Bond of pilot - Preserving bonds, etc.; new bonds; actions on bonds; liabilty.

(a) The commissioners shall preserve on file all bonds and affidavits taken from bar pilots, and, whenever they consider it necessary, may require a new bond to be executed. The bar pilot's bond stands as security for any injury caused by the negligence or want of skill of the bar pilot, and action may be brought thereon in the name of any person aggrieved.

(b) A bar pilot or apprentice providing bar pilot services to a vessel is not liable for more than five thousand dollars ($5,000) for damage or loss to any person or property caused by the bar pilot's or apprentice's error, omission, fault, or neglect in the performance of the bar pilot services, unless one of the following applies:

(1) The damage or loss was caused because of the willful, intentional, or reckless misconduct of the bar pilot or apprentice.

(2) Liability exists for exemplary or punitive damages for willful, intentional, or reckless misconduct for which no other person is jointly or severally liable.

(c) This section does not exempt a vessel, its crew, or its owner, charterer, or operator from liability for damage or loss caused to any person or property by the vessel on either of the following grounds:

(1) That the vessel was piloted by a bar pilot or apprentice.

(2) That the damage or loss was caused by the error, omission, fault, or neglect of a bar pilot or apprentice.

(d) An association of bar pilots is not liable for claims arising from acts or omissions of a bar pilot or apprentice who is a member of the association. A bar pilot or apprentice is not liable, directly or as a member of an association of bar pilots, for claims arising from acts or omissions of another bar pilot or association of bar pilots that relate to pilotage of a vessel under this chapter. For purposes of this section, an association of bar pilots means the association, corporation, company, partnership, or other entity that employs the bar pilot and other bar pilots of which the bar pilot is a member, shareholder, partner, or other owner with other bar pilots.

(e) In an action brought against a bar pilot or an apprentice, or both, for an act or omission for which liability is limited as provided by this section and in which other claims are made or anticipated with respect to the same act or omission, the court shall dismiss the proceedings as to the bar pilot or apprentice, or both, to the extent the pleadings allege liability of the bar pilot or apprentice that exceeds five thousand dollars ($5,000).

(f) This section appies only provided the bar pilots remain self-employed independent contractors and the number of self-employed independent contractors does not exceed 20 actively engaged in the piloting of vessels as licensed by the commission. Employment of a bar pilot by an association of bar pilots shall not mean the bar pilot is not self-employed.

(g) The protection against or exemption from liability provided to an association of bar pilots under this section shall be in addition to the protections against and exemption from liability provided an association of bar pilots provided by or under federal or any other law.

(Act 2019-162, §26.)