Navigation Commission Matters
Representation Before the Commission
The Navigation Commission for the Delaware River and its Navigable Tributaries licenses the pilots who guide vessels on the Delaware River and its navigable tributaries within the Commonwealth. The Commission's regulations govern pilot qualifications and classes, annual renewal, drug testing, accident reporting and the conduct of pilots while in charge of a vessel.
Commission matters most often follow a marine casualty, a grounding, a collision, an allision with a pier or other structure, or a positive drug or alcohol test. Because pilots also hold federal credentials, a single incident may involve the Coast Guard, the Commission and the pilot's association at the same time.
Mimm Law, LLC represents pilots and apprentice pilots before the Commission, from the initial inquiry following an incident through hearing and final order.
Governing Law
- Commission
- Navigation Commission for the Delaware River and its Navigable Tributaries
- Statute
- Act of March 29, 1803, P.L. 542, as amended (55 P.S. § 31 et seq.), and related pilotage statutes
- Regulations
- 4 Pa. Code Chapters 401 to 409
- Licensees
- River pilots
- Renewal
- Annual (one-year license term)
Who the Commission Regulates
- Pilot's license, first through sixth class by vessel draft (the sixth class now covers vessels drawing up to 29 feet of water, under Act 39 of 2026)
- Apprentice pilot
Grounds for Discipline
Section 31 of the Act of March 29, 1803 authorizes the Commission to restrict, suspend or revoke a pilot's license, after notice and hearing, for:
- Illegal, incompetent or negligent conduct in piloting
- Failure to file required marine casualty reports
- Failure to obey the nautical rules of the road
- Inability to pilot safely because of physical illness or loss of motor skills
- Inability to pilot safely because of an emotional disorder or mental illness, including alcohol or drug abuse
- Violation of the pilotage statutes or the Commission's regulations
Sanctions the Commission May Impose
The Commission may impose, singly or in combination, a letter of reprimand, censure, probation with conditions such as education or treatment, a fine of up to $1,000, suspension or revocation. The Commission may also temporarily suspend a license without a hearing for an immediate and clear danger; a preliminary hearing must be held within 30 days, and the suspension may not exceed 180 days. For misconduct, negligence or incapacity the Commission may fine a pilot up to the amount of the pilotage of the damaged vessel or suspend for any term, and unlicensed piloting carries a civil penalty of up to twice the pilotage and criminal penalties. The Commission's regulations impose at least a one-year suspension for a first offense of intoxication while in charge of a vessel and permanent revocation for a second.
Obligations That Often Lead to Commission Matters
Accident Reporting
Deaths, collisions, groundings and oil spills must be reported by telephone within 24 hours, and a written report of qualifying marine casualties must be filed within 5 days.
Annual Renewal
Renewal requires a recent physical examination, compliance with federal random drug testing, current radar observer and bridge resource management training, a surety bond and an active federal first-class pilot license. A pilot must also have piloted at least 52 vessels in the preceding license period unless waived, and a first-class pilot must have completed 40 hours of Commission-approved continuing education in the preceding five years.
Drug and Alcohol Testing
Pilots must participate in a random drug testing program that meets Coast Guard standards, and the testing agency must report any positive result to the Commission immediately. Intoxication while in charge of a vessel carries mandatory suspension or revocation under the Commission's regulations.
Matters We Handle
- Marine casualties and incident investigations
- Fitness and medical qualification questions
- Compliance with pilotage rules and assignments
- Licensing and apprenticeship questions
- Criminal charges arising from a marine incident, and criminal history in apprentice applications
- Applications and reinstatement
How We Can Help
Commission Investigations
Upon receipt of a letter of inquiry, a subpoena or contact from an investigator, the firm evaluates the allegations, reviews the licensee's records, prepares a written response and attends any investigative interview. In some matters, an early, well-documented response may resolve the matter before formal charges are filed.
Formal Charges and Hearings
When the Commission begins formal disciplinary action, the time to respond is short, and a missed deadline can have serious consequences. The firm prepares the pilot's response, negotiates a resolution where one serves the client's interests, and tries the matter before the Commission where it does not.
Applications and Reinstatement
For applicants whose history may raise questions, and for licensees seeking reinstatement after suspension, revocation or lapse, the firm assembles the application and supporting record and presents the matter to the Commission.
Questions Licensees Ask
How does a Coast Guard investigation relate to a Commission matter?
They are separate proceedings, but they are linked: a pilot must report Coast Guard action against the federal license to the Commission within 14 days, and that action is itself a basis for Commission action on the state license. The Coast Guard may act on the pilot's federal credential, while the Commission acts on the state license. Statements given in one proceeding may be used in the other, so a pilot should obtain advice before being interviewed.
Does every marine casualty lead to discipline?
No. The Commission's concern is whether the pilot acted illegally, incompetently or negligently, or failed to follow the rules of the road or reporting requirements. A timely and accurate casualty report, supported by the vessel's records, is important evidence.
What happens after a positive drug or alcohol test?
The pilot faces both federal consequences and action by the Commission. Because the Commission's regulations prescribe minimum sanctions for intoxication, the circumstances of the test and the testing procedures should be reviewed promptly.
Meet Your Attorney
Steven A. Mimm, Esq.
Founder, Mimm Law, LLC. Admitted in Pennsylvania (2008) and New Jersey (2022).
From 2014 to 2022, Attorney Steven A. Mimm served as a prosecuting attorney bringing disciplinary actions on behalf of the Bureau of Professional and Occupational Affairs before Pennsylvania's licensing boards. That experience informs how the firm evaluates evidence, negotiates with the Commonwealth and prepares cases for hearing. Where a licensee also faces criminal charges, the firm handles the licensing matter and coordinates with the licensee's criminal defense counsel. Commission matters follow a different procedure from the BPOA boards, and the firm applies that experience to them.
Related: All Licensing Boards · Licensing and FAQs
Last reviewed September 2026. The information on this page is general in nature and is not legal advice. Contacting the firm does not create an attorney-client relationship.