# COMAR Title 09 — Maryland Department of Labor

## Subtitle 26 — Board of Pilots

### Chapter 02 — Pilots-in-Training, and Limited and Unlimited Licensed Pilots

**Authority:** Business Occupations and Professions Article, §§11-205, 11-403, 11-406, and 11-406.1, Annotated Code of Maryland

**Administrative History:** Effective date: July 29, 1985 (12:15 Md. R. 1516)

**Administrative History:** Regulation .02 adopted effective February 10, 1986 (13:3 Md. R. 271)

**Administrative History:** Regulation .02A amended effective August 21, 1989 (16:16 Md. R. 1750)

**Administrative History:** Regulation .03 amended effective December 11, 2003 (30:24 Md. R. 1740)

**Administrative History:** Regulation .03B amended effective September 28, 1992 (19:19 Md. R. 1706)

**Administrative History:** Regulation .03F adopted effective August 25, 1986 (13:17 Md. R. 1922)

**Administrative History:** Regulation .03G amended effective January 6, 2005 (31:26 Md. R. 1861)

**Administrative History:** Regulation .04B amended effective December 11, 2003 (30:24 Md. R. 1739)

**Administrative History:** Regulation .05 amended effective February 23, 1998 (25:4 Md. R. 243)

**Administrative History:** Regulation .06B amended effective February 23, 1998 (25:4 Md. R. 243)

**Administrative History:** Regulation .07 adopted effective April 7, 1997 (24:7 Md. R. 552)

**Administrative History:** Regulation .07A amended effective December 11, 2003 (30:24 Md. R. 1740)

**Administrative History:** Chapter revised effective June 20, 2005 (32:12 Md. R. 1046), except that Regulation .02 repealed effective November 1, 2005

**Administrative History:** Regulation .01A, B amended effective March 21, 2011 (38:6 Md. R. 394)

**Administrative History:** Regulation .06 amended effective May 31, 2010 (37:11 Md. R. 765)

**Administrative History:** Regulation .06A amended effective February 24, 2020 (47:4 Md. R. 261)

**Administrative History:** Regulation .07 adopted effective May 31, 2010 (37:11 Md. R. 765)

**Administrative History:** Regulation .08 adopted effective May 31, 2010 (37:11 Md. R. 765)

#### Regulation .01 Appointment of Pilot-in-Training.

*COMAR 09.26.02.01*

A. If the Board determines that it is necessary for the protection of the commercial interest of the State, the Board may appoint any number of qualified applicants to be pilots-in-training.

B. In evaluating the commercial interest of the State, the Board may consider the State's interest in the availability of efficient, safe, and reliable pilotage services.

#### Regulation .02 Selection of Pilots-in-Training.

*COMAR 09.26.02.02*

A. An applicant meeting the qualifications of the Business Occupations and Professions Article, §11-303, Annotated Code of Maryland, shall complete an application form approved by the Board.

B. In addition to the application form, an applicant shall submit:

  (1) A transcript from the applicant's postsecondary education institution, if applicable;

  (2) A copy of the applicant's valid United States Coast Guard license;

  (3) The applicant's maritime employment history; and

  (4) An application fee of $25.

C. If an applicant fails to comply with these regulations, the applicant may not be eligible for selection as a pilot-in-training.

D. The Board shall maintain a list of qualified applicants from which candidates shall be selected when the Board determines that apprentice pilots are required under Regulation .01 of this chapter.

E. To compile the list of qualified applicants, the Board:

  (1) Shall review the applications of all eligible applicants;

  (2) May conduct personal interviews of eligible applicants that it considers necessary and under the circumstances that it may direct; and

  (3) Shall rank them in the order in which they would be selected if the need for pilots-in-training arises.

F. Selection from the List.

  (1) If the Board determines that pilots-in-training are required under Regulation .01 of this chapter, the Board shall select them beginning with the top ranked on the existing list.

  (2) If the list is older than 1 year, the Board may require qualified applicants to update relevant information before the selection process.

G. Maintenance of the List.

  (1) Unless the Board determines that the list should be extended for 1 additional year, the list of qualified applicants shall be maintained for a period of 2 years from the date it is compiled by the Board.

  (2) Before the expiration of the list, a new list shall be prepared based on new applications.

  (3) All existing applications must be renewed to be considered for the subsequent list.

  (4) A list of qualified applicants compiled before October 1, 2004, shall be maintained for 1 year.

H. An applicant selected under §F of this regulation shall pass an additional physical examination, as required by the Board, before the applicant may be appointed a pilot-in-training.

#### Regulation .03 Limited Licensed Pilot.

*COMAR 09.26.02.03*

A. A pilot-in-training shall serve under the supervision of unlimited licensed pilots for at least 2 years after the appointment of the pilot-in-training before being licensed as a limited licensed pilot.

B. Before an eligible pilot-in-training may be licensed as a limited licensed pilot, the pilot-in-training shall:

  (1) File an application approved by the Board; and

  (2) Demonstrate to the satisfaction of the Board by actual observation of demonstrated performance that the pilot-in-training possesses sufficient ability, skill, and experience.

C. In evaluating the ability, skill, and experience of a pilot-in-training, the Board shall consider the following:

  (1) The recommendation of the Qualification Committee;

  (2) The recommendation of the supervising licensed pilots;

  (3) Any license issued to the pilot-in-training by the United States Coast Guard;

  (4) The training program of the pilot-in-training including but not limited to:

    (a) The number of trips;

    (b) Types of vessels; and

    (c) Pilotage routes in the training program; and

  (5) Other pertinent factors identified by the Board.

#### Regulation .04 Raise in Grade of Limited Licensed Pilot.

*COMAR 09.26.02.04*

A. A limited licensed pilot holding a license to pilot vessels not exceeding 32 feet draft may apply for a license to pilot vessels not exceeding 36 feet draft.

B. A limited licensed pilot holding a license to pilot vessels not exceeding 36 feet draft may apply for a license to pilot vessels not exceeding 40 feet draft.

C. Before a limited licensed pilot under §§A and B of this regulation may be granted a raise in grade license, the limited licensed pilot shall:

  (1) File an application approved by the Board; and

  (2) Demonstrate to the satisfaction of the Board by actual observation of demonstrated performance that the limited licensed pilot possesses sufficient ability, skill, and experience.

D. In evaluating the ability, skill, and experience of a limited licensed pilot, the Board shall consider the following:

  (1) The recommendation of the Qualification Committee;

  (2) The length of time that the limited licensed pilot has piloted vessels under the lower draft limited license;

  (3) The number of vessels piloted;

  (4) The pilotage routes;

  (5) Any other licenses obtained by the limited licensed pilot; and

  (6) Other pertinent factors identified by the Board.

#### Regulation .05 Unlimited Licensed Pilot.

*COMAR 09.26.02.05*

A. A limited licensed pilot shall serve for at least 3 years after being licensed before being licensed as an unlimited licensed pilot.

B. Before an eligible limited licensed pilot may be licensed as an unlimited licensed pilot, the limited licensed pilot shall:

  (1) File an application approved by the Board; and

  (2) Demonstrate to the satisfaction of the Board by actual observation of demonstrated performance that the limited licensed pilot possesses sufficient ability, skill, and experience.

C. In evaluating the ability, skill, and experience of a limited licensed pilot, the Board shall consider the following:

  (1) The recommendations of the Qualification Committee;

  (2) The length of time that the limited licensed pilot has piloted vessels;

  (3) The number of vessels piloted;

  (4) The pilotage routes;

  (5) Any other licenses obtained by the limited licensed pilot; and

  (6) Other pertinent factors identified by the Board.

D. An application filed under this regulation may be treated as an application filed under Regulation .04 of this chapter in the discretion of the Board.

#### Regulation .06 Continuing Education.

*COMAR 09.26.02.06*

A. Once every 5 years, a licensed pilot shall satisfactorily complete a course approved by the Board or a course offered at an institute approved by the Board in each of the following subject areas:

  (1) Bridge Resource Management for Pilots;

  (2) Differential Global Positioning System;

  (3) E-Navigation;

  (4) Current and emerging marine navigation, steering, and propulsion technologies; and

  (5) Any other subject areas that are or may be designated by the United States Coast Guard or the Board.

B. At the request of a pilot, the Board may give the pilot an additional year beyond the normal 5-year time period on one continuing education cycle to extend the renewal date of the ARPA or ROR so that the dates are coincident for the purposes of federal licensing requirements.

C. A licensed pilot who completed a required course while a pilot-in-training shall complete the course again within 5 years of the prior course completion and every 5 years thereafter.

#### Regulation .07 Reporting Requirements for License Renewal.

*COMAR 09.26.02.07*

A. A licensee shall provide the Board with satisfactory evidence of completion of the continuing education requirements either through electronic completion notices provided directly to the Board by the course provider or through other documentation from the course provider that is acceptable to the Board.

B. The documentation shall be submitted within 30 days of the completion of the course.

C. The Board at its discretion may audit up to 10 percent of randomly selected licensees to ascertain compliance with the continuing education requirements.

D. Licensees who are audited shall provide any additional documentation required by the Board to complete the audit.

#### Regulation .08 Maintenance of Federal License.

*COMAR 09.26.02.08*

A. Each licensed pilot shall maintain an active United States Coast Guard license.

B. A licensed pilot shall give the Board immediate notice of any lapse in the pilot's United States Coast Guard license.

C. If the lapse is the result of a delay that occurs in the United States Coast Guard renewal process, the pilot shall be permitted to continue piloting pending re-issuance of the license upon a showing by the pilot to the Board that:

  (1) A timely application for the renewal of the license has been made;

  (2) There are no known impediments to renewal of the license; and

  (3) A licensed physician or physician's assistant has certified that the pilot is in good health and has no physical impairment or medical condition that would render the pilot physically unable to perform the ordinary duties of the license.