Disciplinary procedures

Procedure of the Pilotage Disciplinary Board

A disciplinary complaint can be filed against a registered maritime pilot in case of:

  • Acting or failing to act in violation of the conduct expected of a proper registered pilot;
  • Violation of a regulation or a further provision issued pursuant to a regulation as specified in Article 15 of the Pilotage Act.

Initiating a Case  

A disciplinary case against a registered pilot can be initiated by a written complaint from the general council, the board of a regional pilotage corporation, or from the person directly affected. A standard pilotage disciplinary complaint form is available for filing the complaint.

Upon submission to the disciplinary board, the complaint is dated based on its receipt. This date is crucial for determining the timeliness of the complaint. A complaint must be filed within three years from the day the complainant became aware of, or reasonably could have become aware of, the behaviour in question. The secretary promptly sends a confirmation of complaint receipt to the complainant.

Contents of Complaint

The complaint must include:

• Personal and contact information of the complainant.
• Personal information, and if known, contact details of the registered pilot in question.
• Description of the behaviour in question and the objections against it.
 

Additionally, the standard complaint form includes:

• Name and signature of the complainant.
• If the complainant has appointed a representative, the representative’s personal and contact information.

Dismissal of Complaint

The chair of the disciplinary board may summarily dismiss the complaint with reasoned grounds if it is deemed obviously inadmissible, unfounded, or if the board lacks jurisdiction. The secretary promptly sends the chair’s written decision to the registered pilot, the complainant, and the general council of the Dutch pilotage corporation. The complainant and the general council have two weeks to appeal the chair’s decision. A successful appeal nullifies the chair’s decision.

Withdrawal of Complaint 

Withdrawal of the complaint, after it has been submitted, or cessation of activities by the registered pilot complained against, has no effect on the further handling of the complaint when, in the opinion of the pilotage disciplinary board, the public interest presumably violated demands that the handling be continued or when the person complained against has stated in writing a desire for the continuation of the handling of the complaint.

Handling of the Complaint

The chairman promptly informs the pilotage disciplinary board of complaints not rejected by him. The registered pilot against whom the complaint is filed receives a copy of the complaint as soon as possible.

Legal Assistance or Representation

The registered pilot may be assisted by a lawyer. The complainant may be represented by an authorised representative or assisted by a lawyer.

Defense Submission

Within six weeks from the date of dispatch of a copy of the complaint, the registered pilot may submit a defense, in writing by post or digitally, to the pilotage disciplinary board. The deadline may be extended by the chairman. Once the defense is received, the secretary sends a copy to the complainant.

The Hearing

The chairman determines the time and location for the oral hearing of the case. The secretary ensures timely publication of this information on the website of the pilotage disciplinary board and summons the petitioner and the registered pilot at least two weeks before the day of the hearing by registered mail.

The pilotage disciplinary board allows the registered pilot against whom the complaint is filedand their legal counsel at least two weeks before the hearing to review all documents relevant to the case.

The registered pilot against whom the complaint is filed is obliged to attend. If the registered pilot fails to appear at the hearing, the pilotage disciplinary board may request the public prosecutor to summon them. They are required to appear after summons. If the registered pilot fails to appear after summons, the public prosecutor, at the request of the pilotage disciplinary board, shall summon them, with an order for their appearance.

The pilotage disciplinary board may refuse individuals who are not lawyers as legal counsel or representatives at the hearing. In such a case, the pilotage disciplinary board adjourns the case to a subsequent hearing.

The hearing of the pilotage disciplinary board is public. For weighty reasons, the pilotage disciplinary board may order that the case (partially) be heard in closed session. The order must be justified.

Ex Officio or at the request of the registered pilot or the complainant, the pilotage disciplinary board may summon and hear witnesses and experts at the hearing. The secretary summons witnesses or experts by registered mail and, if they do not appear at the hearing, may request the public prosecutor to summon them. If the witness or expert fails to appear after summons, the public prosecutor, at the request of the pilotage disciplinary board, shall summon them, with an order for their appearance.

The secretary prepares a record of the proceedings at the hearing, which is signed by the chairman and the secretary.

Decision of the Disciplinary Board

The chairman of the pilotage disciplinary board determines the time and location for the public hearing in which the decision of the pilotage disciplinary board will be pronounced. The time and location are published on the website of the pilotage disciplinary board by the secretary.

If the registered pilot against whom the complaint is lodged does not appear at the hearing, the pilotage disciplinary board may render a default judgment.

The pilotage disciplinary board may declare a complaint well-founded without imposing a disciplinary measure. In the case of a wholly or partially well-founded complaint, the pilotage disciplinary board may also decide to impose a disciplinary measure, namely:

• a warning, a reprimand, a fine of up to 22,500 euros, suspension or restriction of authority for a period of up to one year, definitive forfeiture or restriction of authority, an order to pay the costs reasonably incurred by the complainant in connection with the handling of the complaint;
• an order to pay other costs incurred in connection with the handling of the disciplinary case; a fine and suspension or restriction of authority may be imposed (partly) conditionally.

The decision of the pilotage disciplinary board is based on sound reasoning. A copy of the written decision is promptly sent by the secretary by registered mail to the registered pilot, the complainant, and to the general council of the Dutch pilot corporation. The secretary publishes an anonymised copy of the written decision on the website of the pilotage disciplinary board.

An appeal against a decision of the pilotage disciplinary board can be lodged with the Administrative Jurisdiction Division of the Council of State within six weeks from the date of dispatch of the written decision:

• by the registered pilot if the complaint is wholly or partially upheld; by the complainant;
• by the general council the Dutch pilot corporation.

 

Execution of Disciplinary Measures

Disciplinary measures of a fine of up to 22,500 euros, suspension or restriction of authority for a period of up to one year, definitive forfeiture or restriction of authority, an order to pay the costs reasonably incurred by the complainant in connection with the handling of the complaint, or an order to pay other costs incurred in connection with the handling of the disciplinary case, can only be enforced after the decision has become final.