S.L. 499.26 Art. 4ACompulsory pilotage.

(1) The ports specified in Part III of the Schedule to the

Ports and Shipping Act shall be compulsory pilotage ports and all ships, other than ships excepted under sub-regulation (2), shall, while navigating within the limits of a compulsory pilotage port, whether by entering, leaving, anchoring or moving, be under the direction of a pilot:

Provided that where an excepted ship -

(a) has not taken a berth assigned to her by the Authority and, in the opinion of the Authority, is foul or is likely to foul any mark, buoy or some other ship due to any cause whatsoever; or

(b) has anchored in the fairway of any port, then, without prejudice to any criminal proceedings that may be taken against the master of such ship, the Authority may direct that such ship be moored or re-moored under the direction of a pilot: Provided further that even in the case of excepted ships the Authority may direct that their navigation within the limits of a compulsory pilotage port, whether entering, leaving, anchoring or moving, shall be carried out under the direction of a pilot.

(2) For the purposes of this regulation, the following ships shall be excepted ships:

(a) ships owned or operated by the Government of Malta;

(b) men-of-war of a foreign power;

(c) ships of less than 500 gross tons calculated in accordance with the rules for the time being in force for the measurement of ships under the Merchant Shipping Act;

(d) fishing vessels;

(e) yachts;

(f) ships, including tugs, dredgers, barges and other types of vessels, whose ordinary course of navigation and trade does not extend beyond the limits of the territorial waters of Malta; and

(g) high speed craft calling in Malta on a scheduled service and whose master complies with qualifications and standards developed by the Authority from time to time.

(3) The Authority may exempt any ship from compulsory pilotage where ships are unable to obtain the services of a pilot due to bad weather or in any other particular case.

(4) Without prejudice to the provisions of sub-regulation (2), ships carrying dangerous goods, disabled ships and tug and tow combinations may be required by the Authority to engage the services of a pilot.

(5) Where any port is a compulsory pilotage port, the Minister may by order define the limits of such port for the purposes of compulsory pilotage.