Il nuovo sistema di responsabilità civile dei piloti marittimi

The law n. 230 of 1st December 2016 makes significant changes to port pilot liability regime. Indeed Italian Parliament repealed article 89 of the Code of navigation, and completely rewrote articles 93 and 94. Prior to new law, the pilot was liable only for damages caused to the ship. Furthermore local pilots Association had to guarantee the payment of part of the sum due. This guarantee disappears in the new framework, while the pilot will be held responsible to any damage caused to third parties, persons or property. The new law also establishes that the pilot cannot be forced to pay more than one million euros, except when loss or damages were caused by gross negligence or wilful misconduct. Finally, new article 94 requires each pilot to take out liability insurance at least for the same amount. This paper tries to explain the most important innovations introduced by the above mentioned new law, but also to report its many flaws, first of all the absolute inadequacy of the limit of one million euros, which will be applicable also in case of very serious claims.