Title HNC, California Harb. & Nav. Code

Every pilot in charge of a vessel arriving in Monterey Bay and the Bay of San Francisco, San Pablo, or Suisun, shall safely moor the vessel in place and position as directed by the master of the vessel, consistent with safe navigation and not contrary to law. (Amended by Stats. 2…

Every pilot in charge of a vessel leaving the Bays of San Francisco, San Pablo, and Suisun shall pilot it from its point of departure to a point beyond the San Francisco bar. Every pilot in charge of a vessel leaving Monterey Bay shall pilot it from its point of departure to a po…

When a pilot goes aboard a vessel, the pilot becomes a servant of the vessel and its owner and operator. Nothing in this division exempts the vessel or its owner or operator from liability to persons or property for damage or loss caused by the vessel or its operation on the grou…

A pilot licensed pursuant to this division shall do all of the following: (a) Take an oath of office in the manner prescribed by law. (b) Submit monthly to the board a verified account of all moneys or other compensation received by the pilot as a result of pilotage services, or …

(a) The account required pursuant to Section 1136 shall show all of the following: (1) The name of each vessel piloted. (2) The name of each vessel for which pilotage has been charged or collected. (3) The amount charged to or collected for each vessel. (4) Any rebates made and a…

(a) When cruising offshore or standing out to sea, pilots shall go to the vessel nearest to shore or in the most distress, or incur a penalty of one hundred dollars ($100). For each refusal by a pilot to board a vessel when required, a penalty of one hundred dollars ($100) shall …

(a) Every pilot boarding a vessel shall exhibit his commission or license as pilot when requested by the master of such vessel. (b) The board may suspend or revoke the commission or license of a pilot for refusal to exhibit such commission or license upon the proper request, and …

(a) It is the intent of the Legislature to provide for a unified system of state regulated pilotage for Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun. (b) The Legislature finds and declares that unified pilotage will be beneficial to the safety of people, vess…

(a) Each pilot license shall be valid for a period of one year and shall be renewed upon application and successful completion of the physical examination required by Section 1176. (b) A pilot license shall not be renewed if the pilot possessing the license does not actively pilo…

Any continuing education program adopted by the board shall regularly inform pilots of the hazards of fatigue and of effective strategies to prevent fatigue while on duty. (Added by Stats. 2012, Ch. 794, Sec. 2. (SB 1408) Effective January 1, 2013.)

A pilot shall refuse a pilotage assignment if he or she is physically or mentally fatigued and has a reasonable belief that the assignment cannot be carried out in a competent and safe manner. (Added by Stats. 2012, Ch. 794, Sec. 3. (SB 1408) Effective January 1, 2013.)

As used in this article, the following definitions apply: (a) “Customer” means any person who requests a repairperson to do work on a vessel which is in the possession of that person. (b) “Repairperson” means any person engaged in the business of repairing vessels. (c) “Vessel” m…

This article applies only to work done on a vessel with an estimated cost of one hundred dollars ($100) or more. (Added by Stats. 1986, Ch. 305, Sec. 1.)

Notwithstanding Section 502, a repairperson has no lien on a vessel under this article for compensation for services rendered to the vessel, unless the repairperson has complied with this article. (Added by Stats. 1986, Ch. 305, Sec. 1.)

No repairperson shall commence work for compensation without specific authorization from the customer or his or her agent in accordance with all of the following requirements: (a) The repairperson shall give to the customer either of the following: (1) A written estimated price f…

Any repairperson who gives an original estimate in good faith, shall not be obligated to complete a job within the quoted or written estimated price if additional, unforeseen work is necessary to complete the job and the customer refuses to consent to payment for the cost of that…

All work done by a repairperson, including all warranty work, shall be recorded on an invoice and shall describe all work done and parts supplied. Work and parts shall be listed separately on the invoice, which shall also state separately the subtotal prices for work and for part…

The invoice shall show the repairperson’s business name and address. If the repairperson’s telephone number is on the invoice, it shall be the telephone number that appears in any advertisement or on an advertising sign, and shall be the same number as that listed for the repairp…

Notwithstanding Section 413, upon authorization from the customer as to a specific job, a repairperson may work on a vessel on a time and materials basis. (Added by Stats. 1986, Ch. 305, Sec. 1.)

(a) This article does not apply to a vessel in distress which is in need of immediate work critical to its preservation and safety, for which consent cannot expeditiously be obtained. (b) This section does not include any situation or accident caused to the vessel by the negligen…

Any public agency with authority to approve or deny port projects that result in the filling of subtidal habitats within the ocean ports of California or habitats in the water of inland ports of California shall approve, as mitigation for those fill projects, any subtidal or in-w…

(a) For purposes of this section, “council” means the California Marine and Intermodal Transportation System Advisory Council, a regional subunit of the Marine Transportation System National Advisory Council chartered by the federal Secretary of Transportation under the Federal A…

The provisions of this Division, in so far as they are not in conflict with the admiralty and maritime jurisdiction and laws of the United States, apply to navigation on the navigable waters of the United States, as well as to navigation on the navigable waters of this state. (En…

Unless the context otherwise requires, the general provisions and definitions in this chapter govern the construction of this division. (Added by Stats. 1966, 1st Ex. Sess., Ch. 61.)

Whenever the term “Business, Transportation and Housing Agency” appears within the Harbors and Navigation Code, it shall refer to the Transportation Agency, and whenever the term “Secretary of Business, Transportation and Housing” appears within the Harbors and Navigation Code, i…

“Department” or “Division” means the Division of Boating and Waterways in the Department of Parks and Recreation. (Amended by Stats. 2013, Ch. 352, Sec. 322. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)

“Director” or “deputy director” means the Deputy Director of Boating and Waterways. (Amended by Stats. 2013, Ch. 352, Sec. 323. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)

“Harbor” means a portion of the ocean or inland waters within the jurisdiction of this state either naturally or artificially protected so as to be a place of safety for vessels, including the artificially protective works, the public lands ashore and the structures and facilitie…

“Channel” means any waterway now navigable in fact by vessels or artificially improved or created so as to be navigable by vessels, including the structures and facilities created to facilitate navigation. (Added by Stats. 1966, 1st Ex. Sess., Ch. 61.)

“Navigable waters” means waters which come under the jurisdiction of the United States Corps of Engineers and any other waters within the state with the exception of those privately owned. (Added by Stats. 1966, 1st Ex. Sess., Ch. 61.)

The adoption, repeal, amendment, or modification of any rules and regulations pursuant to this division shall be made in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 1982, Ch. 454, Sec. 8…

Any construction or development authorized by this division that also constitutes a project within the definition of Section 10105 of the Public Contract Code, when performed by the state, shall be subject to the State Contract Act. (Amended by Stats. 2001, Ch. 597, Sec. 7. Effec…

This part may be cited as the Harbor Development Bond Law of 1958. (Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)

As used in this chapter the following words shall have the following meanings: (a) “Committee” means the Harbor Improvement Bond Committee. (b) “Authority” means the San Francisco Port Authority, as the same is constituted by Part 1 (commencing at Section 1690) of Division 6 of t…

The following funds are created in the State Treasury for the purposes of this part: (a) Harbor Bond Sinking Fund. (b) Fifth San Francisco Seawall Fund. (c) Small Craft Harbor Bond Fund. (d) Small Craft Harbor Improvement Fund. (Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)

There is in the State Government the Harbor Improvement Bond Committee. The committee shall consist of the State Controller, the State Treasurer, and the Director of Finance. The Director of Finance shall be the chairman of the committee. A majority of the members of the committe…

The members of the committee shall not receive additional compensation for their services under this part. (Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)

For the purpose of creating funds to provide for the construction, improvement and development of harbors in this State as provided in this part, the Harbor Improvement Bond Committee is authorized and empowered to create a debt or debts, liability or liabilities, of the State of…

After adoption of any resolution by the committee, provided for in Section 3907, the State Treasurer shall arrange for the preparation of the requisite number of suitable bonds in accordance with the specifications contained in such resolution. The aggregate par value of all bond…

Whenever the authority pursuant to Section 3940 or the commission pursuant to Section 3950 determines by resolution that a bond issue under this part is necessary or desirable in order to make any of the expenditures authorized by this part, and so certifies to the committee, the…

The aggregate par value of all bonds issued under this part at the instance of the authority shall not exceed fifty million dollars ($50,000,000) and the aggregate par value of all bonds issued under this part at the instance of the commission shall not exceed ten million dollars…

All bonds issued under this part shall bear the facsimile signature of the Governor and the facsimile countersignature of the Controller and shall be endorsed by the State Treasurer by facsimile signature and the bonds shall be signed, countersigned and endorsed by the officers w…

All bonds herein authorized, which shall have been duly sold and delivered as herein provided, shall constitute valid and legally binding general obligations of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual pa…

In determining the dates of maturity of the bonds, and the amount thereof to mature at each date of maturity, the committee shall be guided, so far as it may deem to be practicable, by the amounts of the revenue estimated to accrue to the Harbor Bond Sinking Fund. The committee s…

The rate of interest to be borne by the bonds need not be uniform for all bonds of the same issue, series or division and shall be the rate or rates fixed and determined by the committee in a resolution adopted prior to the sale of the bonds or as specified in the bid accepted by…

Both principal of and interest on the bonds shall be payable in lawful money of the United States, at the Office of the State Treasurer, or at the office of any duly authorized fiscal agent of the State. (Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)