Oregon Public Utility Commission, Oregon Board of Maritime Pilots
Grounds for Pilot and Trainee Discipline
This rule describes or references the actions and circumstances that constitute failure to achieve or maintain competency as a pilot or trainee, or that otherwise constitute a danger to public health and safety.
If, after notice and an opportunity for hearing, the Board finds any violation of subsections (2) through (13) of this rule, the Board may impose any of all of the following disciplinary measures for each violation:
Revocation or suspension of a pilot’s or trainee’s license;
Refusal to renew a pilot’s or trainee’s license;
Pilot or trainee reprimand;
Refusal to issue a pilot’s license to a trainee; and
Assess civil penalties of not more than $250 per violation.
A pilot has failed to timely make any report to the board as required by these rules.
A pilot or trainee fails to cooperate with the Board in any investigation or request for information. However, the following do not constitute a failure to cooperate: rejecting Board or committee offers of settlement; exercising a legal right; or asserting attorney-client privilege.
A pilot or trainee engages in conduct:
Involving dishonesty or misrepresentation in relation to the Board; or
Under circumstances that demonstrate the pilot’s lack of fitness to hold a pilot’s license.
A pilot demonstrates incompetence in piloting a vessel. Incompetence, for the purpose of this rule, is demonstrate by a lack of basic knowledge or preparation.
A pilot demonstrates negligence in piloting a vessel. Negligence, for the purpose of this rule, occurs when a pilot fails to exercise the standard of care of a maritime pilot:
Who is reasonable, prudent, careful and skillful;
In the same community or similar community; and
Under the same or similar circumstances.
A pilot or trainee demonstrates gross negligence in piloting a vessel. Gross negligence, for the purpose of this rule, occurs when a pilot:
Demonstrates a willful disregard for the general standards of the profession; or
Demonstrates a willful disregard for the rights of others.