Module 3 - Port Services - Technical Services – Part 1

 Pilotage
o Pilot Qualifications
There are on-going discussions about what the entry qualifications should be
for people wanting to enter the service. Traditionally the minimum
qualification has been a Master Class 1 Certificate of Competence which
allows holders to be in charge of any size of vessel anywhere in the world. As
well as a standard in education this certificates demonstrates that the candidate
spent a reasonable period on ships as a navigating officer or master. It has
been perceived in more recent times that there will eventually be a shortage of
Master Mariners, particularly in developed countries where shipowners have
progressively withdrawn their vessels and placed them under flags of
convenience. To fill the perceived void there have been moves to take on
people with a non-traditional seagoing backgrounds, in some cases straight
from school, that can be progressively trained to a point where they can be
provided with a pilot licence for a particular port. To date, there is generally
no shortage of Master Mariners in Australia and this qualification remains as
the benchmark for employment as a pilot.

o Liability (Australia)
Under Australian legislation pilots and pilotage providers are not liable for
damage caused by a vessel whilst under pilotage. Navigation Act, Clause 326
Civil liability in relation to a vessel under pilotage:
(1) A pilot who has the conduct of a vessel is subject to the authority
of the master of the vessel.
(2) The master of a vessel is not relieved of responsibility for the
conduct and navigation of the vessel only because the vessel is
under pilotage.
(3) The liability of the master or owner of a vessel in relation to loss or
damage caused by the vessel or by a fault in the navigation of the
vessel is not affected only because pilotage is compulsory under a
law of the Commonwealth, a State or a Territory.
(4) Neither the pilot of a vessel, nor any pilotage provider responsible
for providing the pilot, is liable in civil proceedings for loss or
damage caused to or by the vessel because of an act done, an
instruction given, or information or advice provided in good faith
and in the course of the pilot’s duty.
Each state has its own regulations in relation to pilotage which reinforces the
Commonwealth legislation. For instance in Tasmania pilots are specifically
relieved of personal liability in the event of a vessel incident whilst under
pilotage.
Ref: The Plot of the Pilot : Pilotage and Limitation of Liability in maritime
Law. – Kerryn Woonings - ssl.law.uq.edu.au › Home › Vol 24, No 2 (2010)
 Notwithstanding the above legislative requirements, in the event of an
accident, the incident will be investigated by state or commonwealth agencies.
If it is determined that the pilot was in some way negligent then the pilot’s
licence could be suspended or cancelled however, liability for the accident
remains with the vessel not the pilot.
In the case of the “Fortius” which caused significant damage to a loading
facility in Port Kembla whilst under pilotage, the vessels owners attempted to
shift liability to the pilotage provider (port company) by claiming the Trade
Practices Act should apply. The court decided against the vessels owners who
were held liable for all the damage.
Ref: Australian Transport Safety Bureau, Investigation number: 178,
“SA Fortius contact with the number two coal loader at Pt Kembla.” -
https://www.atsb.gov.au/publications/investigation_reports

In some countries pilots are being successfully prosecuted for environmental

damage resulting from a vessel incident. This is highlighted in the case of the
Cosco Busan, where, in 2007, the vessel struck the San Francisco Bridge
causing widespread pollution. The pilot received a prison sentence for
violation of the Clean Water Act and Migratory Bird Act.
Ref: Transportation Safety Board Accident Report, NTSB/MAR-09/01,
National PB2009-916401
www.ntsb.gov/investigations/AccidentReports/Reports/MAR0901

o Privatisation
In Australia pilotage is provided by a variety of operators:

 Port authorities
 Government agencies
 Private operators

In most cases pilotage has been provided by port authorities who employed
and trained pilots to ensure vessels were safely and effectively brought in and
out of port areas. More recently some ports have outsources pilotage to private
providers, which is typically an organisation owned and operated by the pilots
holding licences for particular port(s).
The provision of private pilotages brings with it a unique set of problems that
regulators need to address to ensure the service delivers agreed safety
outcomes that enhance safety of navigation and environmental protection. This
will take the form of regulations, specific agreements and audits designed to
monitor and control pilotage operations. If there is no accountability in
relation to safety then commercial imperatives will take over with potentially
disastrous consequences.

o Pilotage Safety Management System (PSMS)

These systems are developed by pilotage providers to ensure all aspects of the
operation are appropriately controlled and operated in accordance with
regulations. It provides a structure to follow that ensures all safety aspects are
being addressed.

The objectives of a safety management system are:

 To provide detailed information on how the provider will provide a

safe and consistent pilotage service across ports.
 To assess risks associated with the provision of pilotage and to
implement mitigating measures
 To ensure all pilots are adequately qualified and trained to
satisfactorily and safely carry out the task of pilotage.
 To provide an accident and incident reporting system that will provide
clear lines of communication and allocate responsibilities for
implementing remedial actions.
 To provide information on performance monitoring and auditing to
demonstrate regulatory compliance.
 To ensure compliance with regulations.
A Pilotage Safety Management System can be comprised of four major
elements:
For the PSMS to function optimally there needs to be adherence to the
elements of safe operations and a focus on their continual improvement. These
requirements are described as follows:

 Preparation for Pilotage

 Pilot Transfers
 Pilotage
 Process for Completion of Pilotage
 Reporting of Accidents/Risk Events
 Pilotage Emergency Procedures

Continual monitoring of the operations is required to identify sub-optimal

performance, risks and emerging poor practices.
Inherent in the proper functioning of a PSMS is the requirement for continual
improvement which is achieved through:

• Lessons learned
• New technologies
• Contemporary practice
• New knowledge
• Pilot workshops
Another important element of a PSMS is a pilotage or operating code that
dictates the process of training and licensing a marine pilot, the requirements
for issuing pilotage exemptions and how licences are renewed, suspended or
cancelled. The pilotage code will generally be drawn up by the pilotage
provider in consultation with the local regulatory authority.
 o Future of Pilotage
As ports are progressively privatised so pilot services will be placed in the
hands of the private sector, most likely a company run by pilot licence holders.
As regulators and port authority boards become more risk averse and
governments become more wary of adverse public opinion, particularly in
relation to environmental matters, more emphasis will be placed on pilotage
providers to adopt safety practices and embrace new technology to improve
safety outcomes. How this can be achieved is currently the subject of much
discussion.
The question of shore based pilotage is also under discussion in some areas. A
form of remote or shore based pilotage is conducted to a limited extent at
some ports in Europe where a shore based pilot guides a vessel into a sheltered
area within a port to facilitate the safe boarding of another pilot during adverse
weather conditions. Also, in some cases and under controlled conditions, shore
based pilots provide navigation assistance to the pilot on a vessel where vessel
manoeuvrability and traffic density are particular issues. Perhaps in future this
type of service will be expanded, even to the point where there is no pilot on
board the vessel and a shore based pilot provides advice directly to the ships
master.

o Technology
Portable Piloting Units (PPU) are increasingly be used by pilots to provide
accurate information about the position and movement of a vessel whilst under
pilotage. Vessel data such as course, speed, rate of turn, etc., can be
determined or taken directly from a vessels instrumentation which helps to
give pilots better situational awareness and advice on how a particular vessel
is manoeuvring. A future consideration is providing tugs and VTS with similar
equipment and information to provide support to the pilot conducting the
operation.
Ref: Proceedings of the Canadian Hydrographic Conference and National
Surveyors Conference 2008 - Use of Portable Piloting Units by Maritime
Pilots by Dr. Lee Alexander
ccom.unh.edu/.../Alexander_2008_CHC_Use_Of_Piloting_Units by Maritime
Pilots

 Vessel Traffic Services (VTS)

Port Control has been an essential feature of port operations for a long time and is the
main communications centre for most ports. Whilst it’s primary function has been
communications between ships and the port authority it has taken on additional tasks
such as vessel bookings, ordering of services, assisting with marine emergencies,
security monitoring and a range of other administrative functions. In essence, port
controls have evolved from a simple radio communications centre to more complex
operations that are a vital element of port safety.
Port Controls are now moving to a new and more prescribed function called Vessel
Traffic Services (VTS) and IALA has introduced guidelines on what constitutes a
VTS operation and how it should be introduced and developed.
  Information Service (INS) - An information service that provides essential
and timely information to assist the on-board decision-making process.

 Traffic Organisation Service (TOS) - A Traffic Organisation Service is a

service to provide for the safe and efficient movement of traffic and to
identify and manage potentially dangerous traffic situations. A Traffic
Organisation Service provides essential and timely information to assist
the on-board decision-making process and may advise, instruct or exercise
authority to direct movements.

 Navigational Assistance Service (NAS) - A Navigational Assistance

Service may be provided in addition to an Information Service and/or
Traffic Organisation Service. It is a service to assist in the on-board
navigational decision-making process and is provided at the request of a
vessel, or when deemed necessary by the VTS. It is a service that provides
essential and timely navigational information to assist in the on-board
navigational decision-making process and to monitor its effects. It may
also involve the provision of information, warning, navigational advice
and/or instruction.

It should be understood that there are significant differences between the three levels
of service, the most common currently in operation being the basic Information
Service. Moving to a Traffic Organisation Service or a Navigation Assistance Service
sees a progressive increase in control centre interaction with vessel masters and pilots
to a point where instructions are being issued to ensure vessels are being navigated
safely. This should not be confused with a form of shore based pilotage that is
performed in some areas where a qualified pilot located in a VTS centre provides
advice to a pilot on board a vessel navigating within a pilotage area.
Staff need to be specially trained to operate a VTS and the system needs to be
registered with and audited by a competent authority. In Australia port authorities are
generally specified as the VTS authority (provider) which is registered with the
Australian Maritime Safety authority (AMSA) as the competition authority.
Ref:
1. Australian Maritime Safety Authority, Marine Order 64 (Vessel Traffic
Services) 2013 - https://www.amsa.gov.au

 Berths
A large variety of berths are provided by port authorities to facilitate the loading and
discharge of cargoes. For example:

o Passenger terminals – Dedicated to passenger transfers, will generally consist

of mechanised gangways, large reception areas where passengers check-in,
security screening areas and facilities for loading of stores.
 o Bulk Loading – Usually consists of one or two conveyor loading arms that are
capable of delivering cargoes at very high rates directly into ship’s holds. The
rate and direction of pore can be controlled at the loading head or remotely to
ensure the correct amount is placed in the correct manner.

o Bulk discharge – Bulk cargoes are generally grabbed from a ships hold by a
shore based crane. Large bulk discharge facilities have multiple crane units to
minimise the vessels time in port.

o Tanker loading – Tankers are loaded through a system of pipelines, delivering

bulk liquids to a vessels tanks via “chicksans” or flexible rubber hoses. The
berth usually consists of a series of dolphins connected by walkways with a
central manifold area adjacent to the ships loading point which is usually
around midships. In some cases vessels secure to mooring buoys or single
point moorings to take on a bulk liquid cargo.

o Tanker discharge – Discharge wharves are much the same as the loading
facilities in structure.

o General berths – As the name implies these facilities are used to handle a
variety of cargoes and will typically consist of a concrete deck located over
piles. Alternatively a concrete deck is located over a filled area which offers
higher load ratings than a piled structure. The wharf decks need to have a high
strength rating to cope with a large range of cargoes including heavy project
items. Either ships cranes or shore based cranes are used to handle cargo.
Portable equipment, which can be stored remotely from the berth, is also used
to load or discharge bulk cargoes.

o Roll-on, Roll-off berths – These are very specialised berths that handle
vehicular traffic only. Typically, a ships ramp is lowered onto a concrete
abutment, shore ramp or pontoon arrangement which allows trucks, trailers
and cars, etc., to drive on and off the vessel.

o Container terminals – Container berths consist of either solid or piled concrete

decks with multiple cranes used to load and unload containers. Containers can
be lifted directly to or from a trailer and transferred to a vessel or stacked in an
adjacent storage area. The entire process is highly mechanised and designed to
minimise the time a ship is alongside working cargo. Fully automated
terminals are now in operation where cranes and container carrying equipment
are fully automatic and there are no people moving within the terminal area.

Fendering arrangements will vary widely depending on the type of berth and vessel
that will use the facility.
Ref: The Work of the Harbourmaster – The Nautical Institute. Chapter 26.

 Anchorages
 These are areas where ships can drop their anchor whilst waiting to load or discharge
their cargo. They can be in open waters off a port, outside port limits, or in a sheltered
area within a port where the services of a pilot is required to locate the vessel in the
correct position. In general, when vessels anchor in open water areas off a port they
are not subject to controls and are free to position themselves as best they can under
prevailing circumstances. This can lead to a haphazard approach which in turn can
cause issues of overcrowding or manoeuvring difficulties when adverse weather is
experienced.
Ref: Australian Transport Safety Bureau report on the grounding of the Pasha
Bulker at Newcastle in 2007 - www.atsb.gov.au/media/1362985/mair243_001

Where anchorages are under the control of a port authority there is less likelihood of
problems arising given vessels will be positioned by an experienced pilot with local
knowledge and their positions can be monitored by a VTS centre.
Ref: The Work of the Harbourmaster – The Nautical Institute. Chapter 29.

 Layup Facilities
These berths provide a safe location for vessels to lie alongside whilst waiting to load
or discharge a cargo, undertaking repairs or simply waiting for a particular trade to
improve so that it can be put back into service. In some cases loading or discharge
facilities have a lay-by berth adjacent to the main wharf to expedite vessel exchanges.
Depending on the nature of the lay-up a vessel can retain a full complement of crew,
have a skeleton staff on board for emergencies or be completely unmanned. Equally,
the vessel could have all machinery available for use at any time or else it can be
completely shup down with only limited machinery maintenance carried out.
Lay-up facilities within a port area are generally limited as they are not used to handle
cargo and therefore have a limited earning capacity. Alternatively, if a cargo berth is
used to lay-up a vessel it will only be for a short term until the facility is required
again for cargo operations. The most common form of lay-up due to an oversupply of
a particular class of vessel or a downturn in trade is “rafting” of ships in groups in a
sheltered anchorage out of the way of commercial waterways. This allows vessels to
be secured and left unmanned until they are required to be put back into service.

 Towage and Salvage

Tugs used in port operations are generally owned and operated by private operators
that often have arrangements with several port authorities for the provision of towage
services. Under such circumstances it is important that port authorities are able to
have some influence over the type, size and number of tugs that should be available at
a particular port. This is generally achieved by the establishment of exclusive or non-
exclusive licences between a tug operator and a port authority. This type of
arrangement provides tug owners with a degree of certainty in terms of income and in
turn ensures the port authority has sufficient tug power to meet their safe operating
requirements.
Ref: Exclusive Licensing in Harbour Towage by Henry Ergas, Teresa Fels and
Jason Soon - www.greenwhiskers.com.au
Port authorities generally set the minimum number of tugs that should be used for a
particular vessel manoeuvre, derived from previous experience, risk assessments and
input from pilots and tug companies. A ships master or pilot can request additional
tugs to suit particular circumstances however they cannot generally operate below the
specified minimum standard.
Salvage work is generally carried out by organisations with experienced in this area
given its specialised nature and degree of difficulty. Tugs are used extensively in
salvage operations however they are generally larger than the average harbour tug and
fitted with specialist equipment. In Australia AMSA has developed a stepped process
in relation to tug availability for response to a marine emergency where salvage may
be required.
Level 1 – a dedicated 82 tonne bollard pull emergency towage and response vessel
provides emergency towage and first response capability in the northern Great Barrier
Reef (north of Mourilyan) and Torres Strait.

Level 2 – suitable harbour towage vessels have been contracted by AMSA to be

available in the event of a shipping incident in other regions of coast.

Level 3 – suitable ‘vessels of opportunity’ in the vicinity of a casualty in port or at sea

which can be made available to provide assistance.

Whilst harbour tugs are not generally suitable for towage and salvage work outside
port areas or in open waters, under some circumstances they may be the only vessels
available to render assistance in which case they may be employed as a last resort.
Ref: The Work of the Harbourmaster – The Nautical Institute – Section III,
Chapters 37 and 38.

When a vessel moves within a port there are three key players involved in the
operation who, although having different responsibilities, need to work together to
produce a safe outcome.

o The Vessel’s Master – Is in charge of the vessel and has responsibility for
all activities associated with the operation of the ship. Even although a
pilot in on board the master retains overall command of the vessel and
cannot abrogate that responsibility. This is a well-established fact under
national and international law.

o The Pilot – Usually employed by the port authority or a private provider,

uses local knowledge and ship handling skills to conduct the passage of the
vessel to and from an anchorage or berth. The pilot reports to the master
and is considered to be an employee of the vessel owner whilst on board
the vessel. It’s important to note that the master remains in overall
command and can at any time countermand any orders given by the pilot.

o The Tug – Tugs are used to assist vessels with berthing and unberthing
from port facilities. The minimum number and disposition of tugs required
for a particular operation will be determined by the pilot who will
 generally controls their movements. i.e. the pilot will issue orders to the
tug master to assist with the manoeuvring of the vessel.

The relationship between a vessels master, the pilot and tug master is unique and is
under constant scrutiny both in an operational sense and in terms of legal liability,
particularly when accident occurs.

Ref: UK Standard Conditions for Towage and Other Services

www.tasports.com.au/pdf/UK STANDARD CONDITIONS FOR TOWAGE

References
1. The Nautical Institute on Pilotage and Shiphandling – Part II – Pilotage
Organisation.
2. The Work of the Harbourmaster – The Nautical Institute – Section III,
Chapters 17 and 18.
3. IALA Vessel Traffic Services Manual, Chapter 5.
4. The Work of the Harbourmaster – The Nautical Institute – Section III,
Chapters 36, 37 and 38.