N.Y. Navigation Law 94 – Suspension or revocation of licenses; suspension of pilots
§ 94. Suspension or revocation of licenses; suspension of pilots. 1. If any pilot licensed under this article shall become intoxicated while in charge of any ship or vessel as pilot, he shall forfeit his pilotage, and be suspended from duty for six months, for the first offense. For the second offense, he shall be deprived of his license and forever thereafter be incapable of acting as a pilot. Such penalties or any other forfeitures or penalties incurred by virtue of this article, or by the rules and regulations of the board of commissioners made in conformity with this article, shall not be imposed unless such pilot shall have been first summoned.
Terms Used In N.Y. Navigation Law 94
- Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Oath: A promise to tell the truth.
- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
2. The commissioners may suspend any pilot licensed under this article at any time for any period they may deem proper, and may revoke and annul any license which shall have been granted upon satisfactory proof of negligence, carelessness, wilful dereliction of duty, or wilful disobedience by such pilot of any lawful rule or regulation duly made and promulgated by the commissioners. The pilot so suspended, at any time, upon due notice, may appeal to the commissioners for a re-hearing of his case, and such commissioners shall have power to confirm or reverse the previous decision.
3. The board of commissioners may revoke or annul the license of any Sandy Hook pilot who shall not be entitled to the use of such pilot boats as shall have been approved by the commissioners.
4. It shall be the duty of the commissioners to hear and examine all complaints duly made in writing against any pilot or person connected with a pilot boat, for any misbehavior or neglect of duty, or breach of their rules or regulations, which they shall deem material to be investigated. They shall also hear and examine all complaints made in like manner by any licensed pilot against any master, owner, or seaman of a vessel, for any misbehavior toward such pilot in the performance of his duty, or any breach of such rules or regulations.
5. Before any person shall be proceeded against on any complaint, and before any pilot may be removed or suspended for longer than one month, such person or pilot shall be notified, in writing, signed by the secretary, to appear before the board of commissioners. Such notice, which shall specify the nature and substance of such complaint and shall be served personally at least five days before the time fixed for appearance. The commissioners shall postpone or adjourn such hearing from time to time for just cause. The certificate of such commissioners, or of a majority of them, with proof of such service of notice, shall be prima facie evidence that the party upon whom the notice was served, and upon whom a fine or penalty was thereupon imposed, is liable to pay such fine or penalty.
6. The secretary, under the supervision of the commissioners, and at the instance either of the complaining or defending party, shall issue subpoenas to compel the attendance of witnesses before the commissioners, in all cases which they are empowered to hear and examine under this article. The commissioners shall examine on oath, to be administered by them, all such witnesses who in their opinion shall give material testimony. A subpoena issued under this section shall be regulated by the civil practice law and rules except that fees shall be paid by the person on whose behalf the subpoena is issued.
7. Whenever any pilot shall be suspended, he shall forthwith deliver up his branch or license to the board which shall retain it until the time of suspension shall expire. Any such suspended pilot who shall refuse to deliver up such branch or license shall be subjected to a penalty of one hundred dollars for each and every such refusal.