206 sections in this chapter.
LXX LAC tit. 46, §LXX-3201 — General Qualifications
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A. Applicant must be of good moral character. Evidence of a clear police record will be considered, but the board reserves the right to examine other sources of information as to the applicant's character. B. Applicant is and has been a voter of the state of Louisiana continuousl…
LXX LAC tit. 46, §LXX-3203 — Licensing Qualifications
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A. Each applicant must meet the below listed requirements. 1. Each applicant must hold a United States Coast Guard First Class Pilot License of Steam or Motor Vessel of any gross tons for the Mississippi River from Southport to the Head of Passes and for the Inner Harbor Navigati…
LXX LAC tit. 46, §LXX-3205 — [Effective until 12/31/2025] Education Qualifications
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A. In addition to the requirements described herein, the Applicant must have a bachelor's degree or diploma granted by a college or university accredited by one of the regional accreditation agencies recognized by the United States Department of Education for the accreditation of…
LXX LAC tit. 46, §LXX-3207 — Physical Qualifications
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A. The applicant, when requested, must be examined by a physician, clinic, or group of physicians of the board's choosing to determine the applicant's physical condition. The examination report must reflect to the board's satisfaction that the applicant's physical condition is sa…
LXX LAC tit. 46, §LXX-3209 — Apprenticeship
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A. The apprentice must serve a minimum of 12 months of apprenticeship. The apprentice will handle deep draft vessels over the operating territory under the tutelage of not less than 50 percent of the pilots. The apprentice must perform the duties of an apprentice in a professiona…
LXX LAC tit. 46, §LXX-3211 — Age Restrictions
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A. A pilot shall be required to resign their pilot commission in the calendar year the pilot attains the age of 70. Notes La. Admin. Code tit. 46 , § LXX-3211 Promulgated by the Office of the Governor, Board of River Port Pilot Commissioners, LR 29:2070 (October 2003), amended LR…
LXX LAC tit. 46, §LXX-3301 — Restricted Duties Guidelines
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A. The deputy pilot development program is a mandatory program administered by the board to develop pilot skill after the pilot receives a pilot commission or license. B. The deputy pilots shall adhere to the guidelines and restrictions established by the board which may factor t…
LXX LAC tit. 46, §LXX-3401 — Drug Use
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A. Pilots and apprentices shall be free of the use of any drug as defined in §3103, excluding prescription medication as defined in § 3103 so long as the use of such prescription medication does not impair the physical competence of the pilot. B. The board shall designate a testi…
LXX LAC tit. 46, §LXX-3403 — Alcohol Use
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A. No pilot shall consume any alcohol of any nature whatsoever within six hours before, or during, the performance of pilotage duties. B. No pilots shall perform their duties when their blood alcohol content is 0.04 or greater. C. Any pilots who believe they would be in violation…
LXX LAC tit. 46, §LXX-3501 — Continuing Professional Education
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A. Every pilot seeking to maintain a pilot's commission must attend 40 hours of professional education classes and programs every five-year cycle as defined by the board. B. In addition, the pilot must attend a man model ship training program every five years. C. Professional edu…
LXX LAC tit. 46, §LXX-3601 — Marine Incident Investigation
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A. Any pilot piloting a vessel involved or allegedly involved in a marine incident shall, as soon as practical, notify the board of the incident by telephone. However, said notice must occur within two hours of the incident. B. The pilot shall provide the board a written report o…
LXX LAC tit. 46, §LXX-3603 — Competence
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A. All pilots shall complete at least 60 turns each calendar year. B. Any pilot who has not piloted at least 60 turns in a calendar year shall be required to report the said absence to the board. Prior to returning to the duties of a pilot, the pilot must satisfy the return to du…
LXX LAC tit. 46, §LXX-3605 — Complaints
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A. Any person having cause to file a complaint against a pilot may file such complaint with the board. B. The complaint may be sent to the board at its address. Board of River Port Pilot Commissioners 2728 Athania Pky Metairie, LA 70002 brppc@cox.net C. The board shall investigat…
LXX LAC tit. 46, §LXX-3607 — Criminal Convictions
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A. Any pilot or apprentice convicted of the following must notify the board prior to returning to duty as a pilot: 1. a felony; 2. any offense in which the use of drugs or alcohol is involved. B. The board shall conduct a hearing to review the competency of any pilot who has been…
LXX LAC tit. 46, §LXX-3801 — Pilot Required
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A. A pilot is required on every vessel subject to pilotage any time the vessel is moved or relocated or if it is the intent to move or relocate the vessel. B. A pilot is required or on any vessel that cannot maintain safe moorings or maintain its proper position at anchor. C. The…
LXX LAC tit. 46, §LXX-3901 — Hearings
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A. The board may conduct hearings to perform its duties. The board in its discretion may appoint a hearing officer to conduct investigations. The hearing officer shall not be a member of the board. The hearing officer shall timely conduct investigations subject to the hearing pro…
LXX LAC tit. 46, §LXX-3905 — Committees
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A. The board may create committees to assist the board in the performance of its duties. B. The committee will be chaired by a member of the board and will report to the board. C. The size and members of the committee shall be designated by the board. Notes La. Admin. Code tit. 4…
LXX LAC tit. 46, §LXX-401 — Adoption of Inland Navigational Rules
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A. For those waters on which the Inland rules apply within the jurisdiction of the bar pilots, the board of examiners has adopted, by reference and in its entirety, the Inland Navigational Rules at 33 U.S.C. Section 2001 et seq. The board of examiners also adopted the navigation …
LXX LAC tit. 46, §LXX-402 — Ships Required to Take Pilots
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A. All ships and vessels inward or outward bound throughout the entrances of the Mississippi River or other inland waterway connecting the Port of New Orleans with the Gulf of Mexico, or other outside waters, except those of 100 tons or less lawfully engaged in the coasting trade…
LXX LAC tit. 46, §LXX-403 — Pilots' Duty of Remain on Board Ship until Crossing Bar
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A. When boarding an outward bound ship or vessel at the boarding stations bar pilots shall remain on board the ship until she crosses the bar, unless permission is given by the master for the pilot to absent himself from the ship or vessel. Notes La. Admin. Code tit. 46 , § LXX-4…
LXX LAC tit. 46, §LXX-404 — Acting as Pilot without License; Penalty
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A. No person who is not commissioned a bar pilot shall board any ship or vessel required to take a bar pilot, for the purpose of piloting, or to pilot or attempt to pilot the same; and no person or pilot shall board any such ship or vessel for the purpose of piloting, except from…
LXX LAC tit. 46, §LXX-405 — Pilot's Duty to Exhibit License
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A. Whoever offers to pilot a ship or other vessel shall, if required, exhibit to the commander thereof this identification card as a bar pilot, attested to by the chairman of the board of examiners; and if he refuses or neglects to do so, he shall not be entitled to any remunerat…
LXX LAC tit. 46, §LXX-406 — Employing Pilot without Licenses; Liability of Vessel, Master or Owner
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A. When a vessel, inward or outward bound to or from the Port of New Orleans employs as a pilot a person who is not a state commissioned bar pilot, when a bar pilot offers his services, the vessel, her captain and owners, shall be liable for a civil penalty of and shall forfeit t…
LXX LAC tit. 46, §LXX-407 — Employing Pilot without a State Commission; Penalties
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A. No master, owner, or agent of a vessel required under R.S. 34:953 to take a state commissioned bar pilot shall, when a state commissioned bar pilot offers his services, employ as a pilot a person who is not a state commissioned bar pilot. B. Whoever violated this Section shall…
LXX LAC tit. 46, §LXX-408 — Offering of Services
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A. As used in this Subpart, reference to the offering of a bar pilot or the offering of services by a bar pilot shall mean any offering of any advice or assistance with respect to pilotage by the commissioned bar pilot or by his authorized representative, including but not limite…
LXX LAC tit. 46, §LXX-409 — Prohibition of Interest of Members of Board of Commissioners of Port of New Orleans, in Pilot Boat or Pilotage
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A. The members of the board of commissioners of the Port of New Orleans shall not be interested, directly or indirectly, in any bar pilot boat or pilotage. Notes La. Admin. Code tit. 46 , § LXX-409 Promulgated by Office of the Governor, Board of Examiners of Bar Pilots for the Po…
LXX LAC tit. 46, §LXX-410 — Report by Pilot
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A. In any case where a vessel being piloted by a bar pilot shall go aground, or shall collide with any object, or shall meet with any casualty, which causes injury to persons or damage to property, the pilot shall, as soon as possible report such incident to the board. The pilot …
LXX LAC tit. 46, §LXX-411 — Pilots' Duty to Report
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A. Pilots, when notified, shall report in person to the board at the time and place so designated. Notes La. Admin. Code tit. 46 , § LXX-411 Promulgated by Office of the Governor, Board of Examiners of Bar Pilots for the Port of New Orleans, LR 29:357 (March 2003), amended LR 29:…
LXX LAC tit. 46, §LXX-412 — Pilots Summoned to Testify
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A. Any bar pilot summoned to testify before the board shall appear in accordance with such summons and shall make answer under oath to any question put to him, touching any matter connected with the pilot's service or of the pilot grounds over which he is commissioned to pilot. N…
LXX LAC tit. 46, §LXX-501 — Application
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A. The Board of Examiners of Bar Pilots for the Port of New Orleans, Louisiana (hereinafter "board") adopted the following rules and regulations relating to a drug and alcohol abuse policy applicable to all state licensed bar pilots pursuant to the provisions of R.S. 34:941 et se…
LXX LAC tit. 46, §LXX-502 — Statement of Findings and Purposes
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A. The board of has always had a strong commitment to the safety of the public. In order to carry out its mission, the board has established this policy regarding drug and alcohol abuse. The board's goal will continue to be one of establishing and maintaining a work environment t…
LXX LAC tit. 46, §LXX-503 — Bar Pilots' Assistance Program
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A. The board recognizes that the Associated Branch Pilots for the Port of New Orleans established a Bar Pilot's Assistance Program (BPAP) to provide help for any bar pilot whose personal alcohol or drug abuse problems may seriously affect his or her ability to function on the job…
LXX LAC tit. 46, §LXX-504 — Definitions
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A. As used in this Chapter: Alcoholic Beverage -any fluid, or solid capable of being converted into fluid, suitable for human consumption, which contains ethanol. Drug -all controlled dangerous substances as defined in R.S. 40:961.7. and R.S. 40:964 . Non-Prescription Medication …
LXX LAC tit. 46, §LXX-505 — Prohibitions and Requirements of the Policy
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A. A bar pilot who is under the influence of alcohol or drugs, or who possesses or uses alcohol or drugs on the job, has the potential for interfering with his own safety as well as that of the ship he is piloting and other vessels in the area, property and personnel. Consistent …
LXX LAC tit. 46, §LXX-506 — Drug Testing
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A. Testing. All bar pilots shall be subject to testing for the presence of any drug, as defined in § 504 A Drug , above. B. Types of Testing 1. All bar pilots shall submit to reasonable scientific testing for drugs when directed by the board. All procedures and activities conduct…
LXX LAC tit. 46, §LXX-507 — Alcohol Testing
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A. The board of examiners may require a pilot to submit to a blood alcohol test under the following circumstances: 1. upon written complaint signed by the complainant in accordance with Chapter 6 of the rules and regulations of the board of review of bar pilots of the Port of New…
LXX LAC tit. 46, §LXX-508 — Violations of the Policy
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A. Any pilot found to be in violation of this policy may be reprimanded, fined, evaluated, and treated for violations of this policy and have his commission suspended or revoked as provided by R.S. 34:945 and 962. B. Any bar pilot reasonably suspected of bringing on board any ves…
LXX LAC tit. 46, §LXX-509 — Test Results
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A. All drug test results shall be reviewed by a medical review officer in accordance with R.S. 49:1007 . B. Any pilot, confirmed positive, upon his written request, shall have the right of access, within seven working days of actual notice to him of his test results, to records r…
LXX LAC tit. 46, §LXX-601 — Application
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A. The purpose of this Section is to ensure compliance by the board of examiners of bar pilots for the Port of New Orleans with the provisions of the Louisiana Public Meeting Law and the records maintenance requirements of the provisions of R.S. 49:950 et seq. Notes La. Admin. Co…
LXX LAC tit. 46, §LXX-602 — Meetings of Examiners
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A. All meetings and notices thereof of the board of examiners shall be conducted in accordance of the Open Meetings Law ( R.S. 42:4 et seq.). The board shall meet at least once each quarter and meetings shall be called in accordance with R.S. 42:7 . Notes La. Admin. Code tit. 46 …
LXX LAC tit. 46, §LXX-603 — Record Keeping
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A. The board of examiners shall maintain records and conduct its hearings in accordance with R.S. 49:950 et seq. Notes La. Admin. Code tit. 46 , § LXX-603 Promulgated by Office of the Governor, Board of Examiners of Bar Pilots for the Port of New Orleans, LR 29:359 (March 2003), …
LXX LAC tit. 46, §LXX-6101 — Authority
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A. As mandated by R.S. 34:1041 , these rules and regulations are issued by the Board of Examiners for New Orleans and Baton Rouge Steamship Pilots in accordance with the Louisiana Administrative Procedure Act, R.S. 49:950 et seq., for the purpose of adopting rules, regulations an…
LXX LAC tit. 46, §LXX-6102 — Definitions
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Applicant- any person who has submitted an application to be considered for selection into the Pilot Development Program for New Orleans and Baton Rouge Steamship Pilots. Apprentice- any person duly selected by the members of NOBRA, but not yet commissioned, who is serving in the…
LXX LAC tit. 46, §LXX-6103 — Appointment
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A. When there is a need for new examiners, the board shall make recommendations to the governor for replacement(s) to fill any vacancies. B. When this need arises the board shall recommend only those pilots who have served at least five years as an unrestricted Louisiana state co…
LXX LAC tit. 46, §LXX-6104 — Expenses
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A. The board shall maintain an office and conduct business as is necessary to fulfill its legislative mandate and/or as may be required by these rules. B. All ordinary and necessary operating and administrative costs and expenses of the board, including, but not limited to , the …
LXX LAC tit. 46, §LXX-6105 — Rules, Records, Meetings, Application
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A. All board rules must be adopted by a majority of the examiners. The board shall maintain records in accordance with R.S. 44:1 et seq., and all other state laws. The board shall conduct its meetings in accordance with R.S. 42:4.1 et seq., and any other state laws. B. The board …
LXX LAC tit. 46, §LXX-6106 — Association of Pilots
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A. The pilots may form themselves into an association not in conflict with the rules and regulations of the board. B. The formation of an association incorporated or unincorporated which is for the purpose of providing pilotage service under the law, including but not limited to …
LXX LAC tit. 46, §LXX-6107 — Duties and Responsibilities of Pilots
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A. It is the duty and responsibility of pilots to provide for dispatching services and to maintain continuous communications sufficient to accept requests and dispatch orders for pilotage services 24 hours each day 7 days each week. B. The pilots shall organize themselves and be …
LXX LAC tit. 46, §LXX-6108 — Severability
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A. It is understood that any provision and/or requirement herein that is deemed invalid or unenforceable, for any reason whatsoever, may be severed from the whole and that the remaining provisions and/or requirements shall be deemed valid. Notes La. Admin. Code tit. 46 , § LXX-61…
LXX LAC tit. 46, §LXX-6201 — Statement of Purpose
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A. The purposes of these rules and regulations is to establish standards for recommendation by the board to the governor of the State of Louisiana for appointment as a New Orleans and Baton Rouge steamship pilot, pursuant to R.S. 34:1043 . B. The board is charged by the Louisiana…