Service terms for pilotage

Please note! There have been changes to Finnpilot’s Terms of Service from September 1, 2023. Read the press release >> 

SERVICE TERMS AND CONDITIONS FOR PILOTAGE

The general terms and conditions of pilotage services provided by Finnpilot Pilotage Ltd as of 1  September 2023.

1 PREFACE

Finnpilot Pilotage Ltd (hereinafter Finnpilot) provides its clients with pilotage services in all compulsory pilotage areas in Finnish waterways. The provision of pilotage services is based on the Pilotage Act which stipulates the compulsory use of a pilot, the tasks and responsibilities of pilots as well as the rights and responsibilities of the pilotage company.

2 APPLICATION AND VALIDITY OF THE SERVICE TERMS AND CONDITIONS

These service terms and conditions are applicable to pilotage services provided by Finnpilot in compulsory pilotage areas specified by the Finnish Transport and Communications Agency Traficom (hereinafter Traficom). The valid regulation on compulsory pilotage areas and pilot boarding areas is available from the public Finlex ® online service owned by the Ministry of Justice.

The valid service terms and conditions are published on Finnpilot’s website. These service terms and conditions are valid as of 1 September 2023. Finnpilot reserves the right to make changes to these service terms and conditions by announcing it on its website no later than one month prior to the changes entering into force.

3 APPLICABLE LAW

The interpretation of these service terms and conditions is governed by the currently valid Finnish laws.

4 PILOTAGE SERVICE AVAILABILITY

4.1. Service level and pilot dispatch areas

Pilotage services are provided 24 hours a day on every day of the year. The level of the service is measured by the waiting time for the pilot service. In the coastal waters, the waiting time is max three (3) hours and in the Saimaa waterways six (6) hours.

Finnpilot Pilotage Ltd provides pilot services for all vessels requiring pilotage. Pilotage resources are proportioned to correspond with regular traffic.

Pilotage services are provided in all compulsory pilotage areas in Finnish waterways. Compulsory pilotage fairways were increased by the regulation on pilotage obligations and related procedures in Finnish waters issued on the basis of the Pilotage Act (561/2023). When an added fairway or part thereof is an alternative to a previously compulsory pilotage fairway or part thereof, the pilot makes the decision on the use of the fairway or part thereof.

If the person responsible for the navigation and manoeuvring of a vessel holds a Pilot Exemption Certificate (PEC), the vessel shall receive pilotage services when needed, but in the event of delays in the availability of the service, the vessel is not entitled to pilotage fee reductions as specified in section 4.2.4. A shipmaster sailing with a PEC shall make a pilotage request in accordance with the service terms and conditions as stated in sections 4.2.1.–4.2.2.

Finnpilot’s Pilot Dispatch Areas are geographically as follows:

1. Bay of Bothnia
2. Bothnian Sea
3. Archipelago Sea
4. Hanko and Helsinki
5. Emäsalo
6. Kotka
7. Saimaa

The Pilot Dispatch Centre’s contact information for the purpose of providing advance information and ordering pilotage services can be found on Finnpilot’s website.

All matters relating to the pilotage services and dispatch are stored in Finnpilot’s ERP system.

4.1.1 Conformance to requirements and safety of piloted vessels

Pilotage service availability during the validity of the assistance restrictions

The characteristics of vessels, such as loads on structures and machinery in ice conditions, and the capability of vessels to navigate in ice, are important for the safety of winter navigation. The ice class regulations issued by the Finnish Transport and Communications Agency Traficom aim to ensure that vessels in the Baltic Sea have sufficient capability to navigate in ice to maintain safe and efficient navigation year around to Finnish ports. More detailed instructions on the availability of pilotage services during the validity of the assistance restrictions are given in Appendix 1.

Conformance to recommendation on pilot transfer arrangements

Embarkation and disembarkation of pilots is safe only when the pilot transfer arrangements conform to international regulations. The pilot shall not board a vessel with unsafe pilot embarkation arrangements or disembark a vessel with unsafe pilot disembarkation arrangements. More detailed information about situations in which the pilot transfer arrangements do not conform to requirements is depicted in Appendix 2.

Use of floodlights in the Saimaa region

More information on the use and availability of floodlights on vessels navigating the Saimaa channel and the Lake Saimaa region is given in Appendix 3.

Smoking on the bridge of a piloted vessel

According to Finnish law, smoking is prohibited in the indoor areas of buildings, vehicles or similar places that are accessible to the public or employees or accessible to clients for the purpose of providing commercial or public services. Finnish law does not apply to vessels sailing under a foreign flag, but Finnpilot Pilotage Ltd recommends that Finnpilot personnel not be exposed to tobacco smoke while working on a vessel.

4.1.2 Safe channel depth

The instructions published by the Finnish Transport and Communications Agency Traficom, namely “Principles and application of channel depths in Finland”, take into account both the current water level system and the new N2000 system. The instructions should be applied regardless of the reference level of the chart used. In the instructions, the term channel depth is replaced by the term design draught. Design draught means the planned draught at which the design vessel can use the channel under normal conditions, but which can be deviated from as conditions allow.

Finnpilot has given more detailed instructions on the assessment of the safe draught for piloted vessels looking to travel along piloted fairways with a static draught that is greater than the design draught. The assessment of the safe static draught takes into account the prevailing water level and prevailing conditions. The instructions also include the disclosure of information related to the determination of safe depth to Finnpilot. The procedures are described in Appendix 4. Finnpilot’s calculations are carried out using the squat calculator of the Finnish Transport Infrastructure Agency, which can be found on the Agency’s website (https://vayla.fi/en/service-providers/merchant-shipping/navigating).

4.2 Provision of advance information and ordering of pilotage services

4.2.1 Vessels arriving at Finnish ports

Advance notification

The vessel agent or crew shall provide the Pilot Dispatch Centre with advance notification 24 hours and 12 hours prior to the vessel’s arrival at the pilot boarding position. The vessel’s estimated time of departure from the port must also be stated in connection with the advance notification.

Vessel agents provide the Pilot Dispatch Centre with weekly lists of vessels arriving at ports and changes to the information given in the advance notifications. If there is a change of more than two hours (2 h) in the arrival time given in the advance notification, the Pilot Dispatch Centre must be informed of the change without delay. If the vessel’s port call is cancelled, the Pilot Dispatch Centre must be immediately notified of the change.

Advance notifications and changes to the information given therein can be provided via Pilot Online, the Port Activity App, or by e-mail or telephone.

If a vessel requests a pilot in a location other than an official pilot boarding position or port (e.g. anchorage), the vessel agent or crew shall inform the Pilot Dispatch Centre of its plan one week in advance. The notification is made by e-mail. Finnpilot Pilotage Ltd reserves the right to either reject or accept the plan. If the plan is implemented, the client shall provide safe transportation of the pilot to and from the vessel at its own expense.

Pilotage requests

The vessel agent or crew shall submit a binding pilotage request to the Pilot Dispatch Centre via Pilot Online, the Port Activity App, or by e-mail or telephone three (3) hours before the vessel arrives at the pilot boarding position.

If not all information was given in the advance information, any missing information must be supplied when placing the actual order in order for the pilot request to be accepted.

A pilot order for the Saimaa Canal must be made 14 days prior to the arrival of the vessel at the pilot boarding position or the date when pilotage services will be needed. A vessel or vessel agent operating in the internal traffic in Saimaa waterways must submit the pilot order 14 days prior to the need for pilotage services.

4.2.2. Vessels departing from Finnish ports

Advance notification

The vessel agent or crew shall provide the Pilot Dispatch Centre with advance notification 12 hours and 6 hours prior to the vessel’s departure from the port. If there is a change of more than two hours (2 h) in the departure time given in the advance notification, the Pilot Dispatch Centre must be informed of the change without delay. If the vessel’s port call is cancelled, the Pilot Dispatch Centre must be immediately notified of the change.

Advance information and changes thereto can be provided via Pilot Online, the Port Activity App, or by e-mail or telephone.

Pilotage requests

The vessel agent or crew shall submit a binding pilotage request to the Pilot Dispatch Centre via Pilot Online, the Port Activity App, or by e-mail or telephone two (2) hours before the vessel is due to depart from the port. As exceptions to this, vessels departing from the Port of Kilpilahti (Sköldvik) shall submit the pilotage request three (3) hours and vessels departing from the port of Hanko one (1) hour before departure.

The Pilot Dispatch Centre sends a confirmation of the request using the same communication channel through which the advance notification was provided or the binding pilotage request was made. Orders by telephone are not confirmed separately after the call.

If not all information was given in the advance information, any missing information must be supplied when placing the actual order in order for the pilot request to be accepted.

4.2.3. Consequences for failure to submit information

The functioning and flexibility of the pilotage services are based on adequate advance information about future pilotage needs concerning specific pilotage areas and pilot stations. On the basis of the advance information, Finnpilot assigns its staff to different pilotage commissions made through the Pilot Dispatch Centre. If the client fails to provide the information specified in these service terms and conditions (sections 4.2.1.–4.2.2.), in the manner required or in accordance with the specified timetables, Finnpilot is not obliged to provide that client with the requested pilotage service within the desired timeframe. In such cases, the client is not entitled to pilotage fee reductions due to delays.

Finnpilot monitors the submission of advance information and reports any observed deficiencies to the authorities.

4.2.4. Pilotage fee reductions

The pilotage service client is responsible for ensuring that all advance information, as specified in sections 4.2.1. and 4.2.2., and request timetables are strictly followed.

If the pilotage service cannot be delivered even though the advance notification was provided and the order made appropriately, the client is entitled to pilotage fee reductions. The pilotage fee reduction is based on the duration of the delay in the pilotage service as follows:

In coastal areas

• a wait of more than three but no more than six hours from the vessel’s arrival/departure, as notified by the client, shall entitle the client to a fee reduction of 8% of the standard pilotage fee.
• a wait of more than six hours from the vessel’s arrival/departure, as notified by the client, shall entitle the client to a fee reduction of 16 per cent of the standard pilotage fee.

In the Saimaa region

• a wait of more than six but no more than nine hours from the vessel’s arrival/departure, as notified by the client, shall entitle the client to a fee reduction of 8% of the standard pilotage fee.
• a wait of more than nine hours from the vessel’s arrival/departure, as notified by the client, shall entitle the client to a fee reduction of 16 per cent of the standard pilotage fee.

In chained pilotage assignments in the Saimaa region, the fee reduction is given for all pilotage assignments in the chain.

Example: The vessel agent has complied with the deadlines for providing advance information (12 and 6 hours prior to vessel departure). The vessel is due to depart on Tuesday at 6 p.m., the 12 h advance notification has been given on Tuesday at 6 a.m. and the 6 h advance notification on Tuesday at 12 noon. The agent requests the pilot two hours before the vessel’s departure, that is, at 4 p.m. Despite all this, the pilot is not available to board the vessel until after 9 p.m. The client is, therefore, entitled to an 8% pilotage fee reduction.

4.3 Other pilotage-related services

PEC familiarisation voyages as intended by section 43 of the Pilotage Act can be ordered from the Pilot Dispatch Centre. Finnpilot also provides assessments for pilotage and PEC examinations as specified in the Pilotage Act. Valid information on ordering assessments related to the examination process can be found on Finnpilot’s website.

5 PILOTAGE FEES

In accordance with the Pilotage Act (561/2023), the Board of Directors at Finnpilot shall determine the unit price, the reduced unit price and other possible commission fees. A fee based on a lower unit price is charged for pilotage in the Saimaa Canal and the Saimaa waterways. The pilotage fees collected in the Saimaa waterways are at a level of 26 per cent of the pilotage fees in the coastal waters.

The fee is based on the tonnage of the vessel in question and the actual distance to be piloted. The pilotage fees are available on Finnpilot’s website.

5.1 Additional information to pilotage fees

Standby fee when the pilot has arrived at the vessel or pilot boarding position

If the pilot has arrived at the vessel or pilot boarding position as requested, but the pilotage does not get underway within an hour of the pilot’s arrival, the vessel shall be charged a standby fee until the pilotage begins or the pilot departs from the vessel or pilot boarding position. The standby fee in Finnish territorial waters is EUR 500 for each new hour beyond the initial hour. The standby fee in the Saimaa Canal and Saimaa waterways is EUR 250 for each new hour.

Standby fee by the client’s request

Upon the request of the client, it is possible for the pilot to wait on the vessel for the next pilotage assignment or for disembarkation from the vessel. The pilot’s waiting time aboard the vessel is always agreed on in advance. The possibility for this must be inquired about from the Pilot Dispatch Centre. Finnpilot decides whether or not pilots may wait aboard a vessel on a case-by-case basis. The standby fee for waiting aboard the vessel as per client request is EUR 250 for each new hour.

Example of a situation in which a pilot is asked to wait aboard by the client’s request: It is well known that due to high winds, for example, a pilot will not be able to disembark a departing vessel at the specified pilot boarding position. In this case, Finnpilot and the client can jointly agree that the pilot will remain on the vessel until the next port and Finnpilot will invoice a fee of 250 euro for each new hour beyond the ordered pilotage period.

Fee for changing pilotage order

If the order is not being cancelled, but the binding order for pilotage services is changed after the actual ordering time has expired (incoming vessel 3 h and departing vessel 2 h, excluding Emäsalo 3 h and Hanko 1 h), Finnpilot will charge a transfer fee of EUR 500 in Finland’s territorial waters. In the Saimaa Canal and Saimaa waterways, the fee is EUR 250.

Cancellation fee

If the client or a representative of the client cancels pilotage after the pilot ordering time has expired (incoming vessel 3 h and departing vessel 2 h, excluding Emäsalo 3 h and Hanko 1 h), the vessel will be charged a waiting fee of at least two hours. A minimum cancellation fee of EUR 1,000 will be charged within Finnish territorial waters and a minimum of EUR 500 in the Saimaa Canal and Saimaa waterways.

Increased basic fees

When two pilots pilot the vessel, either according to section 22 of the Pilotage Act or by request, an increased fee of 75 per cent in addition to the basic rate shall be charged.

Pilotage fees for a vessel combination and stock flatboat/float

A pilotage fee shall be charged for the combined tonnage of a tugboat or pusher, and the ship, vessel, barge or similar being towed or pushed, or for an integrated tug barge combination. The pilotage fee for a stock flatboat/float is also determined by tonnage, but the tonnage is understood to be half of the number of cubic metres.

6 FINNPILOT’S LIABILITY

By providing the first notification to the Pilot Dispatch Centre, as specified in the service terms and conditions, the client accepts Finnpilot’s service terms and conditions. Finnpilot’s liability in terms of pilotage is regulated separately by the Pilotage Act. According to the Act, the maximum amount of liability to compensate for damages caused by pilotage operations is no more than EUR 100,000 per occurrence of damage. Liability for damages requires that the damage be caused intentionally or through gross negligence with the knowledge that such damage would likely be inflicted.

Finnpilot is not liable for any direct or indirect damages incurred by the provision of the pilotage services as specified in these terms and conditions.

7 RELEASE FROM LIABILITY

Finnpilot shall be released from any obligations and liabilities specified in these service terms and conditions if a violation of or failure to fulfil the obligations is based on a force majeure. A force majeure is any unusual event which Finnpilot could not have anticipated in advance, which is beyond the control of Finnpilot, or the impact of which could not reasonably have been avoided or prevented. Such an event could be, for example, war, legal provisions or the regulations of authorities, natural catastrophes, weather or ice conditions, an interruption of general traffic, data communications or energy distribution, a breakdown of transport facilities related to pilotage services, labour disputes, fire or other unusual reason that has a similar impact and is beyond the control of Finnpilot.

8 SETTLEMENT OF DISPUTES

Any disputes arising from the provision of the pilotage service as specified in these service terms and conditions shall be settled by the District Court of Helsinki.

APPENDICES TO THE SERVICE TERMS AND CONDITIONS

APPENDIX 1 Pilotage when assistance restrictions are in effect

Ice class regulations ensure the safety and fluency of winter navigation

The characteristics of ships, such as loads on structures and machinery in ice conditions, and the ability of ships to navigate in ice, are important for the safety of winter navigation. The ice class regulations issued by the Finnish Transport and Communications Agency aim to ensure that vessels in the Baltic Sea have sufficient capability to navigate in ice to maintain safe and efficient navigation year around to Finnish ports.

The Finnish Transport Infrastructure Agency has created winter shipping guidelines in co-operation with industry, shipping companies, charterers, seafarers, icebreakers, pilots and vessel traffic services.  Stakeholders bear their share of responsibility for Finnish winter navigation and endeavour to carry out their import and export shipments using modern vessels with sufficient engine power, quality ice navigation capabilities and competent crews.

When the ice situation becomes more difficult, the Finnish Transport Infrastructure Agency imposes restrictions on icebreaking assistance if necessary for safety reasons and the functioning of the traffic system.

Pilotage during the validity of the assistance restrictions

According to section 23 of the Pilotage Act, pilots must refuse to pilot a ship or abort pilotage if they consider that starting or continuing the voyage endangers the safety of the piloted ship, the person on board, other vessel traffic or the environment. The pilot may, on the basis of the above-mentioned grounds, refuse to pilot the vessel in winter conditions if the vessel does not have an ice classification in accordance with the assistance restrictions or does not fulfil them on the basis of, for example, its draught, or does not have an exemption granted by the Finnish Transport Infrastructure Agency.

In order to receive pilotage services, a vessel that is not eligible for icebreaking assistance must present Finnpilot with a plan that will ensure the safe movement of the ship through ice.  This plan shall include a plan for the safe movement of the ship through an (assistance-restricted IC) area, taking into account the prevailing ice situation, the characteristics of the tugboat to be used for assistance and possible restrictions on the traffic area. When assessing the plan, Finnpilot requires that the equipment necessary for the steering and energy production of the ship are fully operational when the pilotage starts, and that the hull, engine power, equipment and manning of the ship are such that safety is not jeopardised in the prevailing ice conditions. Based on all of the above, Finnpilot will evaluate the proposed plan and decide whether pilotage can be carried out in accordance with the Pilotage Act.

APPENDIX 2: Embarkation and disembarkation of pilots

Embarkation and disembarkation of pilots

To ensure safe embarkation and disembarkation of its pilots, Finnpilot Pilotage Ltd gives an amendment to the company Service terms and conditions. The purpose of this amendment is to provide the basic safety requirements for the pilots, pilot boats and the shipmasters to be followed. If the described safe practice in the boarding and landing of pilots by pilot boat is not followed, the pilotage service cannot be provided. However, these requirements on safe operating procedures can be adapted to suit particular locations or circumstances.

In adverse or difficult conditions where there is significant risk to personnel or the pilot boat, the pilot boat operator will make the eventual decision whether to place the pilot boat alongside the ship or to abort the transfer. If conditions during the pilot embarkation are such that they create any risk of injury the attempt shall be abandoned. If the pilot considers the embarkation unsafe for any reason, he or she will not embark the ship until the risk factors have ceased to exist.

If the pilot ladder rigged on the vessel appears to be or is, clearly damaged, unsafe or rigged incorrectly, the pilot shall request the ship to replace or re-rig the ladder; or if necessary, refuse to board or disembark the vessel until a safe means of embarkation/disembarkation is provided. The pilot shall report formally all cases of pilot ladder nonconformity according to the company procedure and the report is further submitted to the Finnish Transport and Communications Agency Traficom (Port State Control authority in Finland).

Ships have a duty to rig their pilot ladders in accordance with The International Convention for Safety of Life at Sea (SOLAS) regulation / 23 and IMO resolution A 1045(27) as amended. A copy of the poster showing IMO requirements and IMPA recommendations – “Required Boarding Arrangements for PILOT” is included as an annex to this document.

Pilot transfer operations are not undertaken on ships that do not fully comply with transfer arrangements described above.

The Pilot shall not embark if there is nobody at the top of the ladder.

The ladder should be rigged and secured at the ship’s side or side door as near midships as practical, and on the parallel body of the ship, clear of all overboard discharges. The ladder has to be located so that the pilot boat can lean against the parallel mid-body of the ship from the whole of its length. All steps of the ladder must rest firmly against the ship’s side. If a list is unavoidable, the ladder should be rigged on the side opposite to the list, whilst always taking into account the need to make a sufficient lee.

During winter months in conditions where icing occurs special caution must be taken to ensure that the pilot ladders are maintained free of ice and the deck area is not slippery.

Pilot operations are not undertaken with ships that do not comply with the requirements described in this document. This amendment to Finnpilot Pilotage Service terms and conditions cannot prescribe the safe pilot transfer arrangements for every configuration or type of vessel construction. Hence, the safety of the pilot transfer in ships other than merchant ships e.g. naval ships and large yachts may be evaluated case-by-case.

APPENDIX 3: Availability and use of floodlights in the Saimaa region

SAIMAA CANAL AND LAKE SAIMAA – REQUIREMENTS FOR PILOTED VESSELS

To ensure safe navigation in Saimaa Canal and lake Saimaa area vessels are required to be fitted with two (2) fully operational searchlights OR one (1) fully operational searchlight and light projectors that show simultaneously both sides of the Canal banks during the whole transit.

Vessels’ lighting arrangements are inspected by the pilot in locks Juustila and Mälkiä. Inspection is made by comparing the vessels lighting arrangements to shore based reflectors. If pilot decides that vessels lighting arrangements are inefficient then the vessel is piloted by daylight only.

Vessels are also reminded that according to Finnish Pilotage Act pilot has always the right to request a helmsman. Saimaa area pilots strongly recommend that vessels should be fitted with riverpilot option to steer the vessel. 

APPENDIX 4: Finnpilot Pilotage Guidance for piloted vessels on the application of Under Keel Clearance

Requirements for piloted vessels 

Finnpilot Pilotage Ltd (Finnpilot) Under Keel Clearance (UKC) policy aims to ensure safe navigation in Finnish waterways and port areas. To ensure safe navigation in Finnish piloted waters, company’s UKC Policy is based on design draught information given by the Finnish Transport and Communication Agency (Traficom) or the Port Authority that owns the water area and stated in the ENCs. When calculating a safe draught for a piloted vessel, the water depth shall always be corrected with prevailing water level information.

If design draught information is not available on official ENC chart material, Finnpilot defines as a basis for the evaluation of safe draught (for the piloted vessels) a reference value from swept depth of water area and vessel’s intended static draught.

If the vessel’s arrival or departure draught exceeds the design draught or above-described safe draught, the master of the vessel is required to deliver following information to Finnpilot 24 hours prior to pilot order time. If this is not possible e.g. due to change in loading/discharging plans, information must be delivered to Finnpilot immediately when the information is available. This may affect the availability of pilotage service.

Information to be submitted to Finnpilot:

1. Calculation of vessels dynamic UKC to fairway part or port area when authorised draught is exceeded. Calculation should clearly state vessels minimum dynamic UKC which takes note to water level, weather conditions, external forces caused by e.g. tugboats, and changes in draught of a vessel due to vessel motion and manoeuvring in the water, etc.
2. Vessel’s route and manoeuvring plan. Route plan should state vessels planned speed and turning radius enroute in the area where requirements for authorised draught or safe draught is not met by the vessel. Manoeuvring plan should state ordered number of tugboats in harbour area.
3. Vessel’s stability information. Stability information should clearly state vessel’s Centre of Buoyancy (KB), Centre of Gravity (KG), Metacentric Height (GM) and block coefficient.
4. Company UKC Policy. Up-to-date UKC Policy of the Shipping Company shall be submitted. If there is no UKC Policy, this should be stated.

Information is to be delivered to the relevant pilot dispatch area via email. Form 1 (attached) can be used for reporting the information above.

In cases where the requirements for design draught as defined by Traficom or the safe draught as defined by Finnpilot are not met, the pilot will prior to commencing pilotage request the master of the vessel to confirm that he/she is aware of this fact and considers the draught to be safe for the vessel. When the pilot considers that vessel’s UKC causes an obvious risk of grounding the vessel will not be piloted.

FORM 1

Information related to calculation of vessels dynamic UKC

Vessel’s stability information

I (master of the vessel in concern) declare that the above information is correct and valid during the
pilotage _______________ (date) to/from the port of ________________________________ (name of the Port)

____________________________________

Signature