Statute Text
Tariffs limiting liability of licensees, trainees or organizations.
Licensees and trainees are
authorized to limit their liability and the liability of any organization of
pilots to which they belong by tariffs approved by the Oregon Board of Maritime
Pilots containing substantially the terms and provisions of the following form:
______________________________________________________________________________
The provisions of
ORS 776.510 and 776.540 hereby are incorporated into and made a part of this
tariff. By reason of the option granted by ORS 776.510, the rates and charges
named in this tariff do not include the cost of marine insurance insuring the
licensee, trainee and any organization of pilots to which the licensee or
trainee belongs, the vessel, its owners, agents or operators from the
consequences of negligence or errors in judgment of the licensees, trainees or
organizations of pilots.
However, upon
reasonable notice to the licensees in writing from the vessel, its master,
owners, agents or operators, the licensees parties hereto will procure such
insurance on a trip basis in an amount equal to the value of the vessel and
its cargo, or such other amount as may be agreed upon between the licensees and
the vessel, its master, owners, agents or operators, insuring the licensees and
the organizations of pilots to which they belong against all claims or demands
arising from or based upon, directly or indirectly, pilotage of the vessel. The
premium for such insurance shall be assessed in addition to the rates and
charges specified herein.
The election of
the vessel, its master, owners, agents or operators not to request licensees
parties hereto to procure such insurance and thereby to elect to have the
licensees parties hereto perform services on the rates and charges specified
herein shall constitute a binding and irrevocable agreement on the part of the
vessel, its master, owners, agents or operators to the terms and conditions of
the following:
It is understood
and agreed, and is the essence of the contract under which services of the
licensee are tendered to and accepted by the vessel, its master, operators and
owners, that:
(1) The services
rendered hereunder are rendered by a licensee;
(2) The services
of any individual licensee have been voluntarily accepted and are voluntarily
rendered pursuant to the election authorized by ORS 776.510;
(3) Such services
are advisory in nature only, the master of the vessel remaining at all times in
full command of the vessel and empowered to relieve the licensee of duties;
(4) The services
of the licensee and, if applicable, trainee are accepted on the express
understanding that when the licensee and trainee go aboard the vessel the
licensee and trainee become the servants of the vessel and its owners and
operators. Except as to such personal liability and rights over as may arise by
reason of the willful misconduct or gross negligence of the licensee or
trainee, the master, owners and operators of the vessel expressly covenant and
agree:
(a) Not to assert
directly or indirectly, any personal liability against the licensee, trainee,
any organization of pilots to which the licensee or trainee belongs, and any
members of such organization;
(b) Not to
respond in damage (including any rights over) arising out of or connected with,
directly or indirectly, any damage, loss or expense sustained by the vessel,
its master, owners, operators and crew, and any third parties (including
cargo), even though resulting from acts or omissions of any organization of
pilots to which the licensee or trainee belongs, from acts or omissions of its
members, or any acts or omissions of the licensee or trainee; and
(c) To defend,
indemnify and hold harmless the licensee, trainee, any organization of pilots
to which the licensee or trainee belongs, and any members of such organization,
from any claims whatsoever for damages, loss or expense arising out of, or
connected with any acts or omissions of the licensee, trainee or organization
of pilots which relate, directly or indirectly, to pilotage of the vessel;
(5) The master,
owners and operators of the vessel shall not be liable to indemnify and hold
harmless the licensee, trainee and any organization of pilots to an extent
greater than the amount to which the liability of the vessel, its owners and
operators, is limited by reason of contract, bill of lading or statute,
including but not limited to, the Limitation of Liability Act (46 U.S.C.
181-189), the Harter Act (46 U.S.C. 190-195), the Carriage of Goods by Sea Act
(46 U.S.C. 1300-1315), and the Federal Water Pollution Control Act (33
U.S.C. 1321); and
(6) The fees
charged for the services rendered by the licensee and trainee have been
computed and are assessed in accordance with and based upon the above
stipulations.
______________________________________________________________________________
[1959 c.404 §3; 197