Chapter LXX

A. As mandated by R.S. 34:1041 , these rules and regulations are issued by the board in accordance with the Louisiana Administrative Procedure Act, R.S. 49:950 et seq., for the purpose of adopting rules, regulations and requirements regarding the general qualifications and examin…

A. As used in this Chapter, the following terms, unless the context otherwise requires or unless redefined by a particular part hereof, shall have the following meanings: Accredited Institution of Higher Learning- an institution that is accredited by the Commission of Colleges of…

A. Any person wishing to submit an application to enter the Pilot Development Program shall obtain an application from the board. The board's contact information is: Board of Examiners for New Orleans and Baton Rouge Steamship Pilots for the Mississippi River 2805 Harvard Avenue,…

A. An applicant must be of good moral character. An applicant shall be required to submit to a background check conducted by the Jefferson Parish Sheriff's office. An applicant shall sign all pertinent authorization forms allowing the board to obtain and verify the authenticity o…

A. In addition to the above, an applicant must submit satisfactory proof of the following licensing, education and experience criteria. 1. An applicant must hold at least a current First Class Pilots License, Any Gross Tons, upon the Lower Mississippi River from Chalmette, Louisi…

A. At least 40 days prior to an apprentice selection, NOBRA must inform the board, in writing, that a selection will be held and the date of the selection. B. At least 35 days prior to the apprentice selection, the board will advertise the date of the apprentice selection, as wel…

A. Following an apprentice selection, all unselected applications on file with the board will be deemed expired and destroyed. Notes La. Admin. Code tit. 46 , § LXX-6208 Promulgated by the Office of the Governor, Board of Examiners for New Orleans and Baton Rouge Steamship Pilots…

A. The Pilot Development Program is a mandatory program administered by the board for all Association selected applicants wherein each applicant must successfully and satisfactorily perform such duties, receive training and instruction, meet required standards, pass examinations …

A. In order to be recommended to the governor for commissioning as a pilot, all apprentices must complete an examination to be conducted by the board as a practicum, orally, written or a combination thereof. This examination shall test the apprentice's knowledge of pilotage and d…

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-62…

A. Due to the safety sensitive nature of the duties performed by state commissioned pilots, this board has a strong commitment to the public and maritime industry. The board promulgates these standards of conduct, in order to further enhance the safety and well being of the citiz…

A. The board hereby adopts the following rules and regulations relating to all applicants, apprentices, state commissioned New Orleans and Baton Rouge steamship pilots or any association comprised thereof pursuant to the provisions of R.S. 34:1041 et seq. Where applicable, any co…

A. As mandated by R.S. 34:1041 et seq., these rules and regulations, are promulgated by the board, in accordance with the Louisiana Administrative Procedure Act, R.S. 49:950 et seq., for the purpose of adopting rules, regulations and requirements for pilot oversight of New Orlean…

A. As used in this Chapter, the following terms, unless the context otherwise requires or unless redefined by a particular part hereof, shall have the following meanings. Administrative Procedure Act (APA)- the Louisiana Administrative Procedure Act, R.S. 49:950 et seq. Applicant…

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-63…

A. The board shall take the necessary actions for any violation of its policies, rules and regulations. These actions may include referral of such pilot to the Office of the Governor, if required by law, for reprimand, fine, suspension and/or revocation. Notes La. Admin. Code tit…

A. The board may in its discretion recommend to the Office of the Governor, reprimand, fine, suspension and/or revocation of a pilot, deputy pilot, or apprentice for the following non-exclusive list of particulars: 1. failure to maintain, in good, valid and current standing a Uni…

A. Obligation of safe pilotage rest entirely with each and every individual state commissioned pilot. When a pilot offers themselves for any pilotage assignment, such pilot certifies and warrants that they are competent, capable and qualified for such assignment and will perform …

A. Pilots shall use a standard of navigation consistent with that of a prudent pilot in adherence with common local practices. B. Pilots shall use their own independent judgment when piloting an assigned vessel. C. The board does not direct or control a pilot in the performance o…

A. 1. Every pilot seeking to maintain a pilot's commission must successfully complete the following required courses every five years: a. A Bridge Resource Management (B.R.M.P.) course or seminar for pilots; b. An Emergency Ship Handling course or seminar for pilots; c. A marine …

A. For the purpose of this rule, a turn is the time period from dispatch to the termination of the allotted travel time. B. All pilots shall have a minimum of 12 hours rest period between turns. C. For the purpose of this rule, the rest period begins at the termination of the all…

A. The purpose of this Section is to ensure that pilots retain their skills in ship handling and maintain familiarity on the NOBRA route. B. All pilots shall complete at least 60 turns each calendar year. A calendar year commences on the first of January each year. 1. The preside…

A. Due to the safety sensitive nature of the duties performed by state commissioned pilots, this board has a strong commitment to the public and maritime industry. In accordance with state law, and in order to further enhance the safety and well being of the citizens of Louisiana…

A. As mandated by R.S. 34:1041 , these rules and regulations are issued by the board in accordance with the Administrative Procedure Act under R.S. 49:950 et seq., for the purpose of adopting rules, regulations and requirements for oversight of pilots, apprentices, candidates or …

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-64…

A. In any case, where a vessel under pilotage shall go aground, or shall collide or allide with any other object, or shall meet with any incident, or be injured or damaged in any way, the pilot shall report the matter as follows: 1. report the incident to the nearest United State…

A. When any examiner has reason to believe that the conduct or actions of a pilot is creating a dangerous or unsafe condition, the examiner may immediately relieve that pilot from duty, without the necessity of formal notice and hearing, in order to protect the interests of the S…

A. All incidents and complaints reported to the board shall be referred for investigation. 1. any source may file a sworn complaint within one year of the alleged acts complained of; 2. the board shall receive any sworn complaint from any source against any pilot, deputy pilot or…

A. No member of the board shall participate in the investigation of or vote on any matter to which he/she is a party to or in which he/she has a conflict of interest. In such cases, he/she shall automatically be recused from participating in or voting on such matters. Notes La. A…

A. Due to the safety sensitive nature of the duties performed by pilots, the board will maintain and enforce a strict policy of zero tolerance for the use of prohibited drugs and the misuse of alcohol. Prohibited drugs shall not be used, possessed, nor distributed by any pilot, a…

A. As used in this Chapter: Administrative Procedure Act (APA)- the Louisiana Administrative Procedure Act under R.S. 49:950 et seq. Alcoholic Beverage- any fluid, or solid capable of being converted into fluid, suitable for human consumption, which contains ethanol; any substanc…

A. Regular and random, unannounced urine and hair drug screening shall be done at a frequency designed to assure the state, shipping clients and the general public that the board is dedicated in its enforcement of a zero tolerance policy towards prohibited drugs and the abuse of …

A. Any pilot involved in an accident or incident while performing his duties as a pilot shall be subject to a urine drug screen test, as required by these rules, U.S. DOT rules and United States Coast Guard regulations. This urine drug screen shall consist of an expanded screenin…

A. Every NOBRA pilot shall submit to a hair drug screen on a bi-annual basis. The timing of the bi-annual hair drug screens for each pilot shall be randomly selected as per a protocol designed by the board. Each pilot shall appear for their hair drug screen when notified to do so…

A. Whenever there is a positive test result, that pilot shall be entitled to split sample/referee sample testing or safety net testing through the board's designated testing facilities. B. The board shall designate, an authorized testing facility or laboratory. C. The designated …

A. Any pilot with a prohibited drug detected in his system will have an opportunity to explain any medical condition which may have had an effect on the test result. However, passive inhalation or atmospheric contamination are not acceptable explanations for confirmed positive dr…

A. Every pilot has a duty to ascertain whether a prescription medication, legally prescribed, will impair their ability to safely perform their piloting duties. If, after consultation with their treating physician, a pilot reasonably believes or has been informed or advised that …

A. No pilot shall consume any alcohol within six hours before, or during, the performance of their piloting duties. Alcohol testing shall be conducted following any incident involving a pilot in the performance of their duties. The board and/or the Board of Directors of NOBRA may…

A. The results of all positive drug screens and alcohol tests shall be confidential and shall not be disclosed to any entity or person other than: 1. The Governor of Louisiana; 2. The board of Louisiana River Pilot Review and Oversight; 3. The United States Coast Guard; and 4. In…

A. It is understood that any provision and/or requirement herein that is deemed invalid and 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-6…

A. Any investigation, action or disciplinary proceeding undertaken in conjunction with this policy shall be conducted in accordance with the Louisiana Administrative Procedure Act, R.S. 49:950 et seq. Notes La. Admin. Code tit. 46 , § LXX-6512 Promulgated by the Board of Examiner…

Agent -an authorized representative of the vessel owner. Apprentice Pilot Review Committee -a committee selected by the general membership of the Associated Branch Pilots of the Port of Lake Charles to receive and review applications, interview pilot candidates, and monitor train…

A. Commissioners and examiners shall be selected as members of the board in accordance with R.S. 34:1072 . B. The officers of the board shall be chairman, vice-chairman, and secretary. C. The chairman shall preside at all meetings of the board. Except as otherwise authorized by r…

A. The board issues these rules and regulations to administer, implement, and enforce R.S. 34:1072 . The procedure for proposing, amending, repealing, and promulgating a rule or regulation shall be in accordance with the Administration Procedure Act, R.S. 49:950 et seq. B. These …

A. The pilot apprentice applicant shall be a graduate from either The U.S. Merchant Marine Academy (deck curriculum), The U. S. Coast Guard Academy and qualified as officer-in-charge of a navigational watch, The U.S. Naval Academy and qualified as officer-in-charge of a navigatio…

A. Commissioned pilots shall comply with all requirements to maintain current their Louisiana State Commission and such other certifications and continuing educational classes, training, or programs as determined necessary by the board. B. Commencing January 1, 2006, every commis…

A. River port pilots may form themselves into an association not in conflict with the rules and regulations of the board. B. The formation of any association, incorporated or non-incorporated, which is for the purpose of providing pilotage service under the law, including but not…

A. In any case, where a vessel under pilotage shall go aground or collide with another vessel or allide with any object or meet with any marine casualty, or be injured or damaged in any way or in the event of a near-miss of any of the above, the board shall cause to be conducted …

A. Pilotage charges and rates shall be fixed, without board involvement, in accordance with established procedures of the Board of Louisiana River Pilot Review and Oversight, pursuant to R.S. 34:1121 et seq., as may be necessary following disputes. Notes La. Admin. Code tit. 46 ,…

A. The association will act upon all requests for pilot services without delay; provided, they have been notified a minimum of four hours prior to any vessel's expressed intended need of pilot(s). B. Pilots shall consult and cooperate with the Lake Charles Harbor and Terminal Dis…