAS REPEALED BY ACT 2026-18, EFFECTIVE JUNE 1, 2026. If the master of any vessel retains a pilot on board, the wind and weather permitting her going to sea, the pilot is entitled to $50.00 for every day of such detention. If a master carries off a pilot fro…
Ala. Code § 33-4-51 Pay of Pilots - No Discrimination or Rebating of Pilot’s Fees. [Effective
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until June 1, 2026.] THIS SECTION WAS REPEALED BY ACT 2026-18, EFFECTIVE JUNE 1, 2026. There shall be no discrimination among vessels subject to the payment of pilotage fees, and any person who rebates any pilotage fees or seeks a rebate of pilotage fees or in any manner creates …
Ala. Code § 33-4-52 Pay of Pilots - Exemptions from Payment of Pilot’s Fees. [Effective until
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June 1, 2026.] THIS SECTION WAS REPEALED BY ACT 2026-18, EFFECTIVE JUNE 1, 2026. All vessels, whether sail, steam or propelled by any other motive power, including vessels, barges and rafts in tow, engaged in coastwise trade, including those engaged in trade or plying upon the na…
Ala. Code § 33-4-53 Compulsory Retirement of Bar Pilots. [Effective until June 1, 2026.]
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THIS SECTION WAS REPEALED BY ACT 2026-18, EFFECTIVE JUNE 1, 2026. Every bar pilot licensed and branched by the State Pilotage Commission upon reaching the age of 68 years shall be required to retire and surrender his license or branch to the State Pilotage Commission. History: (A…
Ala. Code § 33-4-54 Vessels Required to Take Pilots. [Effective until June 1, 2026.]
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THIS SECTION WAS REPEALED BY ACT 2026-18, EFFECTIVE JUNE 1, 2026. All steam or sail vessels crossing the outer bar of Mobile Bay, except those exempt under this chapter, shall be conducted, controlled or navigated by a pilot licensed by or under authority of the laws of the State…
Ala. Code § 33-4-55 Pilot Boats Must Offer Services to Vessels Nearest Bar. [Effective until
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June 1, 2026.] THIS SECTION WAS REPEALED BY ACT 2026-18, EFFECTIVE JUNE 1, 2026. Every pilot boat cruising or standing out to sea must offer service of a pilot to the vessel nearest the bar, unless a vessel more distant is in distress, under penalty of $50.00 for every neglect or…
Ala. Code § 33-4-56 Delivery of Orders and Letters by Pilot. [Effective until June 1, 2026.]
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THIS SECTION WAS REPEALED BY ACT 2026-18, EFFECTIVE JUNE 1, 2026. It is the duty of every outer-bar pilot to deliver to the master of any and every vessel approaching the Bay or Harbor of Mobile, as soon as he can board such vessel, all orders and letters which may be sent him fo…
Ala. Code § 33-4-57 Report of Unlawful Discharge of Ballast, Sweepings, Rubbish, Etc., in
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Bay, Etc. [Effective until June 1, 2026.] THIS SECTION WAS REPEALED BY ACT 2026-18, EFFECTIVE JUNE 1, 2026. Every pilot, having knowledge of the discharge of ballast, sweepings, screenings, cinders, refuse and rubbish of any kind in the Bay of Mobile or in any river emptying into…
Ala. Code § 33-4-6 Secretary. [Effective until June 1, 2026.]
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THIS SECTION WAS REPEALED BY ACT 2026-18, EFFECTIVE JUNE 1, 2026. The State Pilotage Commission may employ a secretary, who may not be a member of the commission, and who shall be paid an annual salary set by the commission. Before entering upon the duties of office, the secretar…
Ala. Code § 33-4-7 Meetings. [Effective until June 1, 2026.]
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THIS SECTION WAS REPEALED BY ACT 2026-18, EFFECTIVE JUNE 1, 2026. The commissioners shall meet at least once every three months at such time and place as may be by them selected and may meet oftener as business requires. History: (Acts 1931, No. 81, p. 154, §3; Code 1940, T. 38, …
Ala. Code § 33-4-8 Vacancies in Office. [Effective until June 1, 2026.]
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THIS SECTION WAS REPEALED BY ACT 2026-18, EFFECTIVE JUNE 1, 2026. If a vacancy occurs from any cause in the office of a commissioner before the expiration of his term, his successor must be appointed by the Governor and hold office only for the unexpired portion of such term. His…
Ala. Code § 33-4-9 Territorial Jurisdiction. [Effective until June 1, 2026.]
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THIS SECTION WAS REPEALED BY ACT 2026-18, EFFECTIVE JUNE 1, 2026. The jurisdiction of said commission, under this chapter, shall extend over the waters of Mobile Bay, Mobile River and over all tributary streams flowing into Mobile Bay and Mobile River in which the tide ebbs and f…
Ala. Code § 33-4A-1 Applicability
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This chapter shall only apply to Class 2 municipalities. History: (Act 2019-162, §1.)
Ala. Code § 33-4A-10 Vacancies
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If a vacancy occurs from any cause in the office of a commissioner before the expiration of his or her current term, a successor must be appointed by the Governor and hold office only for the unexpired portion of the term. History: (Act 2019-162, §10.)
Ala. Code § 33-4A-11 Jurisdiction of Commission - Territorial
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The jurisdiction of the commission under this chapter shall extend over all vessels and pilots using the waterways of Mobile Bay and its rivers intending to enter or exit the Port of Mobile, its facilities, and affiliated regulated entities of the port. History: (Act 2019-162, §1…
Ala. Code § 33-4A-12 Jurisdiction of Commission - Harbor Masters
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The commission shall not have jurisdiction over harbor masters or deputy masters in any harbor or seaport in the Port of Mobile. History: (Act 2019-162, §12.)
Ala. Code § 33-4A-13 Rulemaking Authority
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(a) The commission may make all necessary rules regulating the piloting of ships and all watercrafts into and out of any harbor or seaport until berthed at the docking facility in the Port of Mobile or until past the Mobile Entrance Lighted Buoy M. Maritime data produced by forei…
Ala. Code § 33-4A-14 Civil Actions to Recover Forfeitures
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The commissioners, in their own names as commissioners or in that of their chair, may bring a civil action for and recover any forfeiture accruing under this chapter not otherwise specifically appropriated. History: (Act 2019-162, §14.)
Ala. Code § 33-4A-15 Recordkeeping
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The commissioners shall preserve a record of their acts and of the rules and regulations adopted by them for the direction and government of pilots. They shall also preserve upon record a list of all persons appointed pilots by them, and of those whom they may declare to have for…
Ala. Code § 33-4A-16 Number of Pilots; Qualifications
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(a) At no time shall there exist more apprentices or pilots than are reasonably necessary to meet the requirements of commerce. The number of apprentices and pilots shall be determined by the commission. (b) The commission shall be the sole judge of the seniority and statutory qu…
Ala. Code § 33-4A-17 Register of Applicants for Apprenticeship; Seniority; Statutory
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Requirements. (a) In order to prevent delays in the apprenticeship and branching of bar pilots, the commission, when necessary, shall maintain a register of applicants containing no more than nine applicants for apprenticeship who must be not less than 21 years of age. (b) All pe…
Ala. Code § 33-4A-18 Selection of Apprentices
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All apprentices, before becoming eligible for service as apprentices, shall be selected and approved by the commission. History: (Act 2019-162, §18.)
Ala. Code § 33-4A-19 Discharge of Apprentice; Appeal
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A Mobile Bay or bar pilot apprentice may not be discharged except for cause, and any apprentice or boatkeeper so discharged may appeal the discharge to the commission, and if the commission, upon an investigation, finds that the discharge was without sufficient cause, the commiss…
Ala. Code § 33-4A-2 Creation; Composition; Powers and Duties; Quorum
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(a) There shall be a board of pilotage commissioners in each Class 2 municipality, to be known as the State Pilotage Commission. The commission shall consist of three voting members. One voting member shall be engaged in a local maritime business, one voting member shall be an ac…
Ala. Code § 33-4A-20 Branching or Licensing Criteria
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To be eligible to be branched or licensed as the next bar pilot, a person shall meet all of the following criteria at the time of branching or licensing: (1) The person shall be the senior apprentice, with seniority to be determined by date of satisfactory completion of all of th…
Ala. Code § 33-4A-21 Examination and Certification
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Before an applicant is branched or licensed, the commission shall prepare in writing suitable questions to test his or her knowledge and competency to become a bar pilot. The applicant, without any aid from any other person and without having been informed as to what question wou…
Ala. Code § 33-4A-22 Passing Examination Entitles Apprentice Pilot to License, Etc
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An apprentice pilot who has successfully passed an examination for a Mobile Bay or bar pilot shall not be required to undergo or pass another examination before being entitled to his or her license or status as a Mobile Bay or bar pilot. History: (Act 2019-162, §22.)
Ala. Code § 33-4A-23 Issuance of License; Possession and Exhibition of License; Oath of
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Pilot. The commission shall issue to each bar pilot licensed and branched by the commission an original and a duplicate certificate of his or her appointment, competency, and authority to act as a bar pilot, and as to the extent thereof, and shall reissue duplicate certificates f…
Ala. Code § 33-4A-24 Levy, Payment, and Disposition of Pilot’s License Tax
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There is levied upon each licensed bar pilot engaged in service as a bar pilot under this chapter a license or privilege tax in the sum of one hundred dollars ($100) annually plus any reasonable additional assessment that arises and is necessarily incurred out of the performance …
Ala. Code § 33-4A-25 Bond of Pilot - Required; Amount; Conditions; Renewal
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Before receiving his or her branch, the bar pilot must make and deliver to the commissioners a bond payable to the chair of the commission and his or her successors, in the penal sum of two thousand dollars ($2,000) with surety to be approved by the commissioners, and with condit…
Ala. Code § 33-4A-26 Bond of Pilot - Preserving Bonds, Etc.; New Bonds; Actions on Bonds;
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Liabilty. (a) The commissioners shall preserve on file all bonds and affidavits taken from bar pilots, and, whenever they consider it necessary, may require a new bond to be executed. The bar pilot’s bond stands as security for any injury caused by the negligence or want of skill…
Ala. Code § 33-4A-27 Suspension or Revocation of License - Notice; Hearing
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For any violation by any bar pilot of any of the provisions of this chapter, or any of the rules established by the commission under the authority conferred upon the commission by this chapter, or under any authority which may be hereafter conferred upon the commission, the commi…
Ala. Code § 33-4A-28 Suspension or Revocation of License - Witnesses’ Fees
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Witnesses may be paid a reasonable fee, as determined by the commission, for attendance at the hearing. The witness fees shall be paid out of the funds of the commission. History: (Act 2019-162, §28.)
Ala. Code § 33-4A-29 Suspension or Revocation of License - Subpoenas
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The bar pilot against whom the charges have been filed, upon depositing with the secretary of the commission an amount sufficient to cover the costs and expenses of serving the subpoenas, together with the mileage of the witnesses and an amount sufficient to cover at least three …
Ala. Code § 33-4A-3 Qualifications of Commissioners
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All of the members of the commission, at the time of their appointment and during their respective terms of office, shall be citizens of the United States and qualified electors of the State of Alabama. History: (Act 2019-162, §3.)
Ala. Code § 33-4A-30 Suspension or Revocation of License - Conduct of Hearings
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The hearing shall be conducted under the rules as the commission may from time to time establish. The commission shall hear the testimony of the witnesses and may administer oaths to the witnesses, and false swearing, after the administration of the oath by the commission, shall …
Ala. Code § 33-4A-31 Grounds for Depriving Pilot of Branch
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The commission may deprive any pilot of his or her branch for a willful violation of his or her duties, or the orders or rules of the commission, or for negligently losing or injuring any vessel in his or her charge; or when laboring under mental derangement or when so addicted t…
Ala. Code § 33-4A-32 Penalty for Acting Without License
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Any person who pilots a foreign vessel, or an American vessel under register, or any other vessel subject to the payment of pilotage fees under this chapter, entering or leaving the Port of Mobile, in or out of the Bay of Mobile or over the outer bar thereof, without a license fr…
Ala. Code § 33-4A-33 Pay of Pilots - Generally
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(a) The master, owner, agent, or operator of any ship or vessel shall pay the bar pilot who conducts a vessel into or out of the Bay or Harbor of Mobile a fee to be fixed by the commission at the rate of thirty-eight dollars ($38) per draft foot for actual draft of water at the t…
Ala. Code § 33-4A-34 Pay of Pilots - Time of Payment
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A bar pilot who has brought a vessel into port is entitled to his or her fees before the vessel’s departure from port, to be paid in advance, or security given for the payment and, on failure thereof, may refuse to carry the vessel out. History: (Act 2019-162, §34.)