Statewide Board of Review
During the 2004 Regular Session of the Louisiana Legislature, the Board of Louisiana River Pilot Review and Oversight was created. The first ever statewide board is slated to go into effect in January 1, 2005. The new board will consist of four pilot representatives – one from each pilot association, four industry representatives, and three retired judges. The four industry representatives will be chosen as follows: two members chosen from a list of four nominees presented jointly by the Louisiana Association of Business and Industry, the Louisiana Chemical Association, the Louisiana Farm Bureau Federation, and the Louisiana Mid-Continent Oil and Gas Association; two members chosen from a list of four nominees submitted by the Louisiana Ports Association. All of the appointees will be named by the Governor.

The new Board of Review is charged with reviewing the actions of boards of commissioners and boards of examiners relative to: rule making, accident investigation, drug testing, complaints against pilots, and complaints by pilots against commission action against them.

Board of River Pilot Commissioners
Each Mississippi River pilot association has a three-person Board of Commissioners, each is a licensed river pilot that is appointed by the Governor with Senate confirmation. The Board works to supply applicants to the Associations and to investigate accidents.

Investigate Accidents
A commissioned pilot must report all incidents to a Commissioner. The Commission is contacted when the situation is stabilized, generally less than 30 minutes after the occurrence. A Commissioner then determines the severity, contacts U.S. Coast Guard, and reports to the scene immediately. Interviews with the pilot, captain, mates on watch, quartermaster, and other witnesses are conducted. Information from bell books, engine bell loggers, course recorders, etc. is gathered and analyzed. An incident report is completed and submitted under the Commissioner’s direction. A post accident drug/alcohol test is performed. Results are compiled and findings of fact and conclusions are completed. Pilots can be exonerated, fined, suspended or recommended for revocation of commission. Commission findings and recommendations for penalties are subject to final review and approval by the Governor.
Oversight Board or Board of Review
The Oversight Board is a result of a National Transportation Safety Board recommendation and works to oversee the actions of the Commission. The Oversight Board meets quarterly and can also meet whenever necessary. The Crescent Board is comprised of the Board of Commissioners and two individuals who are nominated by the Dockboard, Port of New Orleans, and approved by the Governor. Similarly, the Bar and NOBRA Pilots’ Oversight Boards consist of three pilots and two non-pilots. The Lake Charles Association does not have an Oversight Board.

Oversight Board
The Oversight Board is the forum for complaints against pilots. The Board adheres to the Administrative Procedures Act in their proceedings. A report of all casualties is filed annually with the Louisiana Department of Transportation. The Governor has ultimate authority concerning state commissioners. The U.S. Coast Guard/NTSB do not intervene in the normal activities of the Commission or Oversight Board. However, in a casualty situation, their input and recommendations are always welcomed. Case law: Soriano and Dietz support the authority of the Commission, not the U.S. Coast Guard, over state pilots piloting on their commission. However, it is the policy of the Commission that a pilot must maintain a valid federal license at all times. The U.S. Coast Guard also maintains authority to assess civil penalties under the Motorboat Safety Act.

Liaison with U.S. Coast Guard/NTSB
The Commission works closely with the local U.S. Coast Guard MSO (Marine Safety Office), providing information on casualties and vessel deficiencies. During the NTSB investigation of the M/V Atticos collision, the Commission assisted the NTSB and was granted representation on the panel of investigators, another industry first. Today a member of the Commission serves as technical advisor to the NTSB when requested.

Solutions
The present commission system has worked well, producing an impressive safety record; efficient, unrestrictive vessel movement; cooperation with state and federal agencies; and a willingness to adjust to the dynamics of the industry. However, there is always room for improvement. The Commission is willing and eager to meet with our critics, address their concerns, and strive for excellence.

Lake Charles Review Board
The Lake Charles Pilots’ Association differs from the Mississippi groups in their review board. The Board of Pilot Commissioners and Examiners for Calcasieu Parish oversees the pilots. An independent review board, it is made up of an industrial representative, a businessman and a pilot, all of whom are appointed by the governor.