Eligio María Suazo, president of the association, is convinced that the proposal of senators Félix Bautista and Alexis Victoria, in addition to being detrimental to the 29 pilots that make up the group, is contradictory to article 110 of the Magna Carta, where he speaks that the law is applied for the future, since it does not have a retroactive effect “except when it is favorable to the person who is subjudice or serving a sentence.”
“We are very concerned because in the maritime trade bill there are two articles that violate our acquired rights and violate the Constitution of the Republic, specifically in its article 110, on retroactivity of the law,” said the pilot, supported by the deputy Hedwig Baptist.
The two articles to which Sosa refers are 246, pilotage or pilotage of ports; and 247, on practical pilot.
Suazo wondered how it is possible that after 40 years they are treated, as if he were a beginner, to perform the function. It is in this sense “that we consider that what would be the retroactivity of the law is violated. Because we are subjected, despite so many years, to a regulation that is going to be created for a new entrant”.
He explained that despite the time they have, they are not recognized and worse yet, they will be subjected to the same regulations.
The National Association of Practical Port Pilots took the opportunity to call on President Luis Abinader to mediate in the situation.
Know what article 146 and 147 of the maritime trade bill say
Article 246.- Pilotage or pilotage of ports.
It is a public maritime safety service; which consists of advising and giving professional support to the captains of ships and floating artifacts, from the arrival area, anchorage or outer port, to the berth or site assigned to it and vice versa) in charge of the ships; Mandatory to all national or foreign vessels with fifty (50) or more gross registered tons (GRT), while navigating or performing maneuvers in the mandatory pilotage or pilotage zones and zones of port jurisdiction. (Accredited ports of the republic, their roadsteads, buoys, berths, in front of ports, anchorages, bays, special boarding terminals and open sea mooring buoy systems). Determined by the time of boarding and disembarking.
PARAGRAPH 1: The obligatory nature of the pilotage or pilotage service does not exempt the captains of ships from their responsibility and control in navigation, and the presence of the pilots on board must be considered as advisers to the captain, who may or may not accept the recommendations that are made to him.
Article 247- Practical pilot. Assistant and advisor to the captain of a vessel, who, with the knowledge and experience of the area, assists him in the entries, anchorages, navigation, docking, undocking, movements and departures of ships and, this will be appointed by the APORDOM under certification of the National Maritime Authority (Armada de República Dominicana), for all or certain national ports, upon recommendation of the National Regulatory Commission.
PARAGRAPH: The pilotage or pilotage rights officially established for such purposes will be paid even when the services of the practical pilot are not used.