An analysis of the extent of liability of the maritime pilot under Maltese law

Abstract

The responsibility and liability of the maritime pilot in cases of damage to or by a vessel under pilotage is somewhat ambiguous under the current legal regime. This thesis aims to analyse this issue and find a more definite answer to the extent of a maritime pilot’s liability while on duty. The analysis comprises an examination of local regulation and jurisprudence, as well as a comparative view of pilotage laws and practice elsewhere. Before delving into the question of the liability of the pilot, this thesis provides a background to the profession of pilotage, starting from a definition and a general overview of the trade, as well as a historical analysis of the practice and legal developments. This thesis also looks at other legal instruments at a European and International level which are applicable to pilotage. In order to examine pilotage liability, the duties and responsibilities of all professions connected to pilotage, such as the shipmaster, the owner of the vessel, and the authority responsible for the provision of pilotage, are analysed. Local law and jurisprudence sometimes conflict when it comes to the question of whether the pilot’s role is advisory vis-à-vis the shipmaster. This issue is at the centre of pilotage liability, and a clear position needs to be taken both in law and by the courts. Recommendations are made in this regard. This thesis then looks at the question of limitation of liability of pilots, the Pilots Cooperative and the relevant Authority, respectively. After examining the rationale behind the limitation, possible alternatives are suggested for a claimant to be indemnified.