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Department Of Transportation On The Modification Of The People's Republic Of China Pilot Registration And Qualification Management Regulation Decision (Amended In 2013)

Original Language Title: 交通运输部关于修改《中华人民共和国引航员注册与任职资格管理规定》的决定(附2013年修正本)

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Department of transportation on the modification of the People's Republic of China pilot registration and qualification management regulation decision (amended in 2013)

    (December 24, 2013 2013 20th release from the Ministry of transport as of December 24, 2013) Department of transportation decided to the People's Republic of China pilot registered with the qualification management regulation (Ministry of transport, 2008 2nd) as follows:

    First, to modify the rule name to the People's Republic of China management of pilot.

    Second, the article is changed to: "these measures apply to the pilot service, training, examination and evaluation of management activities".

    Section three, fourth is amended as: "the pilot mentioned in these measures refers to make pilots employed in the pilot qualification and agency personnel, including level pilots, two pilots, three pilot".

    Chapter four, delete the second.

    Section five, 18th (a) is amended as: "seaman service book".

    Six, the 19th paragraph (b) is amended as: "seaman service book".

    Of seven, delete, 25th, 26th "service books".

    Article eight, removing the 42nd, 56th in the "registration".

    Nine, delete in the 43rd paragraph of "pilot in the service book".

    Ten, delete article 46th.

    Plenary, delete the 50th article, and deletion of the second paragraph in the "service books".

    12 article, delete, 51st, 52nd, 55th, 57th and 61st in the "pilot service book".

    13, delete article 53rd.

    58th article 14, delete paragraph (b).

    XV, delete article 59th of "registration".

    In article 16, delete the 60th "registered."

    17, annex II of the name changed into "pilot vocational qualification Management Division of labour".

In addition, the order, and part of the text of the provision accordingly and modify.

This decision shall come into force December 24, 2013.

    People's Republic of China pilot registered with the qualification management regulation be revised according to this decision, publish it again.

    Attachment: People's Republic of China pilot measures for the administration of 2013 (revised)

    (Released December 24, 2013, the Ministry of transport, traffic on February 13, 2008 to 2013 20th release, effective as of December 24, 2013, the Ministry of transport on modified People's Republic of China pilot registration and qualification decision amendments to management)

    Chapter I General provisions

    First to enhance pilot management, improve the quality of pilot, ensuring water traffic safety, protection of the aquatic environment, in accordance with the People's Republic of China crew regulations, these measures are formulated.

    Second approach applies to the pilot representation, training, test and evaluation of management activities.

Article III, head of the national pilot of transportation management.

People's Republic of China Maritime Safety Administration in accordance with these measures is responsible for the unified management of the implementation of a nationwide pilot.

    Manages the Central waters under the jurisdiction of maritime administrative agency and local maritime administrative agency responsible for managing other waters (hereinafter referred to as the maritime administrative agency), in accordance with this regulation responsible for the pilot management. 

    The fourth pilot in these measures refers to make pilots employed in the pilot qualification and agency personnel, including level pilot, pilot II, level pilots.

    Chapter II pilot service

Fifth Harbour and inland two series, pilot qualification into the pilot, two pilots and three pilots.

    Harbour pilot's leading range is to coastal ports and adjacent waters, river pilot leads range from inland ports and routes.

The sixth pilot piloting the ship in accordance with the following permissions:

(A) the harbour pilot, river level can, within the scope of their respective lead lead of any ship;

(B) the harbour pilot II can lead to total less than 250 metres of the ship, and total length of the river pilot II can lead to less than 200 metres from the ship, but total is equal to or greater than 180 metres of passenger ships other than;

    (C) the harbour three pilot ship could lead length is less than 180 m, total length of the river three-stage pilot be able to lead the ship of less than 150 m; but passenger ships and bulk levels except for the shipping of dangerous goods. The seventh Ministry of transport and maritime management agency or provincial transportation departments belong to the maritime administrative agency according to the area port, navigation, ship navigation environment and specific types of realities and factors such as pilot service period, and in this way established within the framework of the sixth article categories, grade a pilot piloting the ship types and scale of specific provisions.

    Beyond these measures the sixth under piloting the ship types and scales, should be reported to the People's Republic of China Maritime Safety Administration for approval.

    Article eighth pilot shall, in accordance with the provisions of these measures after obtaining a pilot competence certificate, they can be led of the appropriate type and length of the ship.

Nineth applying for one, two, three pilot certificates of competency, shall comply with the following conditions:

(A) holding a seafarers service book;

(B) a ship driver physical examination requirements;

(C) through appropriate vocational training and through appropriate examinations and assessment;

    (D) water service in accordance with these procedures and good safety record.

Article tenth pilot certificates of competency shall be submitted to the maritime administrative agency, and submit the following materials:

(A) applications for pilot certificates of competency;

(B) the crew service book;

(C) within the last 12 months the crew medical check lists

(D) recent positive straight edge 5 cm Hat white color 2 photos;

    (E) pilot competency examination, assessment report card. 11th maritime administrative agency shall from the date of acceptance of the application in the 20th, and make a decision on the administrative license.

    In line with the provisions of article Nineth, and should issue the corresponding category, grade and leading range of pilot competency certificate; not in conformity with the provisions shall not be issued a pilot competence certificate, return the application materials and to state the reason in writing.

12th pilot competence certificate shall contain the following:

(A) certificate of competency;

(B) the holder's name, date of birth, place of birth, and signature of the holder;

(C) scope: the scope of class, grade, leading;

(D) the name of the issuing authority and issuing officer signatures;

    (E) the date of issue and expiry dates.

    13th pilot certificate of competency valid for not more than 5 years of expiry date of no more than 65 years old birthday of the holder.

14th for the pilot competence certificate and then effective, pilot certificates of competency application within 6 months before the expiry date, the following conditions are met, and submitted to the tenth paragraph these measures (a) to (d) provision of material:

(A) complete the prescribed minimum piloting the ship movements or mileage;

(B) has a good safety record.

    Does not meet the preceding paragraph (a), (b) the conditions prescribed, by the issuing authority in accordance with Annex I to this approach the pilot competency examination and assessment project under the check accounts and examination and evaluation of the project, can also apply for a pilot competence certificate is valid.

    15th maritime authorities after receiving a pilot competence certificate valid request, shall, on the 15th, to complete the examination, to meet the conditions specified in article 14th of this approach, change the corresponding pilot certificates of competency.

16th pilot competence certificate damaged, to the maritime administrative agency for renewal of the certificate, and submit the following materials:

(A) issue a pilot competence certificate application;

(B) recent positive straight edge 5 cm Hat white color 2 photos;

    (C) damaged pilot certificates of competency.

17th lost of pilot certificates of competency, to the maritime administrative agency for a replacement certificate, and submit the following materials:

(A) the replacement pilot competence certificate application;

(B) on the media specified in the original Licensing Office pilot competence certificate loss notice is published;

    (C) recent positive straight edge 5 cm Hat white color 2 photos. 

    18th Ministry of transport and maritime management agency or provincial transportation departments belong to the maritime administrative agency shall, in accordance with the area port, navigation, navigation environment, situation, determining the scope pilot promotion levels, leading change and maintain minimum pilot certificates of competency required for effective piloting the ship movements or mileage and reported to People's Republic of China Maritime Safety Administration for the record.

    Chapter III pilot training, test and evaluation

Section 19th for pilot certificates of competency, should complete a pilot vocational training.

    The maritime administrative agency shall not regularly updating the pilot training.

    20th institutions engaged in the pilot training business, in accordance with the People's Republic of China crew provisions of the Ordinance, access to pilot training license.

    Pilot training institution shall, in accordance with the provisions of article 21st pilots training titles, outline, and waterborne traffic safety management, requirements for prevention of pollution from ships, ship security, carried out within the approved pilot training, and ensure the quality of pilot training.

22nd applications for pilot tests, assessment should be submitted to the maritime administrative agency.

    The maritime administrative agency shall be announced 3 months in advance of the pilot test, evaluation plan. 23rd application category, pilot certificates of competency examination and evaluation of projects executed in the annex I to this approach.

Examination and assessment projects provided for in Annex I in accordance with the relevant laws, administrative regulations, and China has concluded or when adjustments are made at the request of the relevant international conventions to which, by People's Republic of China Maritime Safety Administration announced.

    Pilot competency examination, evaluation and certification rules by People's Republic of China Maritime Safety Administration shall be formulated and promulgated.

    24th maritime authorities after receiving a written examination application and related information, in line with the conditions specified in article 25th to 30th, began taking the 5th previously issued to the applicant on the date of your admission ticket.

25th Marine Group a first class chief mate certificate of competency on board a vessel and the corresponding actual service of not less than 12 months, while Assistant pilot qualifications have not less than 12 months, may participate in the Harbour for three pilot competency examinations and assessments.

Hold ships first mate's certificate of competency or inland waterway shipping first class chief mate certificate of competency on board a vessel and the corresponding actual service of not less than 12 months, while Assistant pilot qualifications have not less than 12 months, may participate in the river three-pilot competency examination and assessment.

    Pilot agency directly recruited college graduates and above in navigation, make ships category first first second mate certificate of competency, or inland waterway vessels, with not less than 18 months, Assistant pilot qualifications, can take part in the category three-pilot competency examination and assessment.

26th holds three-level pilot competence certificate, appropriate pilot qualifications and have not less than 36 months, up to the required minimum of piloting the ship movements or mileage, can take part in the category II pilot competency examination and assessment.

Hold ships first Captain competency certificate and the corresponding actual service of not less than 12 months on the ship, while Assistant pilot qualifications have not less than 12 months, may participate in the harbour pilot competency II examination and assessment.

    Hold ships first Captain competency certificate or inland waterway shipping first master certificate of competency on board a vessel and the corresponding actual service of not less than 12 months, while Assistant pilot qualifications have not less than 12 months, may take part in river level II pilot competency examination and assessment.

27th secondary pilot competence certificate, appropriate pilot qualifications and have not less than 36 months, up to the required minimum of piloting the ship movements or mileage, can participate in the category level pilot competency examination and assessment.

Ship captain class first class certificate of competency on board a vessel and the corresponding actual service of not less than 60 months, Assistant pilot qualifications and have not less than 12 months, you can participate in the harbour a pilot competency examinations and assessment.

    Hold ships first Captain competency certificate or inland waterway shipping first master certificate of competency on board a vessel and the corresponding actual service of not less than 60 months, Assistant pilot qualifications and have not less than 12 months, may take part in river level pilot competency examination and assessment.

    28th application with class certificate of competency scope of change lead examination and assessment, an application shall be not less than 6 months of leading the trainee pilot qualifications range, at the same time achieve the required minimum work experience of piloting the ship movements or mileage.

29th Harbour pilots can apply the same level of river pilot certificates of competency.

    Harbour pilot participate in the river pilot competency examination and evaluation, leading range of applications should be not less than 6 months probationary pilot qualifications, and achieve the required minimum work experience of piloting the ship movements or mileage.

30th river pilot can claim Harbour three-level pilot certificates of competency.

    River pilot participate in the harbour three pilot certificates of competency examinations and assessment, should have led the range of applications for work experience not less than 3 months piloting qualifications and achieve the required minimum work experience of piloting the ship movements or mileage. 31st to participate in competency examination and assessment, examination, assessment, are some of the subjects, or project to fail, since the initial examination, evaluation of the application within 3 years from the date of ticket issue exam.

    Overdue cannot pass all exams, assessments, all subjects and assess the achievement of project failure. 

    32nd the maritime administrative agency shall publish examination, assessment of achievements.

    Supervision and administration of the fourth chapter

    Article 33rd pilot agencies shall establish a pilot technical file documenting pilot training, competency certificates, pilotage qualifications, safety records, and health information, and continuous and effective.

Article 34th pilot institutions should strengthen the management of qualifications of the pilot record of piloting qualifications and safety records.

    Pilot institution shall, each year a pilot piloting the ship movements or mileage and safety record of the maritime administrative agency for record.

    During the 35th pilot piloting the ship shall carry a pilot competence certificate.

Article 36th interrupted pilot piloting the ship more than 12 months and again before piloting the ship shall have completed not less than 1 month intern pilot, through the examination of pilotage organizations.

    Pilot agency for the above process should maintain complete records. 37th pilot in Presidency bear equivalent responsibilities on major and above water or primary responsibility for traffic accidents, the maritime administrative agency should be competency assessment.

Failed to pass the assessment, the maritime administrative agency according to the actual requirements of the assessment training and test it again, failed to pass the examination shall lead its certificate of competency levels of the ship. After these accidents occur, pilot qualifications at this level before the accident the pilot cannot apply for examinations, assessment of pilot qualifications.

    Pilot qualifications start since the accident.

    Article 38th of pilot competency certificate has been revoked, revoked within 5 years after the date of the certificate, may apply to participate than the low level of pilot certificates of competency is revoked a grade of pilot competency examination and assessment.

    39th outside in addition to the maritime administrative agency according to law, any institution or individual shall not be withheld for any reason a pilot competence certificate. 

    40th a maritime administrative agency shall establish technical file for each pilot, reflecting a pilot training, examination, assessment, competency certificates, pilot qualifications, safety record, record information, and maintain information integrity, continuity and security.

    The fifth chapter legal liability

    41st in violation of the regulations, by fraud, bribery or other improper means to obtain a pilot competence certificate, training certificate, the maritime administration shall revoke the relevant certificate, and concurrently impose a fine of less than 2000 Yuan and 20,000 yuan.

    42nd in violation of the regulations, forged, altered or sale of pilot competency certificate, certificate and related documents collected by the maritime administrative agency, fined a maximum of 20,000 yuan and 100,000 yuan, has illegally obtained, and shall confiscate the illegal income.

    43rd in violation of the regulations, when the pilot piloting the ship, without a corresponding pilot certificates of competency, the maritime administrative agency shall order rectification can be fined a maximum of 2000.

    44th article in violation of the regulations, pilots fail to water traffic safety and prevention of pollution from ships operating rules of piloting the ship, by the maritime administrative agency fined 1000 Yuan and 10,000 yuan in serious cases and suspended a pilot competence certificate for more than 6 months to 2 years until the penalty of revoking pilot certificates of competency.

    45th in violation of the regulations, pilot agency truthfully recorded the pilot training, certificate of competency, pilot qualifications, safety records, and health information and maintain continuous valid, the maritime administrative agency shall order rectification, and concurrently impose a fine of less than 2000 Yuan and 20,000 yuan.

46th of staff of the maritime administrative agency shall have any of the following circumstances, disciplined by the unit or the competent authorities shall:

(A) in violation of regulations issued pilot certificates of competency;

(B) does not perform its duty of supervision and inspection;

(C) no administrative statutory or administrative penalty according to law; 

    (D) other acts of abuse their powers, neglect their duties.

    The sixth chapter supplementary articles

47th article of the way the meaning of the following terms:

(A) pilotage refers to the pilot holds a valid certificate of competency, under assignment of the pilot, engaged in leading the corresponding navigation, berthing, unberthing, shifting, mooring and other activities;

(B) in General refers to level of front to the aft end of the ship length;

(C) the levels of dangerous goods refers to the rules of the waterway transport of dangerous goods according to the degree of danger of dangerous goods are divided into levels of dangerous goods;

(D) refers to the proof that the holder of the certificate of competency led the corresponding certificate within the scope of the pilot indicated class, grade the ability qualifications of the ship;

(E) pilot vocational training can only refer to a pilot competency exam training and simulator training, radar observations; about the harbour pilot, also includes the automatic radar plotting aid training;

(F) the competency examination is a written or electronic theory of pilot knowledge, concepts, principles, content inspection, to assess the applicant's level of expertise and competence;

(G) the competency assessment refers to study pilot proficiency and practice as the main goal, through appropriate equipment or ship operations, hearing tests, interviews and qualifications and performance assessment of water services, the applicant's skills assessment;

(H) pilot qualification, refers to different levels of a pilot piloting the ship during the competency certificate for ships or mileage;

    (I) the good safety record, application period refers to the pilot prior to the effective date of the certificate of competency 5 years does not bear equal responsibility or primary responsibility for General and higher levels of water traffic accidents.

    48th except as otherwise provided in this way, a pilot serving application, acceptance and decision procedures should be consistent with the provisions of the traffic regulations on the implementation of administrative licensing procedures. Maritime administrative agencies to accept the 49th pilot Office to apply for permission in accordance with the provisions of annex 2 to this approach.

    People's Republic of China Maritime Safety Administration can work under annex 2 needs to be adjusted accordingly and submitted to the Transport Ministry.

    50th pilot competence certificate by People's Republic of China Maritime Safety Administration printed.

    51st pilot medical examination in accordance with seafarers ' medical requirements established by the Department of transportation regulations. 52nd these measures shall come into force on May 1, 2008.