Chapter 776 — Chapter 776
85 sections in this chapter.
ORS 776.357 Maximum maritime pilot license fee. (1) The maximum annual license fee for a maritime pilot is $2,500 for the biennium beginning July 1, 2007
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(2) The Oregon Board of Maritime Pilots shall adjust the amount of the maximum annual license fee for a maritime pilot for each subsequent biennium by a proportional amount equal to the percentage change in the 24-month period prior to the beginning of the biennium in the Consume…
ORS 776.360 [Repealed by 1957 c.448 §27]
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[Repealed or reserved.]
ORS 776.365 Pilot Account; uses. The Pilot Account is established in the State Treasury, separate and distinct from the General Fund. All moneys received by the Oregon Board of Maritime Pilots under this chapter shall be deposited in the account. All moneys in the account are continuously appropriated to the board and the board may use the moneys only to carry out the duties, functions and powers of the board, for the administration and enforcement of this chapter and for expenses incurred by the Public Utility Commission in its oversight of the board. [1957 c.448 §23; 1983 c.740 §256; 2007 c.768 §68; 2013 c.539 §5]
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[Repealed or reserved.]
ORS 776.370 [Repealed by 1957 c.448 §27]
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[Repealed or reserved.]
ORS 776.375 Disciplinary proceedings; administrative procedures; judicial review. (1) Where the Oregon Board of Maritime Pilots proposes to refuse to issue or renew a license to pilot, or proposes to revoke or suspend a license or proposes to issue a written reprimand, opportunity for hearing shall be accorded as provided in ORS chapter 183
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(2) Adoption of rules, conduct of hearings, issuance of orders and judicial review of rules and orders shall be as provided in ORS chapter 183. Contested case hearings shall be conducted by an administrative law judge assigned from the Office of Administrative Hearings establishe…
ORS 776.380 [Repealed by 1957 c.448 §27]
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[Repealed or reserved.]
ORS 776.390 [Repealed by 1957 c.448 §27]
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[Repealed or reserved.]
ORS 776.400 [Repealed by 1957 c.448 §27]
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[Repealed or reserved.]
ORS 776.405 License required; exemptions. (1)(a) Except as set forth in paragraph (c) of this subsection, a person may not pilot any vessel upon any of the pilotage grounds established under ORS 776.025 or 776.115 without being a licensee under this chapter or a trainee under the onboard supervision of a licensee under this chapter
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(b) Except as set forth in paragraph (c) of this subsection, a person may not pilot any vessel in the Columbia River bar precautionary zone, either to enter or depart the Columbia River bar pilotage ground, except pursuant to instructions from a licensee under this chapter for th…
ORS 776.410 [Amended by 1955 c.558 §1; repealed by 1957 c.448 §27]
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[Repealed or reserved.]
ORS 776.415 Compensation of licensees determined by law. No licensee shall demand or receive any greater, lesser or different compensation for piloting a vessel upon any of the pilotage grounds than is allowed by law. [1957 c.448 §25(2); 1993 c.796 §12]
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[Repealed or reserved.]
ORS 776.420 [Amended by 1953 c.141 §2; 1953 c.142 §2; 1955 c.698 §1; repealed by 1957 c.448 §27]
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[Repealed or reserved.]
ORS 776.425 Authority of licensees generally; compensation. Within the scope of the license, a licensee may pilot any vessel and demand and receive therefor the compensation allowed by law. [1957 c.448 §20(1); 1973 c.650 §2; 1985 c.32 §3; 1993 c.796 §13]
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[Repealed or reserved.]
ORS 776.430 [Repealed by 1957 c.448 §27]
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[Repealed or reserved.]
ORS 776.435 Refusing services of licensee; liability for pilotage fee. The master or person in charge of any vessel may refuse to accept the services of any particular licensee and shall call for another licensee, in which case the vessel and the owners, operators and agents of the vessel are liable only for the services of the licensee employed. [1957 c.448 §20(2); 1983 c.330 §2; 1991 c.234 §5; 1993 c.796 §14]
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[Repealed or reserved.]
ORS 776.440 [Repealed by 1957 c.448 §27]
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[Repealed or reserved.]
ORS 776.445 Liability of certain persons for licensee’s compensation. In addition to the lien of the licensee upon the vessel for any sum due for piloting, the master, owner and consignee or agent are jointly and severally liable to the licensee therefor. [1957 c.448 §21; 1993 c.796 §15]
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[Repealed or reserved.]
ORS 776.450 [Repealed by 1957 c.448 §27]
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[Repealed or reserved.]
ORS 776.455 Exhibition of license on boarding vessel. On boarding a vessel and if required by the master thereof, a licensee shall exhibit the license before the licensee is authorized to perform a piloting assignment. [1957 c.448 §19; 1993 c.796 §16]
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[Repealed or reserved.]
ORS 776.460 [Repealed by 1957 c.448 §27]
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[Repealed or reserved.]
ORS 776.465 [1957 c.448 §18; repealed by 1993 c.796 §23]
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[Repealed or reserved.]
ORS 776.470 [Repealed by 1957 c.448 §27]
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[Repealed or reserved.]
ORS 776.480 [Repealed by 1957 c.448 §27]
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[Repealed or reserved.]
ORS 776.490 [Repealed by 1957 c.448 §27]
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[Repealed or reserved.]
ORS 776.500 [Repealed by 1957 c.448 §27]
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[Repealed or reserved.]
ORS 776.510 Declaration of legislative intent relating to liability of licensees, trainees and organizations. (1) The stimulation and preservation of maritime commerce on the bar and river pilotage grounds of this state are declared to be affected with the public interest and the limitation and regulation of liability of licensees, trainees and organizations of pilots are necessary to such stimulation and preservation of maritime commerce and are deemed to be in the public interest
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(2) To accomplish the stimulation and preservation of maritime commerce it is necessary to establish an optional rate system whereby vessels and persons engaging the services of a licensee have the option of: (a) Agreeing not to assert any personal liability against any licensee,…
ORS 776.520 Tariffs limiting liability of licensees, trainees or organizations. Licensees and trainees are authorized to limit their liability and the liability of any organization of pilots to which they belong by tariffs approved by the Oregon Board of Maritime Pilots containing substantially the terms and provisions of the following form
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______________________________________________________________________________ The provisions of ORS 776.510 and 776.540 hereby are incorporated into and made a part of this tariff. By reason of the option granted by ORS 776.510, the rates and charges named in this tariff do not …
ORS 776.530 Licensees, trainees and organizations not liable for certain acts or omissions. An organization of pilots shall not be liable for any claims arising from acts or omissions of a licensee, trainee or organization of pilots which relate, directly or indirectly, to pilotage of a vessel. A licensee or trainee shall not be liable either directly or as a member or associate of an organization of pilots for any claims arising from acts or omissions of any other licensee, trainee or any organization of pilots which relate, directly or indirectly, to pilotage of a vessel. This section does not apply to acts or omissions relating to the ownership and operation of pilot boats or the transportation of licensees and trainees to and from the vessel being piloted. [1983 c.330 §8; 1993 c.796 §19]
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[Repealed or reserved.]
ORS 776.540 Security required of licensees and trainees; conditions of bond; limitation of liability. (1) Each licensee and trainee shall procure and furnish to the Oregon Board of Maritime Pilots a security in the sum of $250 as a surety bond or an irrevocable letter of credit, in a form approved by the board and underwritten by a surety company authorized to engage in business in the State of Oregon or issued by an insured institution, as defined in ORS 706.008, or as a cash deposit in a form approved by the board. The cash deposit, letter of credit or bond shall be conditioned so as to pay the sum to any person, firm, corporation or other legal entity who or which shall suffer any loss or damage by reason of any negligent act or omission of the licensee or trainee which relates, directly or indirectly, to pilotage of the vessel. No licensee or trainee shall be liable for any such act or omission beyond the amount of the security. However, this limitation of liability shall not apply
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(a) To willful misconduct on the part of the licensee or trainee; (b) To the extent to which insurance is procured pursuant to the option granted by ORS 776.510 and 776.520; or (c) To acts or omissions relating to the ownership and operation of pilot boats or the transportation o…
ORS 776.600 Restrictions on licensee’s or trainee’s financial interest in boat or equipment assisting vessel piloted by licensee or trainee. (1)(a) Except as provided in paragraph (b) of this subsection, a licensee or trainee may not pilot a vessel on the Coos Bay bar pilotage ground or the Yaquina Bay bar pilotage ground if the licensee or trainee, or an immediate family member of the licensee or trainee, has any financial interest in a boat or equipment assisting the vessel in entering or exiting the bay
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(b) The Oregon Board of Maritime Pilots shall adopt rules allowing a licensee or trainee who is prohibited from piloting a vessel under paragraph (a) of this subsection to pilot the vessel in an emergency, and fixing rates for pilotage under this paragraph. (2) This section does …
ORS 776.800 Collection of fee; remittance. (1) Except as provided in subsection (2) of this section, each licensee under this chapter shall collect a board operations fee from each vessel using the services of a licensee. The purpose of the fee is to allow the Oregon Board of Maritime Pilots to carry out its duties, functions and powers under this chapter. The fee may not exceed the amount described in ORS 776.810
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(2) The fee described in subsection (1) of this section shall be collected in the following manner: (a) For vessels entering or leaving the Columbia River, licensees for the Columbia River bar pilotage ground shall collect the fee from inbound vessels and licensees for the Columb…
ORS 776.810 Maximum amount of fee; adjustment of fee. (1) Subject to subsection (2) of this section, the maximum board operations fee for a vessel is $100
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(2) The Oregon Board of Maritime Pilots shall adjust the amount of the maximum board operations fee for a vessel each biennium beginning July 1, 2015, by a proportional amount equal to the percentage change in the 24-month period prior to the beginning of the biennium in the Cons…
ORS 776.880 Civil penalties. (1) In addition to any other penalty provided by law, any licensee or trainee who commits any act for which the Oregon Board of Maritime Pilots could revoke, suspend or refuse to issue or renew a license is subject to a civil penalty in an amount determined by the board of not more than $250 for each offense
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(2) Any person who violates the provisions of ORS 776.405 (1)(a) is subject to a civil penalty in an amount as determined by the board of not less than $5,000 and not more than $50,000. (3) Any person who violates the provisions of ORS 776.405 (1)(b) is subject to a civil penalty…
ORS 776.990 [Repealed by 1957 c.448 §27]
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[Repealed or reserved.]
ORS 776.991 Criminal penalties. Violation of any of the provisions of this chapter is a Class B misdemeanor. Notwithstanding ORS 137.286 and 161.635, the minimum fine for a violation of ORS 776.405 (1)(a) is $5,000 and the maximum fine is $50,000. [1957 c.448 §26; 1991 c.234 §7; 2011 c.597 §300]
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