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Book 5 · Maritime trade  ›  Chapter 7 · General limitation of liability › Section 615

Limitation of the pilot’s liability

(1) The limits of liability set out in Article 6 (1) letter
a) and letter
b) of the Convention on Limitation of Liability for Maritime Claims (section 611 (1) sentence 1) apply to claims against a pilot working on board the ship, with the proviso that, if the tonnage of the piloted ship is in excess of 2,000 tons, the pilot may limit their liability to the amount derived under an assumed tonnage of 2,000 tons.

(2) The limit of liability set out in Article 7 (1) of the Convention on Limitation of Liability for Maritime Claims applies to claims against a pilot working on board the ship, with the proviso that, if the ship’s certificate of registry permits the carriage of more than twelve (12) passengers, the pilot may limit their liability to the amount derived under the assumption that only twelve (12) passengers were being carried.

(3) The constitution and distribution of a fund containing the amounts to be calculated pursuant to subsections (1) or (2), as well as the effects of constituting such a fund, are governed by those provisions of Article 11 of the Convention on Limitation of Liability for Maritime Claims which relate to the constitution and distribution of a fund and the effects of constituting a fund. However, Article 11 (3) of the Convention on Limitation of Liability for Maritime Claims is not to be applied if the tonnage of a piloted ship is in excess of 2,000 tons, as per subsection (1), or if the ship is licensed to carry more than twelve (12) passengers pursuant to its certificate of registry, as per subsection (2).

(4) A pilot who is not working on board the piloted ship may limit their liability for the claims set out in Article 2 of the Convention on Limitation of Liability for Maritime Claims by correspondingly applying section 611 (1), (3), and (4), as well as sections 612 through 614 and section 617, subject to the proviso that a special limit of liability applies for these claims; this is calculated pursuant to subsection (1) or (2) and is available exclusively to satisfy claims against the pilot.

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