HB167 Alabama 2012 Session

Updated Feb 27, 2026

Notable

Summary

Primary Sponsor: Victor Gaston
Republican
Co-Sponsors: Chad Fincher Steve McMillan Jim Barton David Sessions
Session: Regular Session 2012
Title: Bar pilots, bond requirements, liability limited to $5,000 unless bar pilot grossly negligent, Sec. 33-4-40 am'd.
Summary: HB167 limits bar pilots' damages liability to $5,000 unless the pilot acted willfully, intentionally, or recklessly, and ties the rule to a specific group of self-employed pilots.
What This Bill Does
It amends the bond provision for bar pilots and sets a $5,000 liability cap for damages caused by a pilot's error, omission, fault, or neglect, with exceptions for willful, intentional, or reckless misconduct and for cases with punitive damages where no other party is liable. It keeps the bond records on file and allows new bonds to be required. It applies only if bar pilots are self-employed independent contractors and there are no more than 20 active pilots. It clarifies that vessels and their owners/crews can still be liable under other grounds, and courts must limit the pilot's liability to $5,000 when other claims are involved; it takes effect immediately.

Who It Affects
Bar pilots who are self-employed independent contractors (up to 20 active pilots) — their liability for damages is capped at $5,000, unless the damage results from willful, intentional, or reckless misconduct, and they must maintain bonds as required.
People or entities damaged by a pilot's actions and vessel-related parties (such as vessel owners, crew, or operators) — remain potentially liable under other grounds; if other claims exist, the court reduces the pilot's liability to $5,000 and punitive damages rules may apply if no other party is liable.

Key Provisions
Pilot liability for damage or loss is capped at $5,000, unless willful, intentional, or reckless misconduct occurred.
Exemplary/punitive damages may be pursued only where no other person is jointly or severally liable.
The vessel, its crew, owner, charterer, or operator remain liable under other grounds for damages caused by the vessel or pilot's error.
If other claims are involved with the same act, courts must dismiss the pilot's liability claims beyond $5,000.
The act applies only if bar pilots are self-employed independent contractors and no more than 20 active pilots licensed by the State Pilotage Commission.
Bond records must be kept on file; new bonds can be required if deemed necessary.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Bar Pilots and Pilotage