MARITIME PILOTAGE g S.L.352.17 1
SUBSIDIARY LEGISLATION 352.17
MARITIME PILOTAGE REGULATIONS
1st March, 2003
LEGAL NOTICE 96 of 2003.
Preliminary
Citation.
Regulations.
Scope.
Conduct referred to in regulations 6 and 25 shall regulate the
provision of pilotage services within the ports of Malta in
accordance with the Act.
Interpretation.
Cap. 352.
"Authority" means the Malta Maritime Authority as established
by the Act;
"Board" means the Pilotage Board established in virtue of article
55 of the Act;
"Chief Pilot" and "Deputy Chief Pilot" means those pilots elected
in accordance with and for the purpose of regulation 18;
"compulsory pilotage port" means a port declared as such in Part
III of the First Schedule to the Act;
"Director" means the Executive Director responsible for ports
appointed under article 8 of the Act, or any person or officer
authorized by him to act on his behalf;
"length overall (LOA)" means the overall length of the vessel
from the foreside of the foremost fixed permanent structure to the
afterside of the aftermost fixed permanent structure of the vessel;
"Minister" means the Minister responsible for ports and
shipping;
"pilot" means a person holding a licence granted by the
Authority in terms of regulation 7 to pilot ships and it shall also
includes the Chief Pilot and the Deputy Chief Pilot;
"pilot launch" means a boat or ship employed in the rendering of
pilotage services;
"pilotage agreement" has the meaning assigned to it in
regulations 4 and 6;
"pilot launch dues" shall be the amount payable by the ship for
the provision of the pilot launch;
"pilotage fee" shall be the fee charged by the service provider for
the provision of the pilotage service in accordance with these
regulations and the Agreement referred to in regulation 6;
"pilotage tariff" shall be the whole amount due by the ship for
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the provision of the pilotage service as specified in the Schedule,
and shall include the pilotage fee due to the service provider, the
social contributions due in accordance with regulation 34 and other
fees as may be charged by the Authority in connection with
pilotage on the order of the Minister;
"port" shall have the same meaning as that assigned to it in the
Act;
"senior pilot" means a Class 1 pilot who is authorized by the
Authority to perform all pilotage services without limitations
relating to particular ships, ports or parts thereof;
"service provider" means that association, co-operative society
or company made up of a group of pilots licensed according to
these regulations, whose number is equal to that required for the
provision of pilotage services according to regulation 4(2):
Provided that if the number of persons licensed to provide
pilotage services under these regulations falls below that required
under the said regulation 4(2), the group shall consist of such
number of licensed pilots;
"ship" shall have the same meaning as that assigned to it in the
Act;
"technical committee" means a committee made up of
representatives of the Authority and of the service provider, the
precise composition and functions of which shall be determined by
the pilotage agreement.
Pilotage
Organization of 
pilotage.
4. (1) ( a ) Subject to the provisions of the Act, the Authority
shall organize and ensure the provision of pilotage services in the
ports by entering into a pilotage agreement in terms of regulation
6(1) with a service provider.
( b ) If a service provider fails to provide the pilotage service in
accordance with these regulations and with the pilotage agreement,
in cases of emergency the Authority may seek to engage competent
persons so as to ensure the proper running of the pilotage service.
( c ) Prior to entering into an agreement with a service provider,
the Authority shall ensure that the structure of the entity is such as
to allow for the adequate provision of pilotage services in
accordance with these regulations and the pilotage agreement.
(2) The Authority shall establish, in accordance with the
pilotage agreement, the number of licensed pilots required for the
provision of pilotage services at any one time taking into account
market considerations and the efficacy of the service to be
provided.
(3) Pilotage shall be under the supervision and regulation of the
Authority.
Function of the 
pilot.
5. (1) The function of a pilot on board a ship is to provide
information and advice to the master of the ship, as well as to assist
the master and the ship’s navigating officers to make safe passage
through the pilotage area or areas for which the pilot is engaged.
MARITIME PILOTAGE g S.L.352.17 3
(2) Despite the presence of a pilot on a ship, the master of the
ship continues to be responsible for the conduct and navigation of
the ship in all respects.
Pilotage 
agreement.
6. (1) The Authority shall enter into a pilotage agreement
with the service provider.
(2) There shall be a Code of Conduct annexed to the pilotage
agreement outlining standards that the pilots are to adopt and
procedures that they are to follow in the provision of pilotage
services. The Code of Conduct shall form an integral part of the
pilotage agreement.
Pilots’ licences.
provisions of the Act and of these regulations, the Authority,
following the advice of the Board, may grant licences to persons to
act as pilots.
(2) The person in whose favour a licence is issued must pay to
the Director a fee as is established from time to time by the
Authority.
(3) Such licence may be revoked by the Authority in terms of
these regulations.
(4) Subject to the provisions of the Act, when issuing a licence
under these regulations, the Authority may attach such conditions
to the licence as specified in regulation 13.
Revocation of 
licence.
8. (1) The Authority may suspend or revoke a pilot’s licence
issued by it on the grounds referred to in these regulations. Such
licence, if so revoked, shall cease to have effect and, if so
suspended, it shall cease to have effect for the period for which it is
suspended.
(2) In such cases when the Authority revokes or suspends a
licence, the licence shall be returned to the Authority within
twenty-four hours.
(3) A person whose licence has been suspended or revoked
shall have a right to appeal to the Board from the decision of the
Authority by application within fifteen days of the notification to
him of the decision.
Requisites and 
qualifications for 
the grant of a 
licence.
9. (1) No person shall be licensed to serve as a pilot unless
such person -
( a ) is a citizen of Malta, provided that the Authority may,
on the advice of the Board, issue a licence to a citizen
of another country if such applicant complies with the
provisions of these regulations and no citizen of Malta
qualified to serve as a pilot offers his services;
( b ) is not less than twenty-three years of age and not over
forty years of age on the closing date for the
submission of applications;
( c ) produces satisfactory evidence of good character and
sobriety of conduct;
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( d ) has been declared to be physically and mentally fit to
serve as a pilot by a medical board appointed by the
Authority and in accordance with appropriate
standards of medical fitness established by the
Authority to ensure that a pilot does not have a
condition that could jeopardize or hinder the safe
conduct of pilotage operations;
( e ) possesses one of the following qualifications in the
following order of priority:
S.L. 234.17
(i) a certificate of competency of Master of a ship
of 3000 GT or more without limitations (STCW
Regulation II/2) issued by the Authority in terms
of the Merchant Shipping (Training and
Certification) Regulations, as amended;
(ii) an equivalent certificate to (i) issued by the
relevant Authority of a flag state that is party to
the International Convention on Standards of
Training, Certification and Watchkeeping for
Seafarers, 1978 as amended;
S.L. 234.17
(iii) a certificate of competency of Chief Mate of a
ship of 3000 GT or more without limitations
(STCW Regulation II/2) issued by the Authority
in terms of the Merchant Shipping (Training and
Certification) Regulations, as amended;
(iv) an equivalent certificate to (iii) issued by the
relevant Authority of a flag state that is party to
the International Convention on Standards of
Training, Certification and Watchkeeping for
Seafarers, 1978 as amended;
Cap. 234.
(v) a certificate of competency for grades not lower
than officer in charge of a Navigational Watch
of an ocean going ship issued in accordance with
the provisions of the Merchant Shipping Act or
an equivalent certificate issued by a foreign
competent authority acceptable to the Authority;
S.L. 352.16
(vi) a certificate of competency of commercial vessel
master issued by the Authority in terms of the
Commercial Vessels Regulations, as amended.
( f ) produces satisfactory evidence that he has not less than
six years relevant experience at sea;
( g ) has passed the appropriate examination prescribed in
regulation 10;
( h ) is able to read, write and speak Maltese and English
fluently;
( i ) has served as a trainee pilot in accordance with the
provisions of these regulations.
(2) No person shall be licensed to serve as a pilot if he has been
found guilty of any criminal offence which in the opinion of the
Authority is deemed to be detrimental to the provision of pilotage
services as a whole.
MARITIME PILOTAGE g S.L.352.17 5
Examination.
obtain a licence to serve as a trainee pilot. Before a licence is
granted to a candidate to serve as a trainee pilot the Authority and
the Board shall be satisfied that such candidate -
( a ) satisfies the provisions of regulations 9(1)( a ) to ( h )
and 9(2);
( b ) has passed, to the satisfaction of the panel of
examiners appointed by the Board from the technical
committee, a written and, or oral examination based on
a syllabus which is published from time to time by the
Authority.
(2) Before sitting for the aforementioned examination, each
candidate shall pay the Director a fee established from time to time
by the Authority.
(3) When in the case that more candidates than the number of
applicants needed to fill the vacancy or vacancies are successful in
the examination, which would be of a qualifying nature, the order
of merit which would thereafter determine the placement of
candidates would be established by the Board on the advice of the
panel of examiners. The Board may give preference to those
successful candidates who hold superior qualifications and who
have the most suitable practical experience.
Licence to serve as 
trainee pilot.
11. (1) When a candidate satisfies the requirements of
regulation 10, the Authority, on the advice of the Board, may issue
to such candidate a licence to serve as a trainee pilot subject to such
conditions as the Authority, on the advice of the Board, may deem
fit.
(2) A licence issued in terms of subregulation (1) shall, unless
previously revoked, remain valid for a period of six months from
the date of issue, during which time the licensee shall be deemed to
be a trainee pilot.
(3) The trainee pilot shall be remunerated during his
traineeship by the service provider.
Licence to serve as 
pilot.
12. (1) In order to qualify for a licence to serve as a pilot, a
trainee pilot shall, not earlier than the fourth month and not later
than the sixth month from the date of issue of the trainee licence,
satisfy the Authority:
( a ) that he has accompanied a licensed pilot on not less
than four hundred pilotage operations on board ships,
while such ships were entering or leaving the
compulsory pilotage ports, of which one hundred must
be done during the night and one hundred must be
inward bound;
( b ) that the trainee has all such moves referred to in
paragraph ( a ) recorded in a special log book kept for
this purpose in which shall be recorded the ship, date,
nature of move and countersigned by the accompanied
pilot. Each log sheet is to be countersigned by the
Chief Pilot at the end of the traineeship;
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( c ) that he has acquired necessary knowledge of the
relevant legislation and pilotage practice and
operations, particularly in so far as these regulations
refer to the report, movement and berthing of ships;
( d ) that he has detailed knowledge of the information that
should be passed to the Master of the ship as well as
detailed knowledge of the information that should be
received from such Master.
(2) A trainee pilot who fails to satisfy the provisions prescribed
in subregulation (1) may be allowed to undergo further training for
a period not exceeding six months.
(3) A trainee pilot who satisfies the requirements prescribed in
subregulation (1) shall be issued a licence to serve as a pilot, by the
Authority.
(4) A licence issued in terms of subregulation (3) shall be
automatically revoked if within fifteen days from its date of issue
the pilot has not become a member of the service provider.
(5) The service provider is obliged to accept as a member a
pilot as soon as he has obtained his licence.
Classes of pilots. 13. (1) Pilots shall be divided into the following classes:
( a ) Class 1 Pilots: Pilots licensed to pilot any ship;
( b ) Class 2 Pilots: Pilots licensed to pilot ships up to 300
metres LOA;
( c ) Class 2A Pilots: Pilots licensed to pilot ships up to 250
metres LOA;
( d ) Class 3 Pilots: Pilots licensed to pilot ships up to 200
metres LOA;
( e ) Class 3A Pilots: Pilots licensed to pilot ships up to 175
metres LOA;
( f ) Class 4 Pilots: Pilots licensed to pilot ships up to 150
metres LOA;
( g ) Class 4A Pilots: Pilots licensed to pilot ships up to 130
metres LOA.
(2) Prior to his application to the Authority for classification as
a Class 4 pilot, a Class 4A pilot must have first served for at least
ten months as a Class 4A pilot and must have accompanied a pilot
for at least 100 moves (25 of which must be during the night) on
ships over 130 metres LOA.
(3) Prior to his application to the Authority for classification as
a Class 3A pilot, a Class 4 pilot must have served for at least ten
months as a Class 4 pilot and accompanied a pilot for at least 75
moves (20 of which must be during the night) on ships over 150
metres LOA.
(4) Prior to his application to the Authority for classification as
a Class 3 pilot, a Class 3A pilot must have served for at least ten
months as a Class 3A pilot and accompanied a pilot for at least 50
moves (13 of which must be during the night) on ships over 175
MARITIME PILOTAGE g S.L.352.17 7
metres LOA.
(5) Prior to his application to the Authority for classification as
a Class 2A pilot, a Class 3 pilot must have served for at least ten
months as a Class 3 pilot and accompanied a pilot for at least 30
moves (10 of which must be during the night) on ships over 200
metres LOA.
(6) Prior to his application to the Authority for classification as
a Class 2 pilot, a Class 2A pilot must have served for at least ten
months as a Class 2A pilot and accompanied a pilot for at least 15
moves (5 of which must be during the night) on ships over 250
metres LOA.
(7) Prior to his application to the Authority for classification as
a Class 1 pilot, a Class 2 pilot must have served for at least ten
months as a Class 2 pilot.
(8) The moves referred to in subregulations (2) to (7) must be
recorded in a special logbook kept for this purpose indicating ship
particulars, date, and nature of move. Each entry shall be
countersigned by the accompanied pilot and Chief Pilot.
(9) The pilot who is to have his licence upgraded can present
proof of his training by the ninth month so that his application can
be processed by the Authority in time to upgrade his licence when
due.
(10) The application of a pilot to the Authority requesting a
licence upgrade shall be accompanied by a copy of the recorded
moves referred to in subregulation (8).
(11) Once an application for an upgrade accompanied by the
records referred to in subregulation (10) has been presented by the
pilot to the Authority, the Authority shall issue the upgrade unless
such pilot has during the previous ten months been found negligent
in the conduct of his duties by the Disciplinary Committee
appointed by the Board.
(12) In the cases referred to in subregulation (11), where a
Disciplinary Committee finds a pilot negligent in the conduct of his
duties the Authority will determine that period of time, which shall
not be longer than a further ten months, during which the pilot
concerned must continue to operate in the Class from which he is
applying for an upgrade before such pilot is able to re-apply for
such upgrade.
(13) If a pilot fails to upgrade his licence as specified in
subregulations (2) to (7) for each category within a period not
exceeding eighteen months his licence may be revoked:
Provided that the pilot shall have a right of appeal in terms
of regulation 8(3).
(14) Under no circumstances except as stated in subregulation
(15) and except when accompanying a pilot for the purposes of
subregulations (3) to (7), may a pilot pilot a ship in excess of the
limits stipulated in his licence.
(15) Notwithstanding the restrictions in subregulation (14) the
Director may, at his discretion and having regard to -
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( a ) the circumstances, and
( b ) the specification of any ship,
on the request of the Chief Pilot and subject to the pilot’s consent,
authorize a pilot to pilot ships outside the parameters of his licence.
(16) Such authorization must be given to the Chief Pilot in
writing and signed by the Director. If such authorization is required
outside office hours, it will be given by the Director verbally and
confirmed in writing as early as practicable.
(17) The Chief Pilot shall inform and authorize the pilot
concerned and shall give such pilot a copy of the authorization
referred to in subregulation (16) as soon as practicable.
(18) The Chief Pilot shall be guilty of an offence under these
regulations if he instructs a pilot to pilot a ship outside the
parameters of his licence without the required authorisation in
accordance with subregulations (15) and (16).
Failure to perform 
regular pilotage 
services.
14. (1) A licensed pilot who fails to perform regular pilotage
services for a period of twelve months shall have his licence
revoked by the Authority unless this failure is due to medical
reasons or other circumstances acceptable to the Authority.
(2) Such pilot shall have a right of appeal in terms of regulation
8(3).
(3) The Authority may, in agreement with the service provider,
exempt the Chief Pilot from providing regular pilotage services if
his services are required elsewhere in connection with pilotage
technical matters.
Recruitment of 
pilots.
15. (1) When there is a vacancy for pilots, the service
provider must notify the Authority; the Authority shall publish a
notice to that effect and shall request the Board to organise the
holding of examinations in accordance with regulation 10.
(2) If the vacancy is due to retirement the service provider shall
inform the Authority at least six months before so that the
Authority can initiate the recruitment process.
(3) The panel of examiners appointed by the Board by virtue of
regulation 10(1)( b ) shall submit the results of the examination held
in terms of these regulations to the Board and shall show the order
of merit obtained by all candidates.
Medical 
examination and 
age limit.
16. (1) The Authority shall appoint a Medical Board to
examine whether a pilot is physically and mentally fit for the
proper discharge of his duties and in any case when a pilot attains
forty years of age and thereafter at the end of every fifth year.
(2) If the Medical Board under subregulation (1) certifies that
the pilot is no longer fit to carry out his duties, the Authority shall
revoke the licence.
(3) A licence issued under these regulations shall be
automatically withdrawn on the day that the licensee is sixty-one
years of age:
MARITIME PILOTAGE g S.L.352.17 9
Provided that the Authority may, in accordance with the
pilotage agreement, extend the validity of such licence if on
medical examination the licensee is found to be physically and
mentally fit to serve as a pilot by a Medical Board appointed by the
Authority.
Duties of the 
service provider.
17. It shall be the duty of the service provider to:
( a ) conduct the administration of the pilotage service;
( b ) make an equitable distribution of the pilotage load
amongst the pilots;
( c ) distribute the watches amongst the pilots in
accordance with the pilotage agreement;
( d ) keep general discipline and good order amongst the
pilots;
( e ) provide the Director with such statistical information
as he may require, including statistics relating to the
attendance and absenteeism of pilots and annual
audited accounts;
( f ) ensure that equipment used by the pilots is at all times
available and in good working order;
( g ) take steps to acquire alternative equipment as may be
necessary;
( h ) liaise with the Director on pilotage matters and submit
any reports as may be requested by such Director;
( i ) administer the pilots’ office or offices;
( j ) perform pilotage duties as specified in the pilotage
agreement and these regulations, and other duties
which may arise from time to time in connection with
the provision of pilotage services;
( k ) recommend measures to the Director to further
enhance the pilotage service;
( l ) provide the Authority with the identity of the member
or members having the judicial representation of the
service provider.
Chief Pilot.
shall be assisted by a Deputy Chief Pilot, both of whom shall be
Class 1 pilots.
(2) The serving pilots shall, following an election, nominate
from amongst the Class 1 Pilots a candidate for the position of
Chief Pilot. The candidate so nominated shall be appointed by the
Authority on advice of the Board and upon approval by the
Minister.
(3) The Deputy Chief Pilot shall be chosen by the pilots on the
basis of an election.
(4) If the serving pilots fail to nominate a pilot for the post of
Chief Pilot within one month from the vacancy of the post of Chief
Pilot, the Board may itself make such nomination to the Authority.
10 g S.L.352.17 MARITIME PILOTAGE
(5) The Chief Pilot and the Deputy Chief Pilot shall hold such
office for a period of three years, which may be renewed following
the procedure mentioned above.
(6) The Minister may, acting on the advice of the Board and, or
Authority, remove the Chief Pilot if he is no longer suitable to hold
such office.
(7) For the purposes of subregulation (6), the grounds on which
the Chief Pilot shall be deemed to be no longer suitable to hold
such office shall include:
( a ) if for any reason whatsoever his licence is revoked or
suspended;
( b ) if he is no longer capable of performing his duties
under these regulations and, or the agreement;
( c ) if he has been found guilty of misconduct or any other
disciplinary breach by the Disciplinary Committee in
accordance with these regulations;
( d ) if a vote of two-thirds of all serving pilots is taken in
favour of his removal from the position of Chief Pilot.
(8) The Chief Pilot shall at all times liaise with the pilots and
with the Director.
(9) It shall be the duty of the Chief Pilot to:
( a ) keep good order and discipline amongst the duty
pilots;
( b ) be a reference point for the Authority in respect of
technical matters relating to the pilotage service;
( c ) liaise with the Director on pilotage matters and submit
any reports as may be requested by such Director;
( d ) comply with any reasonable directive given to him by
the Director in connection with the provision of
pilotage services;
( e ) perform any other duties required of him under these
regulations.
(10) The Deputy Chief Pilot shall assume the duties of the Chief
Pilot during such time as the Chief Pilot is absent from his duties
and if the situation so arises, until such time as another Chief Pilot
is nominated and appointed.
Pilotage Procedure
Request for the 
attendance of a 
pilot.
19. (1) The request for the attendance of a pilot or pilots
aboard a ship shall be made by the ship’s master or ship’s agent to
the Director in accordance with directives issued by the Director
from time to time and in accordance with the pilotage agreement.
(2) Should a ship require a pilot or other related service at short
notice, she shall make the appropriate signals as prescribed in the
I.M.O. International Code of Signals.
Master’s duties. 20. (1) Every master shall ensure that the procedure for
boarding and disembarking from ships is in accordance with
MARITIME PILOTAGE g S.L.352.17 11
SOLAS Regulation V/23 (Pilot Transfer Arrangements).
(2) The pilot may request the master of a ship which he is
piloting to declare to him the particulars of the ship’s draft, state of
readiness of engines and navigational aids, and other information
relating to the ship as the pilot specifies and is reasonably
necessary to enable the pilot to carry out his duties as the pilot of
the ship.
(3) The master shall also bring to the notice of the pilot any
defects in, and any matter peculiar to the ship, her machinery and
equipment, of which the master is aware and which might
materially affect the navigation of the ship.
Display of pilot 
flag.
21. No ship shall hoist or display a pilot flag indicating that a
pilot is on board unless such ship -
( a ) is a pilot launch on duty, or
( b ) is being piloted by a pilot licensed according to these
regulations.
Movement of 
ships.
22. A pilot shall not berth or shift any ship from her berth
without the approval of the Director.
Pilots to control 
mooring men.
23. Subject to the provisions of any other laws or regulations, a
pilot shall, when assigned to an operation, be deemed to have full
control over mooring men and pilot launch crew assigned with him
to that operation.
Pilots to control 
pilot launch.
24. Subject to the provisions of any laws or regulations, a pilot
shall, when assigned to an operation, be deemed to have full control
over the pilot launch.
Code of Conduct.
implement a high standard of care and skill as established by the
Code of Conduct referred to in regulation 6(2).
Certificate of 
pilotage services.
26. (1) The pilot shall complete a certificate of pilotage
service outlining the pilotage service he has rendered, to be signed
by the ship’s master in respect of each service he performs.
(2) The format of such certificate shall be agreed to by the
Authority and the service provider.
Liaison with Chief 
Pilot and the 
Director.
27. (1) When providing pilotage services the pilot shall liaise
as required with the Director or his office as delegated in order to
record the proceedings of the said service.
(2) Whenever a duty pilot perceives or encounters any
difficulties in the provision of the services, he shall immediately
communicate this to the Chief Pilot who if necessary shall liaise
with, or seek the direction of the Director.
(3) It shall also be the duty of the pilot to draw to the attention
of the Chief Pilot, who shall in turn inform the Director, any
deficiencies on ships piloted, or any other occurrence that may
affect the safe manoeuvre of the ship or the safety of personnel.
(4) Pilots shall immediately report to the Chief Pilot and the
Director any environmental concerns, navigational hazards or
defects in navigational aids.
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(5) It shall be the duty of the Authority to ensure the safe and
efficient use of ports, their approaches and allocated berths.
(6) The pilot shall, however, be obliged to follow the written
instructions of the Director received prior to boarding the ship,
even if such instructions may appear to conflict with already
existing available printed data:
Provided that in an emergency such written instructions
may be dispensed with.
Reports of 
accidents.
28. (1) A pilot shall immediately report to the Chief Pilot and
the Director any accident involving the ship which he is serving,
particularly any incidents or accidents that may have resulted in
damage to port facilities and, or third parties.
(2) A pilot shall also immediately report to the Chief Pilot and
the Director any near misses or any concerns in respect to
navigation as expressed by the master or pilot whilst piloting a
ship.
(3) Such notification shall be followed by a formal written
report which shall reach the Chief Pilot and the Director not later
than twenty four hours after the occurrence of such incident or
accident.
(4) The report mentioned in this regulation shall not be made
available to any person without the approval of the service provider
and, or the Director and, or by order of a competent court.
(5) Notwithstanding any proceedings which may be taken
under any law, the Director may take disciplinary action against
any pilot who fails to comply with the provisions of this regulation.
Boarding and 
disembarking from 
ships.
29. (1) A pilot shall board and disembark from ships at the
pilot boarding and disembarking stations as established by the
Director.
(2) The Director may authorize a pilot to board or disembark
from a ship inside the port if the weather is such as to preclude the
pilot launch from safely transferring a pilot outside such port.
(3) A pilot who does not comply with the provisions of
subregulation (1) shall explain his actions to the Director within
two working days, and if the Director is not satisfied with such
explanation, he may take disciplinary action against the pilot
concerned.
Shore based 
pilotage.
30. (1) Subject to the following citeria the Authority may
provide shore based pilotage:
( a ) the shore based pilotage service shall be provided only
in areas as established by the Authority;
( b ) the shore based pilotage service shall be rendered by
the service provider through its licensed pilots for the
purpose of -
(i) piloting ships to the pilot launch; and, or
(ii) piloting ships when pilots cannot embark or
disembark at sea.
MARITIME PILOTAGE g S.L.352.17 13
(2) Shore based pilotage shall only be provided when:
( a ) required and accepted by the master of the ship and
allowed by the Director; and
( b ) the pilot rendering the shore based pilotage considers
it possible.
(3) Masters of ships employing shore based pilotage shall be
obliged to accept a pilot as soon as embarkation is possible.
(4) The Authority in consultation with the service provider
shall establish the norms under which such service shall be
rendered.
Pilot launch.
launch service in connection with the provision of pilotage
services.
Pilotage Tariffs and Remuneration
Administration of 
pilotage tariffs.
32. The administration, collection and recovery of the pilotage
tariff and the disbursements of this tariff shall be the responsibility
of the Authority.
Pilots’ 
remuneration.
33. Subject to the provisions of these regulations, the service
provider shall be remunerated for pilotage services and for work
connected thereto in accordance with the pilotage agreement.
Tariffs.
(2) The social security contributions to be paid by the persons
mentioned in subregulation (3) in terms of article 57 of the Act
shall be deemed to form part of the tariff.
(3) Pilotage tariffs shall be paid directly to the Director within
a period of eight days by:
( a ) the owner, charterer, master or agent of a ship in
respect of which pilotage services were performed; or
( b ) by the person who requests pilotage services in respect
of a ship.
(4) Interest shall accrue on any overdue pilotage tariff and, or
any other payments payable to the Authority under these
regulations from the date of presentation of the invoice until full
payment is effected at the rate of two  per centum  per month or part
thereof.
Deposit or bank 
guarantee.
35. (1) The Director may require any person who in terms of
regulation 34(3) is bound to pay the pilotage tariff, to make a
deposit, or to furnish a bank guarantee issued by a local bank in
favour of the Authority in such amount as the Director considers
sufficient to cover payment of such tariff.
(2) The Director may recover any pilotage tariff out of such
deposit or bank guarantee if such tariff is not paid within eight
working days from the day on which payment is demanded.
(3) Whenever the Director takes such measure he shall
promptly give the person who has made the deposit or furnished the
guarantee an account of such payments recovered therefrom.
14 g S.L.352.17 MARITIME PILOTAGE
(4) If the person so directed to make such deposits contravenes
the provisions of this regulation he shall be liable to the payment of
a penalty not exceeding five thousand liri.
Remittance of 
proceeds to service 
provider.
36. The Authority shall remit to the service provider the
pilotage fee established in accordance with these regulations and
the pilotage agreement.
Over-charging and 
over-payment.
37. (1) No pilot shall demand or receive any dues or other
remuneration in respect of a standard pilotage service other than
those specified in the pilotage agreement.
(2) Any pilot who contravenes the provisions of subregulation
(1) shall be liable for each such contravention to a disciplinary
penalty not exceeding one hundred liri.
(3) No person shall pay a pilot any dues or remuneration in
respect of pilotage services other than those specified in the
pilotage agreement.
(4) Any person who contravenes the provisions of
subregulation (3) shall be guilty of an offence and on conviction
shall be liable to a fine ( multa ).
Discipline. 38. Disciplinary proceedings amongst pilots and trainee pilots
shall be administered by the Board according to article 55 of the
Act:
Provided that in cases of breach of a pilot’s obligations
under the Code of Conduct, the Authority shall have the right to
temporarily suspend a pilot’s licence pending disciplinary action by
the Board:
Provided further that if the Authority takes the action
contemplated in the above proviso and suspends a pilot, and the
eventual decision of the Board is such as to find the suspension
unjustified, the Authority shall pay to the pilot the earnings he
would have been entitled to during such period and would have lost
as a result of such suspension.
Disciplinary 
Committee.
39. (1) The Board shall appoint a Disciplinary Committee
consisting of three members, one of whom shall be elected as
chairman of the Committee:
Provided that in any particular case, no member of the
Board who initiated disciplinary action or who has some personal
interest in such case shall be eligible to sit on the Disciplinary
Committee and the disciplinary proceedings appointed to hear such
case.
(2) It shall be the duty of the Disciplinary Committee to:
( a ) investigate cases brought before it by the Director;
( b ) summon witnesses;
( c ) appoint experts to assist when necessary;
( d ) hear evidence on oath;
( e ) make recommendations to the Board on the cases
investigated by it.
MARITIME PILOTAGE g S.L.352.17 15
(3) In the exercise of the powers in accordance with
subregulation (2)( b ) to ( d ), the Disciplinary Committee shall have
the powers which are conferred by law on the First Hall of the Civil
Court.
(4) Provided that:
( a ) the Disciplinary Committee shall not be enabled to
order the detention of any person; and
( b ) the duties of the court marshal and the court usher
shall be performed by members of the Executive
Police detailed for the purpose by the Commissioner of
Police.
(5) The Chairman of the Disciplinary Committee shall sign the
summons and administer oaths to witnesses.
(6) The Disciplinary Committee shall conduct all disciplinary
proceedings in accordance with the provisions of these regulations.
Board to consider 
recommendations.
40. The Board shall consider the recommendations of the
Disciplinary Committee and shall thereafter take such disciplinary
decision in accordance with the provisions of these regulations.
Proceedings of the 
Board.
41. No member of the Disciplinary Committee shall be
debarred from taking part in the disciplinary proceedings of the
Board.
Decisions to be 
binding.
42. The decisions of the Board shall be final and binding.
Disciplinary 
proceedings.
43. (1) The Director shall institute disciplinary proceedings
against any pilot who has contravened any provisions of these
regulations or who in the course of, or in connection with his duties
is negligent, or has carried out his duties in an inappropriate
manner or has acted inappropriately when on duty or fails to
comply with any reasonable directive given by the Director.
(2) Such proceedings shall be instituted by the Director within
twenty-one days from the date on which the Director becomes
aware of the act or omission which has given rise to such
disciplinary action:
Cap. 234.
Provided that in the case of an offence resulting from the
award of a Court of Inquiry convened in terms of the Merchant
Shipping Act, or in the case of an offence in respect of which
criminal proceedings have been instituted, the Director shall be
deemed to have become aware of such offence on the date on which
the Court gives its award or judgment as the case may be.
Charges proferred.
43(2), communicate to the pilot concerned a detailed statement in
writing clearly specifying the charge or charges against him, and
setting out the particulars of the evidence relied upon to support
such charge or charges.
Prior explanation.
explanation from the pilot concerned within fifteen days from the
date on which such charge is communicated to such pilot. In default
of such written explanation the charge shall be deemed to have
16 g S.L.352.17 MARITIME PILOTAGE
been admitted and the Director shall refer the matter to the Board
for its decision without the need for the Board to appoint a
Disciplinary Committee.
Notification of 
pilot.
46. The Director shall notify the pilot concerned of the charge
made against him either by having such charge delivered to him
personally or by sending it to him by registered post.
Oral submissions. 47. In replying to a charge, the pilot concerned may reserve the
right to make oral submissions to the Disciplinary Committee.
Acknowledgement 
in writing.
48. The Director shall acknowledge in writing the receipt of
such reply and shall indicate the date on which it is received by
him.
Reference of 
matter to Board.
49. If the Director decides to refer the matter to the Board he
must refer the matter to the Board within fifteen days from the
receipt of the pilot’s reply or from the day when the pilot should
have submitted his reply.
Time for hearing 
and concluding 
disciplinary 
proceedings.
50. The Board shall, within fifteen days from receipt of the
letter from the Director containing the complaint against the pilot,
nominate a Disciplinary Committee to hear and investigate the
complaint.
Commencement of 
hearing.
51. (1) The Disciplinary Committee shall commence the
hearing of any case brought before it within fifteen days of its
nomination.
(2) The hearing of a case is deemed to have commenced when
the Disciplinary Committee commences a discussion of the case
brought before it.
(3) The pilot charged shall be informed of the date of
commencement and shall have the right to attend all disciplinary
hearings.
(4) The Disciplinary Committee shall conclude the hearing of
the case and shall make submissions to the Board within sixty days
from the commencement of the hearing:
Provided that in exceptional cases the Board may, for valid
reasons, extend such period by further periods of thirty days.
Pilot assisted by 
another person.
52. (1) When replying to a charge or when appearing before
the Disciplinary Committee, the pilot against whom disciplinary
proceedings are being taken may be assisted by a person of his
choice.
(2) Such pilot may request the Disciplinary Committee to
summon witnesses in his defence and the Disciplinary Committee
shall duly summon such witnesses, and he or the person assisting
him may cross-examine such witnesses.
Notice of hearing. 53. (1) The Disciplinary Committee shall notify the pilot
against whom disciplinary proceedings are being taken and shall
summon any witnesses to appear before it on the day, time and
place fixed for the hearing of such proceedings.
(2) Such notification or summons shall be signed by the
Chairman of the Disciplinary Committee and shall be delivered
MARITIME PILOTAGE g S.L.352.17 17
personally to the pilot or to the witness as the case may be, or sent
by registered post, not later than five days before hearing of the
proceedings.
Proceedings  in 
absentia .
54. If the pilot against whom disciplinary proceedings are
being taken under the provisions of these regulations fails to appear
before the Disciplinary Committee within sixty minutes from the
time fixed for the hearing, the Disciplinary Committee shall
proceed in his absence and give its report accordingly:
Provided that if the pilot within two days after the day fixed
for the hearing of his case justifies his absence to the satisfaction of
the Disciplinary Committee, the Disciplinary Committee may hear
the submissions of the pilot and the evidence of his witnesses
before submitting its report.
Proof of service.
Committee, as the case may, be sends any communication,
notification or summons by registered letter through the postal
service, it shall be sufficient proof of service of such letter for all
effects and purposes of these regulations if the registered letter has
been properly addressed and posted.
Penalties.
of the provisions of these regulations, or if in the course of or in
connection with his duties is found to have been negligent or of
having carried out his duties in an inappropriate manner or of
having acted inappropriately when on duty or of having failed to
comply with the directives given by the Director, the Board, after
taking into consideration the report and recommendations of the
Disciplinary Committee may, without prejudice to the provisions of
any other law:
( a ) impose a disciplinary penalty or fine against such pilot
of a sum not exceeding five hundred liri; and, or
( b ) suspend his licence for a period of not less than ten
days and not exceeding six months during which time
no remuneration shall be paid to or received by such
pilot; or
( c ) revoke his licence forthwith.
(2) Any disciplinary penalty or fine inflicted by the Board as a
result of disciplinary proceedings shall be recoverable by the
Attorney General as a civil debt due to the Government.
Criminal 
proceedings.
57. Any disciplinary proceedings taken against a pilot under
the provisions of these regulations shall be without prejudice to any
criminal proceedings under any other law and any proceedings
taken under any other such law shall be without prejudice to any
such disciplinary proceedings.
Repeal and saving.
S.L. 352.04
58. (1) Subject to the provisions of subregulation (2), the
Pilotage and Mooring Regulations, as subsequently amended, are
hereby repealed:
Provided that wherever in the Pilotage and Mooring
Regulations, as subsequently amended, there is a reference to
18 g S.L.352.17 MARITIME PILOTAGE
mooring-men, leading mooring man, mooring dues, pilot launch,
Pilot Launch Replacement Fund and Pilot Launch Maintenance and
Repair Fund, the relative provisions in the said regulations shall
continue to have effect as if made under these present regulations
until such time as they are repealed:
Provided further that in so far as Pilotage and Mooring
Regulations as subsequently amended, continue to have effect with
regard to mooring-men, leading mooring-man, mooring dues, pilot
launch, Pilot Launch Replacement Fund and Pilot Launch
Maintenance and Repair Fund, the word "Chief Pilot" shall be
substituted by the words "the person specifically appointed by the
director after consulting the representatives of the mooring men":
Provided further that the provisions in the Pilotage and
Mooring Regulations relating to the "Stabilization Fund" shall
continue to have effect in so far as they concern the general
administration of the said Fund and in so far as they are concerned
with:
( a ) the remittance by the Director to the said Fund of the
national insurance deductions, the national insurance
levy, and the levy of ten  per centum  on the gross
expenses incurred for mooring services paid to the
Director by persons bound to pay mooring dues, and
Cap. 318.
( b ) the payment out of the said Fund of contributions due
in respect of mooring men under the Social Security
Act by employed persons and employers, any bonus
payable to mooring men, the extra attendance of
mooring men when so required under the provisions of
these regulations, the cost of uniforms to mooring
men, and such other payments in respect of mooring
men as may from time to time be authorized by the
Minister;
and provided further that the accumulated funds in the said
"Stabilization Fund" shall remain so contained in such Fund until
further provisions are made for their distribution.
(2) Notwithstanding the provisions of subregulation (1), a
pilot’s licence granted by the Authority before the coming into
force of these regulations shall continue to be valid in accordance
with its terms and shall be deemed to be a licence granted by the
Authority under regulation 7.
MARITIME PILOTAGE g S.L.352.17 19
SCHEDULE
Regulation 34
Pilotage Tariff
1. For the purposes of this Schedule -
"ton" means" gross registered tonnage of a ship determined in accordance with the
provisions of the International Convention on Tonnage Measurement of Ships, 1969;
"oil tanker" means a ship which complies with the definition of the International
Convention for the Prevention of Pollution from Ships (MARPOL) 1973, as
modified by the Protocol of 1978;
"segregated ballast tank" means a tank exclusively used for the carriage of
segregated ballast;
"length overall (LOA)" means the overall length from the foreside of the foremost
fixed permanent structure to the aftside of the aftermost fixed permanent structure of
the vessel;
"disabled ship" means any ship which arrives off Malta on tow or with engine
breakdown or with rudder trouble or other defect which affects the capability of the
ship when manoeuvring while pilotage services are being provided.
2. Pilotage dues at the standard rate shall be as follows:
3. Pilotage dues at the standard rate shall be charged for either:
( a ) entering port; or
( b ) leaving port; or
( c ) shifting berth under own power ("hot move") in the same port.
4. Charges additional to pilotage dues at the standard rate shall be made as
follows:
( a ) Ships not exceeding 500 tons ............................................. Lm 21
( b ) Ships exceeding 500 tons and not exceeding 1,000 tons ..... Lm 24
( c ) Ships exceeding 1,000 tons and not exceeding 2,000 tons .. Lm 27
( d ) Ships exceeding 2,000 tons and not exceeding 3,500 tons .. Lm 30
( e ) Ships exceeding 3,500 tons and not exceeding 5,000 tons .. Lm 34
( f ) Ships exceeding 5,000 tons and not exceeding 7,000 tons .. Lm 37
( g ) Ships exceeding 7,000 tons and not exceeding 10,000 tons . Lm 40
( h ) Ships exceeding 10,000 tons and not exceeding 15,000 tons  Lm 44
( i ) Ships exceeding 15,000 tons and not exceeding 20,000 tons Lm 46
( j ) Ships exceeding 20,000 tons and not exceeding 25,000 tons Lm 51
( k ) Ships exceeding 25,000 tons and not exceeding 30,000 tons Lm 55
( l ) Ships exceeding 30,000 tons and not exceeding 40,000 tons Lm 60
( m ) For every additional 10,000 tons or part thereof in excess
of 40,000 tons ................................................................... Lm 15
( a ) shifting berth not under own power ("cold move") in the
same port .......................................................................... 25%
( b ) shifting berth from one port to another port not under own
power ("cold move") i.e. leaving one port, passage to and
entering another port ......................................................... 100%
20 g S.L.352.17 MARITIME PILOTAGE
5. For any of the following services:
( a ) making contact with a ship outside a port when the ship is not to enter
that port; or
( b ) pilotage service rendered outside a port, including pilotage from outside
the entrance of one port to another,
there shall be charged half the standard rate, subject to a minimum of Lm 15.
6. If, in the performance of any of the services specified in paragraphs 3, 4 and
5 of this Schedule -
7. Additional pilotage dues at the rate of 15% on the appropriate rates shall be
payable in respect of services rendered between 1900 hours and 0700 hours and on
Sundays and public holidays.
8. (1) When a cancellation for a request for a pilotage service is made, the
following dues shall be made:
10. In the eventuality that following the request for a pilotage service, the
service provider reaches the conclusion that he may be entitled to present a claim for
( c ) oil tankers not equipped with segregated ballast tanks ........ 17%.
( a ) a pilot is detained on board the ship for piloting, mooring,
or unmooring the ship for any reason beyond the pilot’s
control, or is left in quarantine for a period longer than two
hours, the following additional dues shall be payable:
(i) in respect of services rendered at Malta Drydocks
and Malta Shipbuilding, from the second to the
twenty-fourth hour, per hour or part thereof ............. Lm 2
(ii) in respect of services rendered elsewhere, from the
second to the twenty-fourth hour, per hour or part
thereof ..................................................................... Lm 5
(iii) thereafter, per twenty-four hour period or part
thereof, in cases (i) and (ii) above ............................. Lm 30
( b ) when a pilot is compelled to proceed abroad with the ship,
he shall be provided with board and lodging at a standard
not less than that of an officer on board and not less than a
first class accommodation and travel when landed ashore
for repatriation and the following additional dues shall be
payable per day or part thereof until the pilot is returned to
Malta ............................................................................. Lm 40
( a ) when a cancellation notice is made prior to
one hour before commencement of operation No charge
( b ) when a cancellation notice is made within the
one hour immediately preceding the
commencement of the operation 25% of standard rate
(2) When pilot, on request, reported on board at the
time he was requested but the move either does not
commence within 60 minutes from the time he boarded the
ship or the move is cancelled 50% of standard rate.
9. In respect of disabled ships, there shall be payable
the following charges Lm 25 per pilot.
MARITIME PILOTAGE g S.L.352.17 21
salvage and, or extraordinary service, the service provider must present the ship and/
or its representatives with a formal written notice in writing containing the claim as
soon as practicable.
11. All rates for pilotage of a ship shall cover any number of hours required to
be performed by any pilot:
Provided that all ships over 240 metres entering, leaving or shifting in Grand
Harbour are to employ two pilots with the exception of cruise liners:
Provided further that when, in the opinion of the Director it is necessary to
employ more than one pilot for any ship, the pilotage dues will be commensurate
with the number of pilots providing the said service.
12. For any other particular pilotage service not otherwise specifically provided
for in this Schedule, the dues payable shall be determined by the Director who shall,
as far as possible, assimilate them with the appropriate dues specified in this
Schedule.
13. Persons bound to pay pilotage dues in accordance with the provisions of
these regulations shall also pay to the Authority an administrative charge of 10% on
the total pilotage dues as established in this Schedule.
