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In forceUpdated to 1 Jan 2006

Part V · Duties and Powers of the Commission

70L. Limitation of pilot’s liability when bond is given

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(1)

A Commission pilot who has given a bond in accordance with subsection (2) shall not be liable for neglect, want of skill or incapacity in office beyond the penalty of the bond and the amount payable to the Commission on account of pilotage in respect of the voyage in which he was engaged when he became so liable.

(2)

Every Commission pilot shall undertake to give a bond in favour of the Commission, in such sum as the Commission considers reasonable, for the proper performance of his duties under this Part and any regulations or by-laws under this Act.

(3)

Any bond by a Commission pilot in accordance with this section shall not be liable to stamp duty.

(4)

Where any proceedings are taken against a Commission pilot for any neglect, want of skill or incapacity in office in respect of which his liability is limited as provided by this section, and

Penang Port Commission 59

other claims are made in respect of the same neglect, want of skill or incapacity in office, the court in which the proceedings are taken may—

(a)

determine the amount of the pilot’s liability and, upon payment by him of the amount to court, distribute the amount rateably among the several claimants;

(b)

stay any proceedings pending in any other court in relation to the same matter; and

(c)

proceed in such manner and subject to such direction as to making persons interested parties to the proceedings, and as to the exclusion of any claimants who have not submitted their claims within a certain time, and as to requiring security from the pilot and as to payment of any costs as the court thinks fit.

Report

Part VI

Limitation of Liability

Part VII

Offences, Damages, Penalties and Proceedings

Part VIII