South Carolina Code of Regulations Chapter 136 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- COMMISSIONERS OF PILOTAGE
South Carolina Code of Regulations – Chapter 136: Commissioners of Pilotage
I. Overview
Chapter 136 regulates pilotage services in South Carolina, governing licensed maritime pilots who guide ships into and out of the state’s ports. The Department of Labor, Licensing and Regulation (LLR) administers these rules through the Commissioners of Pilotage.
Purpose of Chapter 136:
Ensure the safe navigation of vessels in South Carolina ports.
Standardize pilot training, licensure, and operational procedures.
Protect maritime infrastructure and the environment.
II. Structure of Chapter 136
The chapter is divided into articles addressing different geographic regions and aspects of pilotage:
Lower Coastal Area (Charleston and surrounding waters)
Sections 136-001 to 136-099.
Covers licensing, pilotage operations, and vessel safety rules.
Port of Port Royal
Sections 136-501 to 136-599.
Includes operational and licensure requirements specific to that port.
Upper Coastal Area (Georgetown to Little River)
Sections 136-701 to 136-799.
Focuses on northern coastal pilotage operations.
III. Key Regulatory Provisions
1. Definitions
Pilot: A licensed individual authorized to navigate vessels in designated pilotage waters.
Full Branch/Short Branch: Types of licenses indicating the size and draft of vessels a pilot can handle.
Pilotage Areas: Geographic zones where pilots are required.
2. Licensure and Training
Applicants must complete apprenticeship programs approved by the Commissioners.
Applicants are evaluated on:
Maritime experience.
Physical fitness.
Written and oral exams.
Pilots must maintain annual certification and registration.
Physical and medical standards ensure fitness to safely navigate vessels.
3. Pilot Registration and Fees
Pilots must register annually and pay prescribed fees.
Fees are also applied for pilotage services, based on vessel size, tonnage, or type.
Payment is usually due upon completion of service or within a defined period.
4. Pilotage Operations
Pilots must remain on board until the vessel completes the segment of the journey requiring pilotage.
Pilots are required to respond promptly to requests.
Pilot vessels must be available 24/7 to transport pilots to incoming or outgoing ships.
Pilots are responsible for reporting hazardous conditions or accidents.
5. Federal Interaction
State pilots may also hold federal licenses; however, state and federal licensing are distinct.
Loss of federal license may affect state licensure, but state rules govern operations within South Carolina waters.
Pilots must comply with both federal and state requirements as applicable.
6. Reporting and Safety
Pilots must report:
Marine accidents.
Unsafe conditions in navigable waters.
Vessels refusing pilotage must be reported as a safety hazard.
7. Appeals and Penalties
Pilots may appeal license suspension or revocation under administrative procedures.
Penalties include:
Suspension or revocation of license.
Civil fines.
Prohibition from performing pilotage services until compliance is restored.
IV. Case Law Principles
While there are limited modern cases specifically citing Chapter 136, South Carolina courts consistently emphasize:
Strict Licensure Compliance
Example Principle: A pilot cannot legally provide services or claim compensation without a valid license.
Historical precedent: Pilots operating without proper licensure were not entitled to fees and were considered in violation of the law.
Safety and Accountability
Pilots are legally accountable for vessel safety during pilotage.
Failure to follow reporting or operational rules can result in license suspension.
Regulatory Authority of Commissioners
The Commissioners have authority to issue, suspend, or revoke licenses.
Courts generally defer to Commissioners’ decisions if proper administrative procedures are followed.
V. Practical Implications
For Pilots
Must maintain valid licenses and adhere to operational rules.
Must report accidents or unsafe conditions promptly.
For Shipping Companies
Must use licensed pilots in designated waters.
Failure to do so can result in legal and civil penalties.
For Law Enforcement and Administration
Strict enforcement of licensing ensures navigational safety.
The system protects state interests and maritime commerce.
VI. Summary
Chapter 136 of the South Carolina Code of Regulations:
Governs the licensing, training, and operations of maritime pilots.
Ensures safe navigation in state waters.
Defines the roles and responsibilities of pilots, including reporting and emergency obligations.
Provides a clear penalty and appeals process to enforce compliance.
Case law supports strict adherence to licensure and operational requirements as a condition for legal compensation and lawful pilotage.
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