Audible response
Consultation regarding executive order on the use of pilots
Consultation response
Danish Ports thanks for the opportunity to submit a consultation response to the draft
executive order on the use of pilots. Danish Ports takes a positive view of the
service review that the Danish Maritime Authority is carrying out in the pilotage area. Overall,
it is to the benefit of the sector that existing rules have been reviewed and adjusted where
appropriate, so that we on the one hand take into account the commercial
perspective on shipping and on the other hand ensure a reasonable safety
level.
According to current rules, the draft executive order entails 2 significant
improvements:
1) Relaxation of the exemption from stricter compulsory pilotage when towing into ports and in
ports for objects under 28 meters in length in the existing
executive order to now under 50 meters in length and 20 meters in width.
2) A number of clarifications, in terms of content as well as language, which are beneficial
when the Executive Order is to be complied with in practice.
Danske Havne also has the following comments on the draft
Executive Order.
Ch. 1, § 1, 2)
The definition of a tow is far-reaching compared to current practice.
Danish Ports agrees that a tow is when an object is fastened and towed behind
or pushed ahead of the towing ship in a fastened unit, as long as it is not considered
as a ship. However, a distinction should be made between an actual tow and assistance from
the towing vessel, which would be, for example, when a ship pushes an object without being
attached. It is important to distinguish between towing and towing vessel assistance, as
there are not the same risks associated with this as with an actual towing/towing operation,
where the units are attached. Therefore, we believe that short-term pushes from a tug without
attachment of towing bridles - so that the ship is swung around faster or pushed the
last few meters to the quay - should not be considered a towing operation and should therefore be
exempt from the increased pilotage obligation. The following definition is based on the Swedish rules
for towing:
"Tug assistance: When a vessel uses its own machinery while being
supported by a tug or assisted by a tug for maneuvering without
being attached. Assistance from a tug without being attached to the vessel being assisted
is not subject to compulsory pilotage."
In addition, we have comments on the definition of "towing has commenced when
radio contact has been established", because what does radio contact mean in practice? Most often,
a ship entering port will ask the tug to prepare inside the port's
outer piers and radio contact is established before the ship enters the port to
help the ship the last stretch to the quay. Does towing start when the tug
is requested, when it sails out to berth, when it is ready or only when
the requesting party approaches? If towing is considered to start the second tugs
are requested, the pilot must be on board the ship for longer than necessary, which is
unnecessarily costly for shipping.
Ch. 1, § 1, 3)
The new definition of a marked shipping lane in the draft executive order includes
if there is an angle beacon, guide beacon or similar. With this definition, the many
commercial ports with guiding beacons will be subject to compulsory pilotage when towing, also outside
the port area, as the port entrance between the outer piers will be considered a
marked shipping lane. This definition will also include ports with a wide
entrance between the outer piers if the port has a guide beacon, which is not
reasonable. Danske Havne sees no reason why the harbor entrance between the outer piers
should be considered a marked shipping lane due to angle beacons, guide beacons or similar. Danish Ports
would therefore like to see the definition changed so that it does not include angle beacons, guide beacons or similar.
Ch. 2, § 3(1)
Danish Ports supports the changed criteria for the exception to the stricter pilotage obligation
for towed ships or objects, which are now more in line with the rules in
those of our neighboring countries that have similar bottom conditions. We recognize that
the Danish Maritime Authority has found a balance between safety and
the interests of the industry. It is positive that the gross tonnage criterion has been removed, as it also
contributes to standardizing the rules compared to our neighboring countries and, according to
the Danish Maritime Authority itself, has rarely been used.
Ch. 2, § 3, para. 2
The pilotage obligation within the port area is unchanged, but now clarified and written
explicitly.
The general exemption in the existing executive order's §1, para. 4 for ships that
are towed from quay to quay within the same port area is removed.
We note that the exemption in section 3(1) also applies to quay to quay operations.
In addition, objects that cannot be propelled under their own power and that
are less than 100 meters long and less than 30 meters wide are also exempted. It is also a prerequisite
that the tug master can assess the conditions at the quay to which the object is to be moved
and that the tug master can assess that the towing can be carried out in a
safe manner in terms of navigational safety, taking into account weather, visibility, current and traffic conditions
etc.
In other words, this is a tightening for all objects towed from quay to quay
within the same port area if they are 50 meters long and 20 meters wide or
more, and for barges over 100 meters long and 30 meters wide or
more.
In connection with the preparatory work for the draft executive order, it has been unclear what
the background for this tightening is, as we in Danish Ports are not aware of quay to quay
operations where accidents or near miss situations have occurred. It has been brought up by
the Danish Maritime Authority that the reason for the change is that the existing
rules are unclear. If this is the reason, the problem should be solved with a clearer
description of the rules rather than tightening them, even in a relatively complex way, as
different rules apply to all types of objects and objects that cannot be propelled
under their own power. Basically, it is always the master's responsibility to assess the situation
and conditions, and also whether to take a pilot on board. The master's responsibility for any
voyage remains unchanged, regardless of whether there is a pilot on board or not. Danske Havne sees no
reason to introduce compulsory pilotage for towing from quay to quay with the mentioned
exceptions and would like to see the current exception continued in the new
executive order.
Chapter 2, section 3(3): Possibility of exemption
It is very positive that the Executive Order introduces the possibility for
the Danish Maritime Authority to grant exemptions from paragraphs 1 and 2 upon application. Danish Ports would
like to see the criteria according to which a nautical risk assessment must be made
publicly available after consultation with the sector.
At the same time, we recommend that the same possibility for exemption should be possible for
compulsory pilotage as a result of Chapter 3 of the Executive Order. This will make it possible for the
individual port to apply for an exemption if there are changes in the port's conditions
that mean that the port's specific pilotage obligation should be adjusted or if the specific
pilotage obligation should no longer apply. The dispensation option provides better
agility so that the pilotage obligation is adapted to the specific local conditions without having to wait for a
change to the executive order.
Chapter 4, §18: Exceptions to section 4(1) of the Pilotage Act in the North Sea, Skagerrak and Kattegat
Danish Ports proposes that the Danish Maritime Authority, in addition to the written exceptions to
section 4(1) of the Pilotage Act, show the areas covered on a map. Danish Ports
understands that the map is not included in the Executive Order and will only be a supplement
that can serve to visually illustrate the geographical boundaries.
Danish Ports is available if there are any questions or need for clarification
of the consultation response.
Sincerely,
Eva Fiil Nielsen
Business Policy Consultant