§ 405.7. Qualifications for license.
(a) An applicant for the initial issuance of a pilot’s license in any class shall:
(1) Except for first-time applicants for a sixth class license, have served at least 1 year in each of the license classes below the class of license applied for.
(2) Have complied with subsection (d).
(3) Have passed a physical examination within 120 days of the date of application based on the requirements of § 405.8 (relating to physical examination qualifications), as evidenced by a physician’s statement. As proof of a physical examination, apprentices and pilots shall submit the current or successor form of the ‘‘Merchant Mariner Credential Medical Evaluation Report’’ of the United States Coast Guard. Physical examinations may also be ordered by the Commission for any pilot or applicant at any time that there is cause to believe that the physical condition of the pilot or applicant may be so impaired as to impact the pilot or applicant’s ability to discharge his duties.
(4) Have participated in a program of random drug testing during the preceding calendar year that meets the standards of Coast Guard regulations under 46 CFR Part 16 (relating to chemical testing). The random drug testing shall be performed by a testing agency satisfactory to the Commission. The testing agency conducting this random drug testing shall submit to the Commission documentation of the results immediately for any pilot who tests positive. The testing agency conducting this random drug testing shall submit to the Commission documentation of the results for all other pilots prior to March 1 of each year.
(5) Have been qualified as a radar observer, as evidenced by one of the following:
(i) A radar observer endorsement on a current Federal pilot’s license.
(ii) A certificate issued by a Coast Guard-approved authority reflecting that the certificateholder satisfactorily completed a course of instruction for radar observers, within 5 years of the date of application.
(6) Have completed a Commission-approved course in bridge resource management within 5 years of the date of application or renewal.
(7) Have completed a Commission-approved course in automatic radar plotting aids (ARPA) once in a pilot’s career.
(8) Post a surety bond that satisfies the requirements of § 405.13 (relating to bonding).
(9) Pay the required license fee, as specified in § 405.15 (relating to initial license and license renewal fee).
(10) Hold and maintain an active Federal first-class pilot’s license and endorsement for the routes to be traversed, unless otherwise ordered by the Commission.
(b) In addition to meeting the requirements of subsection (a), a first-time applicant for a first-class pilot’s license shall have completed 40 hours of Commission-approved continuing education in navigation, ship handling or related topics within the preceding 5 years. Courses in the required areas of radar observer, ARPA and bridge resource management may count towards the 40-hour total. The Commission will approve the education facilities that qualify to provide this education.
(c) In addition to meeting the requirements of subsection (a), an applicant for a sixth-class pilot’s license shall score a passing grade or better on an examination, as provided in § 405.4(b) (relating to examination for sixth-class license). Prior to taking the examination, the applicant shall:
(1) Be at least 21 years of age.
(2) Be within 3 months of completing a Commission-approved apprenticeship.
(3) Have acquired a current Federal pilot’s license for the Delaware River issued by the Coast Guard.
(d) In addition to meeting the requirements of subsection (a), applicants for a pilot’s license:
(1) Shall have piloted at least 52 vessels during the preceding license period, if the applicant is a current license-holder, unless waived by the Commission under paragraph (2).
(2) May seek a waiver from the Commission of the requirement of paragraph (1), in whole or in part, for illness, disability or other good cause that prevents a pilot from piloting the required number of vessels. If a waiver is granted, the Commission may condition the issuance of the license on the applicant’s completion of refresher trips up or down the river as may be necessary to ensure that the applicant is familiar with current conditions along the route. Refresher trips shall be made in the company of a first-class pilot.
Authority The provisions of this § 405.7 amended under section 4 of the act of March 29, 1803 (P. L. 542, 4 Sm.L. 67) (55 P. S. § 31); and section 2504-B(4) of The Administrative Code of 1929 (71 P. S. § 670.2(4)).
Source The provisions of this § 405.7 amended July 5, 2002, effective July 6, 2002, 32 Pa.B. 3211; amended January 24, 2014, effective January 25, 2014, 44 Pa.B. 485. Immediately preceding text appears at serial pages (289860) to (289862).
Cross References This section cited in 4 Pa. Code § 405.12 (relating to renewal of license).
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