AN ASSESSMENT OF THE PRINCIPLES AND PRACTICES OF MARITIME PILOTAGE IN NIGERIA

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AN ASSESSMENT OF THE PRINCIPLES AND PRACTICES OF MARITIME PILOTAGE IN NIGERIA

ABSTRACT

This study examined the principles and practice of maritime pilotage in Nigeria by looking at the legal and institutional regimes on the promotion and enforcement of maritime pilotage. The specific objectives were to: access the meaning, origin and categorization of maritime pilotage; examine the municipal and international law instruments on the principles and practices of promoting and enforcing maritime pilotage; Identify the implications or consequences of the failure of the law instruments in the promotion and enforcement of maritime pilotage; identify instance of violations of the principles and practice of maritime pilotage; and profer policy recommendations towards ensuring effectiveness in the practice of maritime pilotage in Nigeria. The study relied on primary and secondary sources of information which included status, and case laws; as primary sources; and books, journals, unpublished works and other articles as secondary sources of information. The project consists of five chapters as follows: Chapter one is the general introduction made up of the background of the study, aim and objectives, methodology of the study and literature review. Chapter two includes the concept, history and definition of terms. Chapter three is about the legal framework for the practice of maritime pilotage in Nigeria. Chapter four futures the liability issues in maritime pilotage, and finally, chapter five is the conclusion, observation and recommendations.

CHAPTER ONE

INTRODUCTION

1.1 BACKGROUND OF THE STUDY

The sea is a wide world of its own with several regions, each region having its peculiarities, challenges and special circumstances. Some regions are wide while others are narrow, some are clear while others are imbedded with ice bergs, hidden below the sea land, and these peculiarities can only be known by mariners that operate in these regions. No single sailor has the comprehensive knowledge of all the ports and regions of the sea with their peculiarities. In many circumstances sailors are met with challenges and confusion as to the nature of a particular area of the sea and how to sail through it to avoid danger especially when plying the route for the first time. This limitation of knowledge and the need to avoid disaster gave rise to the employment of men (mariners) who are knowledgeable in the local conditions with the shore and with tugs, often in the local language wherever the needs arises and to guide the vessel through the thick and thin of the region or port into which the vessel is entering especially when navigation may be considered hazardous, particularly when a shipmaster is unacquainted with the region. These men (mariners) who are knowledgeable in the local conditions of the sea are called maritime pilot.

Maritime pilots is significantly and geographically different from similar pilots such as the aviation pilot

Maritime Pilots provide a crucial service to the maritime industry in navigating through dangerous and or congested waters. The importance of pilotage to the maritime industry has not diminished with time. This is demonstrated by the fact that, unlike many other professions, modern technology has not threatened the pivotal role of the maritime pilot with redundancy. The physical and economic realities of today’s shipping industry make maritime pilots more vital than ever for the delicate task of maneuvering ships of increasing size and advancing technology through risky and ever-changing territorial waters .

Pilotage operations involve the management of high-risk situations that require intense concentration and high levels of competence and skills. Pilotage operations are categorised as one of the most complex tasks, which is predominantly performed under a dynamic and uncertain working environment, extreme weather condition and heavily congested areas. Pilotage operations are liable to diverse risk due to their interaction and interdependence, in addition, the multiplicity of the entities who are performing ship’s berthing operations. During pilotage operations, high levels of operational uncertainties exist, especially when a ship master is unfamiliar with the pilotage area or the master may be entering the port for the first time or the ‘port pilot’ is not qualified. It is therefore essential that operators maintain a consistently high level of human performance in order to maintain the ship’s piloting safety; as any decrease in performance can potentially lead to disaster.

Over the past decades, the completed nature of pilotage operations has challenged researchers in maritime industry to research, design and develop models and mechanisms to improve maritime safety and to solve the complexity associated with maritime transportation related risks; in this regard pilotage maritime operations. In spite of the development of new technologies, the developments in the shipping industry, and the implementation of the safety related regulations, the impact of maritime accident has remained on average at about the same level and the safety level of various ship types has not significantly changed.

In the light of the this discussion; the reasons, the accident risks, the need for maritime industry pilotage operation-safety can be justified. It is therefore on this ground that it becomes essential in this project to assess the principles and practice of maritime pilotage in Nigeria with a view to have comprehensive framework for ensuring a better practice of maritime pilotage operation in the maritime industry.

1.2 AIM AND OBJECTIVES OF THE STUDY

The purpose of this study is to:

1. Discuss the meaning, origin and categorisation of maritime pilotage;

2. Examine the law and regulations on the principles and practices of promoting and enforcing maritime pilotage;

3. Identify the implications or consequences of the failure of the legal instruments in the promotion and enforcement of maritime pilotage;

4. Identify instances of violations of the principles and practice of maritime pilotage; and

5. Profer policy and legal recommendations towards ensuring effectiveness in the practice of maritime pilotage in Nigeria.

1.3 METHODOLOGY OF THE STUDY

Two types of data would be used for the study: primary and secondary sources of information. The primary sources of information including statutes and case laws. While the secondary sources includes books, journal, dictionary, online materials, unpublished works, and newspapers Articles.

1.4 LITERATURE REVIEW

1.4.1 Organization of Maritime Pilotage and Compulsory Pilotage

Pilotage is organized in different ways throughout the world but it is always subject to governmental control. The maritime administration of the state is generally authorized to regulate pilotage services, to determine professional qualifications of pilots and uniform standards of training, to provide for compulsory pilotage and to arrange for investigations of incidents involving pilotage. Compulsory pilotage is the primary means of protecting private and public interests form the consequences of maritime causalities, while at the same time improving shipping efficiency. Ships over a certain size have to take a pilot and pilots have the obligation to provide their services without discrimination or choice, under legally regulated terms and conditions. Pilots may be self-employed, employed by a port, an administration or by the state. In fact, the majority of pilots are self-employed and pilotage services are organized as independent economic entities. This system serves the best interest of all parties; the ship-owner, the port, the pilots and the state.

Compulsory pilotage means the requirement that a ship shall be operated by a licensed pilot or authorized pilot in carrying out pilotage service unless that ship falls into the category of an excepted ship . Compulsory pilotage is where a pilot is employed by compulsion of statute or by a legal directive from a competent authority. Compulsory pilotage is rooted in public policy and the International Customary Law Principles of Sovereignty. Article 2(1) of the 1982 United Nations Convention on the law of the sea (UNCLOS) provides that ‘the sovereignty of a coastal state extends, beyond its hand territory’, to its internal waters. As a result, states have absolute regulatory control over access to their ports and just as each state is free to deal with its land, it is free to deal with its internal waters, including granting or denying port access to any foreign ships . This position is confirmed in Nigerian Port Authority (Pilotage) Regulations [L.N. 2 of 1961] which provides under s.15, that pilotage shall be compulsory for every ship exceeding ten tons gross tonnage entering, leaving or changing its bertht within its pilotage districts.

1.4.2 Master and Pilot Relationship in Maritime Pilotage

Although captains are experts at navigating vessels, they are not experts on regulations and specific environments of ports hence they require local expertise of a maritime pilot to ensure that their vessel crew, passengers and cargo arrive at their next port of call in a safe and efficient manner. The master and pilot relationship is based on trust, honesty and assurance. A pilot expect the master to be honest in describing the condition of the ship, and problems it has while the master depends upon the pilot to describe the transit honestly in terms of foreseen problems, route, tugs, lines, handlers and share facilities and to be knowledgeable of the local regulations. The pilot must assure the master that he is competent and capable of handling the ship which he can do to through pilot voyage planning, relevant point information and conference with the death officer. Pilots should seek the master’s advice on any matters of concern with maneuvers. IMO believes that pilots play important role in promoting maritime safety and protecting the maritime environment and trust that maintaining of proper working relationship between the pilot, master and officer in charge of the navigation watch is important in ensuring the safety of shipping.

According to IMO resolution A.285 (viii): Notwithstanding the pilot’s duties and obligations, the pilots presence in the bridge does not relieve the officer of the watch of their obligation and duty for the safety of the ship. The office should work closely with the pilot to accurately check the position and movement of the ship. If there is any doubt about the pilot‘s actions or intentions, the pilot should be asked for clarification. Nevertheless, when a doubt, the captain should be notified immediately and the necessary action should be taken before the captain arrives at the bridge. The implication of this is that the captain and the pilot have duty to cooperate. The captain shall ensure that the pilot’s order are carried out quickly and correctly by the officers and crew. The captain shall have the officers and crew keep continuous and careful lookout on his vicinity and immediately notify anything unusual to the pilot. The captain shall always have the engine of the vessels and anchors ready for use and shall cooperate with the pilot in using tugs and other means needed for safe pilotage.

In an effort to improve the relationship between the pilot and captain Amitara Chakrabarty made the following submission: In order to operate a ship safetly, it is necessary to know the ship well. The captain knows more about the ship than the pilot because the captain spends more time on the ship. However, the distinct advantages of the pilot compared to the ship’s Bridge Resources Management (BRM) team is that the pilot has a lot of knowledge of the pilotage areas. Pilots are familiar with shallow areas of the sea, the direction of the wind and its impact on the ship, and the flow of the tides. The pilot also knows how to use marine navigation systems and electronic tools most effectively in the pilotage areas. The pilot and captain obviously have their own unique advantages, and it would be best to utilize the expertise of both for safe navigation of the ship. Therefore, between the pilot and the captain is necessary in the dangerous situation of the ship. The relationship should have mutual respect and mutual trust, and the legal relationship should be clear.

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