Responsibility and Accountability in Maritime Law
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CHAPTER 12
Compulsory pilotage: Who takes the blame?
The modern law of compulsory pilotage
Much light has been cast on the Master's Absolute Discretion, the metamorphosis of which appears well defined by Convention in SOLAS Chapter V Regulation 34-1. On the face of it, the Master never loses control of his command; and he cannot share it either. Compulsory pilotage was implemented by Port State laws because of commercial pressure on navigation in confined waters; in the UK, the Pilotage Act 1987 clearly defines the requirements and powers for compulsory pilotage, but what happens when the Master must exercise their Absolute Discretion, as implemented in UK law by the Merchant Shipping (Safety of Navigation) (Amendment) Regulations 2011?1