Definition and legal classification of the inland pilot
An inland pilot is a person authorized to guide ships through difficult or particularly dangerous sections of inland waterways and to advise the captains. The work of an inland pilot differs from that of a maritime pilot in that it is exclusively performed on inland waters—i.e., rivers, canals, and inland lakes.
Legal basis for the use of inland pilots
Statutory regulations
The activities of inland pilots in Germany are regulated both in the Inland Waterways Act (BinSchG) as well as various Inland Waterway Ordinances (BinSchStrO) Additional regulations include regional rules, ordinances, and international agreements, particularly on major European waterways such as the Rhine, Danube, and Elbe.
Key legal foundations include:
- Inland Waterways Act (BinSchG)
- Inland Waterway Ordinances (BinSchStrO)
- Pilots Act (Sea and Inland Pilots Act) in the current versions of the federal states
- Ordinances of the Waterways and Shipping Authorities
Duties and obligations of the inland pilot
An inland pilot’s duty is to advise the captain on clearly defined inland waterway sections. His primary obligations include:
- Advising the captain regarding course selection, maneuvers, speed, and navigation under specific local conditions (e.g. dangerous bottlenecks, locks, or heavily trafficked sections)
- Warning of specific dangers in the relevant navigation area
- Instructing the captain on local regulations and practices
The legal responsibility for commanding the vessel always remains with the captain, unless national regulations provide for exceptions.
Liability of the inland pilot
The inland pilot is only liable for gross negligence according to statutory provisions. The liability rules for pilots are specifically regulated in German law (§ 22 BinSchG). In cases of damage occurring within the scope of piloting, the pilot’s personal liability is significantly limited provided he has acted within the scope of the statutory provisions.
Requirements for the office of inland pilot
Qualification and admission
The following prerequisites are required to exercise the office of inland pilot:
- Possession of an official certificate of competence for the relevant waterway (e.g. boatmaster’s license, corresponding license)
- Proof of many years of practical experience in the relevant navigation area
- Individual examinations as well as time-limited permits or renewals of pilot authorizations
- Physical and mental fitness (e.g. certificates of suitability, ophthalmological report)
The appointment and supervision of inland pilots is carried out by the competent authorities, generally the Waterways and Shipping Office.
Appointment and commissioning
Inland pilots are formally commissioned to carry out their duties on a specifically defined route or in a specific area. In many cases, regular continuing education and review of knowledge is required.
Organization and areas of operation of inland pilots
Availability and obligation to accept the inland pilot
Inland pilots are available on particularly difficult, dangerous, or heavily trafficked sections of waterways. Acceptance of the inland pilot is:
- Voluntary: In most cases, the captain can decide freely whether to request and take on a pilot.
- Mandatory: In certain areas, such as for special transports of dangerous goods, exceptionally large vessel units, or in extreme weather conditions, pilotage may be compulsory. The relevant regulations are regularly set by ordinances of the Waterways and Shipping Administration.
Pilot stations and organization
Inland pilots are organized in pilot stations. These ensure continuous availability in the relevant sections and coordinate the assignment of pilots to vessels. Some stretches are managed by private pilot associations, others by state-run pilot organizations.
International law and inland pilots in cross-border navigation
In the European context, legally harmonized rules exist for cross-border journeys, including through the European Agreement concerning the Work of Crews of Vessels in Inland Navigation (CDNI) and the authority of the Central Commission for the Navigation of the Rhine (CCNR). For the Danube, the provisions of the Danube Navigation Conference apply.
These regulations govern, among other things, the mutual recognition of certificates of competence, the assignment of pilot-mandatory sections, and the availability of qualified pilots.
Difference from the maritime pilot
The distinction from a maritime pilot arises from the navigation area. The inland pilot operates exclusively on inland waterways, while the maritime pilot works exclusively on maritime waterways and in German seaports. The legal basis for maritime pilots is regulated in the Maritime Pilot Act, and for inland pilots in the Inland Waterways Act.
Fee-related aspects
Fees may be charged for using an inland pilot, the amount of which is also determined by law or ordinance. The costs are regularly borne by the principal, usually the ship owner, shipping company, or freight forwarder.
Literaturhinweise und weiterführende Regelungen
For more in-depth legal information, the following sources provide a detailed introduction:
- Inland Waterways Act (BinSchG)
- Inland Waterway Ordinances (BinSchStrO)
- Sea and Inland Pilots Act (depending on federal state)
- Central Commission for the Navigation of the Rhine (CCNR), relevant regulations
- CDNI Agreement
Summary
The inland pilot plays a central role in ensuring the safety of inland navigation on German and European waterways. The activity is highly regulated by law and, in addition to professional qualifications, requires official authorization. The legal framework regulates, in addition to appointment, duties and responsibilities, also liability issues and fee-related aspects. Thus, the inland pilot makes a significant contribution to the safety and orderly conduct of inland navigation.
Frequently Asked Questions
What is the legal basis for the use of inland pilots in Germany?
The use of inland pilots in Germany is primarily governed by the Inland Waterways Task Act (BinSchAufgG) as well as by numerous associated ordinances, in particular the Inland Shipping Inspection Ordinance (BinSchUO) and various state pilot orders. In addition, provisions of international agreements, such as the Mannheim Act for the Rhine, are applicable. The statutory regulations define the navigational areas and waterways on which the carriage of a registered inland pilot is mandatory, for example on certain stretches with increased nautical complexity or particular risk potential. The legal provisions also set out responsibilities for the appointment, duties, and certification of inland pilots, as well as cooperation with the competent authorities, such as the water police, Waterways and Shipping Office, and transport associations. Implementation may differ from state to state, as supplementary state-specific regulations apply.
What legal qualification requirements must inland pilots fulfill?
Inland pilots are subject to special qualification requirements, which are essentially regulated by the Inland Waterways Task Act and the relevant pilot ordinance. In addition to a minimum age and a valid medical fitness certificate, applicants generally must have several years of nautical professional experience on the relevant waterway. The legal framework also requires successful completion of regional and general specialist examinations, covering both theoretical and practical knowledge, such as on currents, traffic regulations, or lock operation. The legal provisions also provide for regular further training as well as continuous assessment of fitness and ability to operate ships. For the acquisition and renewal of the certificate of competence, certain proofs are mandatory by law, such as uninterrupted active service or participation in prescribed training courses.
Who is legally liable in the event of an accident under the guidance of an inland pilot?
The allocation of liability in accidents involving an inland pilot is complex and is mainly governed by the Inland Waterways Act as well as relevant liability provisions in the Civil Code (BGB). In principle, responsibility for the vessel lies with the captain, even when advised by an inland pilot. The pilot has an advisory function, with special local expertise, and owes a duty of care in his recommendations. In the event of an accident, it is examined on a case-by-case basis who committed the decisive breach: If the captain acted negligently despite the pilot’s timely and correct warning, liability remains with the captain. However, if the pilot gave incorrect or incomplete instructions or breached his duty of care, civil and, under certain circumstances, even criminal liability may arise against him (or the pilot organization). In the case of damage, the provisions on statutory liability insurance often also apply.
What legal obligations does an inland pilot have during his activities?
During his work, the inland pilot is subject to comprehensive legal duties of care, neutrality, and confidentiality. The respective pilot regulations set out a range of requirements, including the duty to provide the captain with precise, timely, and professionally founded recommendations taking into account current traffic and environmental conditions. Legally, the pilot is obliged to observe all applicable regulations and safety provisions on the relevant waterway. If he fails to meet these obligations, professional sanctions, liability consequences, and even revocation of his license may result. Furthermore, inland pilots are required to avoid any conflict of interest and to keep confidential all information obtained in the course of duty, unless there is a compelling statutory duty of disclosure.
In which cases is an inland pilot legally mandatory?
The determination of pilotage requirements is based on statutory provisions, which are specified in the Inland Waterways Act and through specific regional regulations. The assignment of an inland pilot is mandatory in particular on heavily trafficked, especially difficult, or dangerous sections of waterways, such as on the Lower Rhine, the Elbe-Havel Canal, or for certain port approaches. The legal requirement can depend on the type of vessel, its dimensions, type of cargo (e.g. dangerous goods), water levels, and weather conditions. Violations of mandatory pilotage requirements are considered administrative offenses and can be penalized with substantial fines or navigation bans. The competent authorities conduct regular checks and inspections to ensure compliance with legal requirements.
What legal rules apply to the remuneration of inland pilots?
The remuneration and billing for the services of inland pilots is legally regulated by tariff provisions established by the responsible authority or pilot management. The foundations for this are generally set out in the Inland Shipping Traffic Regulations and special pilot ordinances. The tariffs include fixed sums or distance-based fees, which may vary depending on the difficulty of the stretch and the size of the vessel. The statutory provisions also regulate the billing modalities, the obligation to issue billing documents, and, where applicable, tax reporting and social security obligations. Violations of tariff and billing obligations can result in legal sanctions.
How are inland pilots legally appointed and dismissed?
The appointment of inland pilots is based on clearly defined legal procedures. Applicants must submit an application to the competent state or federal pilot authority and provide all evidence of qualification, health fitness, and professional experience. After passing the examination, the appointment is formally made by the authority and is documented by an official appointment certificate. The dismissal or removal of an inland pilot is also precisely regulated by law and can take place for various reasons, such as medical unfitness, serious breaches of duty, or after expiry of the fixed term of office. Appeals are possible against rejections or dismissals in administrative proceedings, thus ensuring effective legal protection.
