Sailing up the Seine towards Rouen under pilotage, a bulk carrier touches bottom on a shoal and damages its hull. The shipowner considers that the pilot gave a helm order too late. The hull insurer pays for the repairs and looks for a recourse. Against whom?
The pilot is not liable to third parties
French law protects the pilot: he or she is not liable to third parties for damage caused during pilotage (Article L. 5341-11 of the French Transport Code). The damaged quay, the ship struck or the operator of an installation must proceed against the shipowner of the piloted ship, which retains command of its vessel. The pilot advises; the master commands.
A limited contribution towards the shipowner
As between pilot and shipowner, the pilot contributes to the compensation if the shipowner proves that the damage was caused by the pilot’s fault (Article L. 5341-11 of the Transport Code). In practice, that contribution is capped: the pilot provides a security bond (Article L. 5341-13 of the Transport Code) and may, by surrendering it, escape civil liability (Article L. 5341-14 of the Transport Code). The exception, strictly defined by the text, covers only the pilot’s most serious fault; where the stakes exceed the bond, the debate centres on how the fault is characterised. The bond is charged by way of preference with payment of judgments given against the pilot (Article L. 5341-15 of the Transport Code).
The financial stakes are therefore limited, save for the fault excepted by the text. An action against the pilot is mainly of interest where the pilot’s fault partly exonerates the shipowner in another dispute, or where the insurer has to choose between its recourses.
Accidents to the pilot and the pilot boat
The text also covers the reverse situation. Accidents suffered by the pilot during pilotage or while boarding are borne by the shipowner, unless caused by the fault of the pilot or of the pilot boat’s crew; damage to the pilot boat is borne by the shipowner, unless caused by the pilot’s gross fault (Article L. 5341-12 of the Transport Code).
A two-year time limit
An action arising out of pilotage is time-barred two years after completion of the pilotage operations (Article L. 5341-17 of the Transport Code). This time limit runs alongside those applying to the shipowner’s other recourses, which may be shorter.
What the firm checks first
- How roles were divided between master and pilot at the time of the incident.
- The bridge recordings and communications with the pilot station.
- The seriousness of the alleged fault, in light of the exception in Article L. 5341-14.
- The amount of the security bond.
- The starting point of the two-year time limit.
For the firm’s services, see Collision and Maritime litigation.
Further reading
- Damage during harbour towage: who pays, the tug or the towed ship?
- Collision at sea or in port: who is liable, what evidence to gather, what time limit applies
- Hull insurance: challenging a refusal of cover
This analysis is part of the firm’s work in maritime law.
Frequently asked questions
Can a third party sue the pilot directly?
No. The pilot is not liable to third parties for damage caused during pilotage (Article L. 5341-11 of the Transport Code).
Can the shipowner recover full compensation from a pilot at fault?
In principle, no: the pilot may escape liability by surrendering the security bond, except for the most serious fault excepted by the text (Article L. 5341-14 of the Transport Code).
What is the time limit for bringing an action?
Two years from completion of the pilotage operations (Article L. 5341-17 of the Transport Code).