ADMINISTRATIVE RULING No. 169, PORT MANEUVER PILOT
Bolivarian Republic of Venezuela
Ministry of People’s Power for Transport
National Institute of Aquatic Spaces
CARACAS, MAY 16, 2023
YEARS 213°, 164° and 24°
In the exercise of the powers conferred by Article 78, numerals 1 and 10 of the Decree with the Rank, Value, and Force of the Organic Law of Aquatic Spaces, in accordance with the provisions of Article 73, numerals 1, 2, and 18, and Article 74, numerals 2, 3, 4, 5, 7, 13, and 29 of the same, in accordance with Articles 206; 207, numerals 1, 3, 4, 5, 6, and 7; 208, 209, and 210 of the Decree with the Rank, Value, and Force of the Law on Marinas and Connected Activities, as provided for in Articles 33, 39, and 40 of the Regulation on the Pilotage Service issued by Decree No. 2,097 dated November 6, 2002, published in the Official Gazette of the Bolivarian Republic of Venezuela No. 41,577 dated November 25, 2002, and as provided for in Article 17 of the Organic Law of Administrative Procedures.
WHEREAS
The National Institute of Aquatic Spaces exercises the Aquatic Authority and Administration, in accordance with the powers legally assigned to it, including supervising the training and education of merchant marine personnel, maintaining their registry and certification, and guaranteeing maritime safety and life through supervision and control.
The National Institute of Aquatic Spaces, as a management entity in the exercise of aquatic administration, must supervise, control, and monitor the operations of the Port Captaincies and their delegations, as well as control and supervise the pilotage service.
The National Institute of Aquatic Spaces may authorize Navy Officers specialized in the fleet to perform pilotage duties on a temporary and exceptional basis, when needs so require.
The Venezuelan State, as a member of the International Maritime Organization, must take into consideration the standards issued by this institution, and therefore must take into account Resolution A.960(23) adopted on December 5, 2003, concerning the Recommendations on Training and Certification and Operational Procedures for Maritime Pilots other than Deep-Sea Pilots.
This Office,
DECIDES
The purpose of this Administrative Ruling is to regulate the issuance of the Port Maneuver Pilot Certificate and Credential, on a temporary and exceptional basis, to Navy Officers who have graduated from the Caribbean Maritime University, specializing in navigation.
In order to be granted the Port Maneuver Pilot Certificate and Credential, on a temporary and exceptional basis, the applicant must meet the following requirements:
- To be Venezuelan
- To be a Navy Officer and to have studied at the Caribbean Maritime University specializing in navigation, with expertise in navigation and maneuvers, and with a minimum of two (02) years of sea time.
- To present a valid maritime medical certificate, issued by a physician registered and authorized by the National Institute of Aquatic Spaces to perform maritime medical examinations.
- To possess proficiency in the English language.
- Not to have been suspended from professional practice during the last five (05) years.
- Not to be subject to civil interdiction or political disqualification.
- Proof of having completed and passed the internship period according to the assigned Port Captaincy, in accordance with Article 208 of the Decree with the Rank, Value, and Force of the Law on Marinas and Connected Activities.
The Port Maneuver Pilot Certificate and Credential, issued on a temporary and exceptional basis, empowers its holder to perform ship docking and undocking maneuvers in the port, up to the entrance of the navigation channel, the roadstead, or the basin, where they must advise the Shipmaster in order to achieve a safe maneuver regarding the following aspects:
- The appropriate course of the vessel in channels and basins.
- The manner in which the maneuver must be executed, considering all factors affecting the vessel and its safety.
- The maritime signaling in the Aquatic District (lights, buoys, leading lines, and any other aid to navigation).
- Communication channels with shipping agencies, terminals, ports, and governmental or private entities.
- Any other assistance or aid required by the Captain within the port.
The Port Maneuver Pilot Certificate and Credential, issued on a temporary and exceptional basis, shall contain the following data:
- First and last name.
- Identity card number.
- Assigned certificate number, date of issuance, and expiration date.
- Authorized Aquatic District for maneuvering.
- Authorized gross tonnage.
The Port Maneuver Pilot Certificate and Credential, issued on a temporary and exceptional basis, does not entitle its holder to qualify for the Merchant Marine titles of Chief Mate or Master Mariner, established in Articles 254 and 255 of the Decree with the Rank, Value, and Force of the Law on Marinas and Connected Activities, unless the provisions of said regulations are met.
Applicants for the Port Maneuver Pilot Certificate and Credential, issued on a temporary and exceptional basis, shall be evaluated upon completion of their internship by an Evaluation Board consisting of the Port Captain, the pilot who supervised the applicant’s maneuvers, a pilot with more than three (03) years of experience in the respective Aquatic District, and the Pilotage Inspector, who shall determine whether the applicant is fit to be issued the temporary and exceptional Port Maneuver Pilot Certificate and Credential.
The Evaluation Board must issue the corresponding report indicating the maximum gross tonnage units the applicant is authorized to advise the shipmaster on, the docks where they can perform docking and undocking maneuvers, and the types of vessels.
The Port Maneuver Pilot Certificate and Credential, issued on a temporary and exceptional basis, shall have a duration of two (02) years.
If the Port Maneuver Pilot, holding a temporary and exceptional status, does not perform port maneuvers within the assigned Aquatic District for a period of six (06) months from the date of issuance of the documents, the temporary and exceptional Port Maneuver Pilot Certificate and Credential shall lose its validity.
In the event that a Port Maneuver Pilot, holding a temporary and exceptional status, requests a transfer to another Aquatic District, they must—in addition to complying with the requirements established in this Administrative Ruling—have completed and passed the internship period and have been evaluated by the respective board of said Aquatic District.
The Port Maneuver Pilot Certificate and Credential, issued on a temporary and exceptional basis, may be revoked by the President of the National Institute of Aquatic Spaces when there is a failure to comply with the duties to be performed.
The Port Captain shall evaluate the activity of the applicant for the temporary and exceptional Port Maneuver Pilot Certificate and Credential, as well as their job performance, in order to determine the exceptional need for executing the maneuver.
The General Directorate of Operations and the General Directorate of Marine Affairs shall be responsible for ensuring compliance with the provisions of this Administrative Ruling.
This Administrative Ruling shall enter into force upon its notification.
Let it be communicated and executed.
Acting President of the National Institute of Aquatic Spaces
DAppointed pursuant to Decree No. 4,309 dated September 15, 2020.
Official Gazette of the Bolivarian Republic of Venezuela No. 41,965 A, dated September 15, 2020.
