The Marine Pilot Law
法令番号: 法律第121号
公布年月日: 昭和24年5月30日
法令の形式: 法律

審議経過

I hereby promulgate the Marine Pilot Law.
Signed:HIROHITO, Seal of the Emperor
This thirtieth day of the fifth month of the twenty-fourth year of Showa (May 30, 1949)
Prime Minister　YOSHIDA Shigeru
Law No.121
The Marine Pilot Law
Contents
Chapter I. General Provisions(Articles 1, 2)
Chapter II. Pilot(Articles 3-10)
Chapter III. Piloting and Pilot District(Articles 11-22)
Chapter IV. Supervision(Articles 23-30)
Chapter V. Pilot Advisory Committee(Articles 31-38)
Chapter VI. Penal Provisions(Articles 39-42)
Supplementary Provisions
Chapter I. General Provisions
(Definition)
Article 1.　The term "piloting" used in this Law shall mean to guide the course of a vessel embarking thereon in a pilot district.
2　The term "pilot" used in this Law shall mean a person who has been granted a pilot's license for the pilot district.
3　The term "pilot apprentice" used in this Law shall mean a person who is engaged in the practical exercise under the contract with a Pilot Association (or a pilot at a pilot district where no such pilot association exists).
(Application of this Law)
Article 2.　The provisions concerning the shipowner in this Law shall apply to a ship's husband in case of co-ownership and to a lessee of a vessel in case of leasing and the provisions concerning the master in this Law to the person who acts in his place.
Chapter II. Pilot
(Pilot License)
Article 3.　A pilot shall hold a pilot's license issued by the Director of the Maritime Safety Agency.
(Qualifications)
Article 4.　A pilot's license shall be granted to a person who prosesses the following qualifications:
(1)　To have had at least two years'service as a ship master of an ocean-going vessel of 1,000 gross tons or over (excluding calm water areas) and a certain period of service as a pilot apprentice over the waters desired as may be fixed by a Ministerial Ordinance;
(2)　To have passed an examination for Pilot being held by the Director of the Maritime Safety Agency.
(Disqualifications)
Article 5.　No person falling under any of the following items shall become a pilot:
(1)　A non-citizen of Japan;
(2)　A person who has been sentenced to imprisonment or heavier penalty and is serving time or not yet released from the execution of a punishment;
(3)　A master who has had his certificate as a master revoked or has had his certificate suspended fro three times or more due to negligence or incompetency in the operation of his vessel;
(4)　A former pilot who has had his pilot's license revoked.
(Examination for Pilot)
Article 6.　The object of an examination for pilot is to judge whether he has an ability to perform a piloting business in conformity with the actual situation in each pilot district or not, and the contents of it shall be practical and theoretical.
2　An examination for pilot is divided into a physical examination and an examination of knowledge and skill.
3　No person who has not passed a physical examination may undergo an examination of knowledge and skill.
4　An examination of knowledge and skill shall consist of written and oral examination as to the knowledge of the subjects listed below:
(1)　Regulations for preventing collisions at sea and other pilot rules for the waters for which the applicant seeks license as pilot;
(2)　Local knowledge of winds, weather, tides, currents and other subjects pertaining to general and sea meteorology;
(3)　Local knowledge of courses, distances, shoals and other obstacles in course, depth of water, aids to navigation and all other important features of the waters desired;
(4)　Knowledge and technical skill of handling vessels;
(5)　Other knowledge and skill which may be considered necessary for a pilot as fixed by a Ministerial Ordinance.
5　No person who has failed to pass a written examination shall be eligible for an oral examination.
(Registration and Pilot Certificate)
Article 7.　The Director of the Maritime Safety Agency, when he has approved a pilot license, shall register on the Pilot's List and issue a pilot certificate.
2　The Pilot's List is provided in the Maritime Safety Agency.
(Renewal of Pilot's License)
Article 8.　A pilot's license shall be ineffective when it is not renewed every five years by the application from a pilot before expiration of its term.
2　The Director of the Maritime Safety Agency, in case it deems necessary for renewal of a pilot's license in accordance with the provisions of the preceding paragraph, may hold a written or oral examination for a pilot about the matters provided for in each item of paragraph 4 Article 6 in accordance with the provisions fixed by Ministerial Ordinance.
(Detail Regulations for an Examination for Pilot, etc.)
Article 9.　The necessary matters except those provided in this Law, concerning an examination for pilot, for pilot's license and for pilot certificate shall be fixed by a Ministerial Ordinance.
(Physical Examination for Pilot)
Article 10.　The Director of the Maritime Safety Agency shall hold a physical examination for a pilot, at least once a year in order to ascertain whether pilots do not fall under deformity or disability and mental or physical faults.
2　The Director of the Maritime Safety Agency, when deemed necessary to ascertain whether pilots do not fall under the conditions provided for in the preceding paragraph, may hold a physical examination of the pilots concerned at any time.
3　The necessary matters concerning the execution of a physical examination provided for in the preceding two paragraphs shall be fixed by a Ministerial Ordinance.
Chapter III. Piloting and Pilot District
(Pilot District)
Article 11.　The name and area of pilot districts shall be fixed in the annexed table.
(Pilots'Number)
Article 12.　The minimum number of pilots for each pilot district shall be fixed by a Ministerial Ordinance.
(Compulsory Pilotage)
Article 13.　Pilotage is compulsory in the pilot districts in the ports and waters of Japan as defined by a Cabinet Order for all foreign vessels (excluding men-of-war of all nations), all vessels (excluding vessels of the Maritime Safety Agency) sailing to and from a foreign port, and all vessels of 500 gross tons or over engaged in the business of passenger and cargo trade in the ports and waters of Japan. Provided that vessels engaged in the business of passenger and cargo trade in the ports and waters of Japan and scheduled Japanese-operated ferry vessels sailing to and from adjacent foreign ports as defined by a Ministerial Ordinance are under the guidance of a master or mate who had demonstrated his intimate knowledge of local conditions in the waters concerned by obtaining an endorsement on his certificate as defined by a Ministerial Ordinance.
(Restriction on Piloting)
Article 14.　Anv person who is not a pilot shall not conduct piloting. However, this shall not apply to such case as provided in the proviso to the preceding Article.
2　A pilot who is suspended his license shall not conduct piloting.
Article 15.　The master shall not use a person who is not a pilot for piloting. However, this shall not apply to such case as provided in the proviso to Article 13.
(Piloting)
Article 16.　When a pilot observes a pilot-signal or is requested by any other means he shall come to that vessel at once except in the case where a justifiable reason exists.
Article 17.　When a pilot has got on board the master shall make him conduct piloting except in the case where a justifiable reason exists.
2　The provisions of the preceding paragraph shall not be construed to release a master from his responsibility for or infringe upon his power of governing safe navigation of vessel.
Article 18.　When a pilot has got on board and been requested piloting he shall comply with such request and conduct faithfully his duties except the case where a justifiable reason exists.
(safety for Embarkment)
Article 19.　A master shall take proper steps to enable the pilot to embark on and get off the vessel in safety.
(Bringing out Pilot)
Article 20.　A master shall not take a pilot outside of the pilot district except the case where a justifiable reason exists.
(Taking Apprentice with Pilot)
Article 21.　A pilot may take with him a pilot apprentice aboard the vessel of which he is to pilot.
2　When a pilot intends to take more than a pilot apprentice, he shall obtain the consent of the master concerned.
(Pilotage)
Article 22.　When a pilot has done piloting he shall have a right to claim the pilotage from the ship-owner or the master.
2　Pilotage in each pilot district shall be fixed by a Ministerial Ordinance on the basis of a ship's gross tonnage and draft.
Chapter IV. Supervision
(Revocation of License)
Article 23.　The Director of the Maritime Safety Agency may revoke or suspend a pilot's license or give warning to a pilot, when he has been found guilty of negligence, unskilfulness, intemperance, or wilfully violated any provisions of this Law in performance of his duties. However, this shall not apply to the case when sea casualties provided for in the Sea Casualties Inquiry Law (Law No.135 of 1947) have been caused by any of these performances.
Article 24.　The Director of the Maritime Safety Agency may revoke the license of a pilot who has been suspended more than three times in two years, or has not sit for a physical examination without justifiable reason held by the Director of the Maritime Safety Agency in accordance with the provisions of Article 10.
2　The Director of the Maritime Safety Agency, when he ascertains a pilot not being capable of piloting business as a result of the examination provided in Article 10, may revoke or suspend the pilot's license.
(Cessation of Action, etc.)
Article 25.　The Director of the Maritime Safety Agency, when he deems that a pilot or a pilot's association (hereinafter referred to as "association" ) is acting contrary to public interest, convenience, necessity, by obstructing the proper execution of matters connected with piloting, and after receiving a recommendation of the Pilot Advisory Committee that the order should be issued, may order such pilot or association to cease such action immediately.
2　The Pilot Advisory Committee, when intending to give recommendation to the Director of the Maritime Safety Agency in accordance with the provisions of the preceding paragraph, shall first conduct a public hearing, giving a notice in advance of the time and place of such hearing to the pilot or association. The pilot or association who received the notice may state their opinion and produce evidence to the Committee at such hearing.
3　When the order is issued by the Director of the Maritime Safety Agency contrary to the recommendation of the Pilot Advisory Committee, the fact must be immediately reported to the Minister of Transportation, who, if he deems it proper, may revoke the order.
(Report)
Article 26.　When a pilot has fallen into sea casualties provided for in the Sea Casualties Inquiry Law in performance of his duties, he shall report without delay the condition thereof to a nearby Maritime Safety Headquarters, Maritime Safety Local Headquarters, Maritime Safety Station or Port-Captain's Office (hereinafter referred to as "Maritime Safety Offices" ).
Article 27.　When a pilot has discovered the following items in the pilot district he shall report without delay the condition thereof to the nearby Maritime Safety Offices:
(1)　Any accident on the course of vessel or the navigational aids.
(2)　Existence of obstacles on the course of vessel.
(3)　Other facts which are deemed dangerous in navigation of vessels.
Article 28.　When the master has been aware of the fact that a pilot has fallen under any performance provided in Article 23, he shall report without delay the condition thereof to the nearby Maritime Safety Offices.
Article 29.　An association shall furnish its articles to the Director of the Maritime Safety Agency, and also when they have been changed.
Article 30.　An association or a pilot shall report to the Director of the Maritime Safety Agency with required descriptions of a pilot apprentice or piloting in accordance with the provisions fixed by a Ministerial Ordinance.
Chapter V. Pilot Advisory Committee
(Pilot Advisory Committee)
Article 31.　The Pilot Advisory Committee shall be placed in the Maritime Safety Agency.
2　The Pilot Advisory Committee shall make investigation and discussion on the important matters concerning the pilot system besides the matters provided in Article 25 and Article 32.
3　The Pilot Advisory Committee may propose to the Government Authorities concerned about the matters concerning the improvement of the pilot system.
Article 32.　The Director of the Maritime Safety Agency shall ask for and esteem the opinion of the Pilot Advisory Committee, when he intends to make the disposition according to the provisions of Article 23 and Article 24.
2　The Pilot Committee shall, before they make any decision pursuant to the preceding paragraph, give a hearing to such pilot, calling him before the Committee by giving him previous notice on the date and place of the hearing such pilot may express his opinions before the Committee and also produce his evidence.
Article 33.　The Pilot Advisory Committee shall be organized by the Committee-members of within fifteen persons.
(Committee-members)
Article 34.　The Committee-members of the Pilot Advisory Committee shall be appointed by the Minister of Transportation from among the pilots, ship-owners, others persons relative to piloting business, the officials of the administrative offices concerned and learned and experienced persons.
2　The term of office of the Pilot Advisory Committee-member shall be two years.
(Chairman)
Article 35.　The Pilot Advisory Committee shall have a chairman elected from among the committee-members by mutual election.
2　The chairman shall preside over the business of the Pilot Advisory Committee.
(Temporary Committee-members)
Article 36.　In case of necessity of investigation and discussion on the special matters, the Pilot Advisory Committee shall have temporary committee-members.
2　The temporary committee-members shall be appointed by the Minister of Transportation based on the recommendation of the Pilot Advisory Committee from among such persons as provided for in Article 34 paragraph 1.
(Allowance)
Article 37.　The committee-members and temporary committee-members of the Pilot Advisory Committee shall receive the allowance and travelling expenses within the scope of amount fixed by the budget. However, those members or temporary members of the Pilot Committee who have been appointed or commissioned from among officials of the administrative offices concerned shall receive no compensation.
(Ministerial Ordinance of the Committee)
Article 38.　Besides the matters fixed by this Law and the National Public Service Law (Law No.120 of 1947) the matters concerning the Pilot Advisory Committee shall be fixed by a Ministerial Ordinance.
Chapter VI. Penal Provisions
Article 39.　Any person falling under any of the following items shall be subject to a fine not exceeding fifty thousand yen:
(1)　A person who has not used a pilot in the case where the pilotage is compulsory according to the provisions of Article 13.
(2)　A person who has violated the provisions of Article 14 and Article 15.
(3)　A person who has given or received the pilotage less than or over the amount fixed by a Ministerial Ordinance in violation of the provisions of Article 22 paragraph 2.
(4)　A person who has violated the order of the Director of the Maritime Safety Agency issued pursuant to the provisions of Article 25 paragraph 1.
Article 40.　Any person falling under any of the following items shall be subject to a fine not exceeding twenty thousand yen:
(1)　A person who has violated the provisions of Article 20.
(2)　In the case where a pilot has taken with him a pilot apprentice in accordance with the provisions of Article 21 paragraph 1, a person who has refused to do so or a person who has taken with him pilot apprentices against the provisions of the same Article, paragraph 2.
(3)　A person who has neglected to make a report or made a false report against the provisions of Articles 26 to 30 inclusive.
Article 41.　When a representative of a juridical person or an agent, employee and other worker of a juridical or natural person has fallen under the provisions of Article 39 item (3) in connection with the business of such juridical or natural person, such person shall be punished and such juridical or natural person shall be subject to a fine as well.
Supplementary Provisions:
1.　The enforcement date of this Law shall be fixed by a Cabinet Order within three months from promulgation thereof. However, the provisions of Chapter V shall come into force as from the day of the promulgation of this Law.
2.　The Pilot Law (Law No.63 of 1899, hereinafter referred to as "the old Law" ) shall be abolished.
3.　The Pilot Certificate for a pilot district provided for in the old Law shown in the left column of the following table shall be exchanged for the pilot's license for the pilot district provided for in this Law shown in the right column of the same table on the enforcement date of this Law (excluding the provisions of Chapter V).
4.　The preceding paragraph shall not apply to a pilot's license for the pilot district shown in the right column of the following table in which the pilot holding a pilot's certificate for Naikai (Inland Sea) Pilot District shown in the left column of the same table has not conducted piloting at least for two (2) years prior to the promulgation of this Law.
Tokyo Bay Pilot District
Tokyo Bay Pilot District
Tokyo Port P. D.
Tokyo Bay P. D.
Nagoya-Yokkaichi P. D.
Nagoya-Yokkaichi P. D.
Izuminada P. D.
Hanshin P. D.
Shimonoseki P. D
Kammon P. D.
Naikai P. D.
Hanshin P. D.|| |Kammon P. D.|| |Naikai P. D.
Nagasaki Port P. D.
Nagasaki P. D.
Shimabara Bay P. D.
Shimabara Bay P. D.
Fushiki-Port P. D.
Fushiki P. D.
Hakodate-Port P. D.
Hakodate P. D.
Muroran-Port P. D.
Muroran P. D.
Otaru-Port P. D
Otaru P. D.
Rumoe P. D.
Rumoe P. D.
Shiogama P. D
Shiogama P. D.
Niigata P. D.
Niigata P. D.
Nanao P. D.
Nanao P. D.
Shimizu P. D.
Shimizu P. D.
Maizuru P. D.
Maizuru P. D.
Sakai P. D.
Sakai P. D.
Sakito P. D.
Sakito P. D.
Sasebo P. D.
Sasebo P. D.
Kagoshima P. D.
Kagoshima P. D.
5.　The revocation or suspension of a pilot's certificate which was dealt with in accordance with the provisions of the old Law or the Sea Casualties Inquiry Law before the enforcement of this Law (excluding the provisions of Chapter V) shall be understood as the revocation or suspension of a pilot's license respectively dealt with according to this Law.
6.　The penal provisions of the old Law shall apply to those offences committed before the abolition of the old Law.
7.　Part of the Sea Casualties inquiry Law shall be amended as follows:
In Article 4 paragraph 2 and Article 34 paragraph 1, "of a pilot certificate" shall be amended as "a pilot" .
Article 5.　The disciplinary punishment shall be divided into the following three kinds, the application of which shall depend upon the extent of the faults:
(1)　Cancellation of the certificate of competency or the Pilot's License.
(2)　Suspension of the certificate of competency or the pilot's license.
(3)　Reprimand.
The term of suspension of the certificate of competency or the pilot's license shall extend from one month to three years.
In Article 59, "a certificate of competency" shall be amended as "a certificate of competency or a pilot's license" and "confiscate the certificate of competency" shall be amended as "confiscate certificate of competency or pilot" .
In Article 60, "a certificate of competency" shall be amended as "a certificate of competency or a pilot's license" and "confiscate the certificate of competency" shall be amended as "confiscate the certificate of competency or pilot" .
In Article 61, "certificate of competency" shall be amended as "certificate of competency or license of pilot" and "such certificate" shall be amended as "such certificate of competency or a pilot" .
Annexed Table
Name of Pilot District
Area
Muroran Pilct District
The waters surrounded by a line from Enrumu-zaki, Hokkaido to Hoteishi-zaki through Daikoku-shima and the coast line.
Hakodate P. D.
The waters surrounded by a line drawn from Obana-misaki, Hokkaido to Kattoshimisaki and the coast line.
Otaru P. D.
The waters surrounded by a line drawn from Hiraiso-misaki, Hokkaido to Kayashiba-misaki and the coast line.
Rumoe P. D.
The waters surrounded by a line drawn from Rumoe-zaki, Hokkaido to the point of 330°and of 2,700 meters off a line drawn from the same point at 90°and the coast line.
Shiogama P. D.
The waters surrounded by a line drawn from Hanabuchi-zaki, Miyagi-ken to the southern tip of Karato Island, a line drawn from the triangular surveying point (36 m) of the said island to Ude-zaki though the Nagahama Observation Point of Kampusawa-jima, and the coast line.
Tokyo Bay P. D.
The waters surrounded by a line drawn from Senda-zaki, Kanagawa-ken to Myokin-zaki, Chiba-ken and the coast line (inclusive of rivers beloning to Keihin Port).
Niigata P. D.
The waters within the area of a circle, the center being the point of 205°, 2,100 meters from the Breakwater Lighthouse (E.139°4'18 "N.37°57'19" ) of Niigata Port, Niigata-ken and the radius being 4,500 meters, and the waters within the lower reaches of the Shinano River down the Bandai Bridge.
Fushiki P. D.
The waters surrounded by a line drawn from the Aonohana, Toyama-ken to Uotsu Lighthouse (E.137 23'48 "N.36°48'42" ) and the coast line (inclusive of rivers belonging to Fushiki-Higashiiwase Port).
Nanao P. D.
The waters surrounded by a line drawn from Kannon-zaki, Ishikawa-ken to Matsu bana (Nozaki) of Nato Island, a line drawn from Sobogaura-saki of the same island to Hiuchi-zaki (Hiuchiiwa-zaki) and the coast line.
Shimizu P. D.
The waters surrounded by a line drawn 0°from Mazaki, Shizuoka-ken and the coast line and the waters within the lower reaches of the Tomoe river down the Kinato Bridge.
Nagoya-Yokkaichi P. D.
The waters surrounded by a line drawn 270°from Oniga-zaki, Aichi-ken and the coast line (inclusive of rivers and canals belonging to Nagoya and Yokkaichi Port.)
Maizuru P. D.
The waters surrounded by a line drawn 0°from Kanega-saki, Kyoto-fu, a line drawn 270°from Bakuchi-misaki and the coast line and the river waters down the nearest highway bridges to the sea-level, the rivers of Takano, Isatsu, Tera, Ibora, Soboya and Shiraku.
Sakai P. D.
The waters surrounded by a line drawn from the western tip of Sotonoe, Tottoriken to the peak of Mt. Kompira, the coast line east of that line connecting with it, and a circular area of 4,000 meters radius centering the fore light (E.133°14'30 "N.35°33'40" ) of the leading-light of Sakai Port.
Hanshin P. D.
The waters surrounded by a line drawn from the tip of the right bank at the mouth of the Ishizu River, Osaka-fu to the tip of the right bank at the mouth of the Myohoji River, Hyogo-ken and the coast line (inclusive of rivers and canals belonging to the ports of Osaka. Kobe and Amagasaki).
Naikai P. D.
The waters surrounded by a line drawn from the tip of the right bank of the Ishizu River Osaka-fu to Uzaki, Hyogo-ken, a line drawn from Shiosaki, Hyogoken to Oiso-zaki, Tokushima-ken, a line drawn from Sada-misaki, Ehime-ken to Seki-zaki, Oita-ken through Takashima, a line drawn from Hesaki, Fukuoka-ken at 45°and the coast line excluding the waters belonging to Hanshin Pilot District.
Kammon P. D.
The waters surrounded by a line drawn from Ajiro-zaki, Yamaguchi-ken to Myoken-zaki, Fukuoka-ken, a line drawn from Hesaki, Fukuoka-ken, at 45°and the coast line.
Sakito P. D.
The waters surrounded by a line drawn from Tsuru-zaki of Kakinoura Island, Nagasaki-ken to the northwestern extremity of Sakito Island, a line drawn from the south extremity of the said island to the north extremity or Imojima, a line drawn from the said point to Oriseno-Hana and the coast line.
Sasebo P. D.
The waters surrounded by a line drawn from Kogo-zaki, Nagasaki-ken to Nizushiri-bana, a line drawn from Ikubino-hana to Kuchiki-saki and the coast line.
Nagasaki P. D.
The waters surrounded by a line drawn from Fukuda-saki, Nagasaki-ken to the northern extremity Iwo-jima, a line drawn from the southern extremity of Okinoshima to Fukabori through the southern extremity of Kayagi Island and the coast line and the river waters down the nearest highway bridges to the sea level and the rivers of Urakami and Nakajima.
Shimabara Bay P. D.
The waters surrounded by a line drawn from Kuni-zaki, Nagasaki-ken to Osukakise-zaki, Kumamoto-ken, a line drawn from Shimootono-hana of Amakusa-kamijima, Kumamoto-ken to Kamiotono-hana of Senzoku-jima and the coast line (including Misumi Port).
Kagoshima P. D.
The waters surrounded by a line drawn 270°from Fujino-zaki of Sakura-jima Island, Kagoshima-ken, a line drawn from Moe-saki of the said island to the tip of the left bank at the mouth of the Wakita River through the triangular surveying point (37m) of Okiko-jima and the coast line.
Minister of Transportation　OYA Shinzo
Prime Minister　YOSHIDA Shigeru