Chapter 20. Board for Branch Pilots Regulations
18VAC45-20-5. Definitions.
The words and terms used in this chapter have the following meanings unless the context requires a different meaning:
"Attempting to perform" means any time when a licensee has accepted an assignment to perform any of the duties of his office or job.
"Chemical test," except when applied to testing for the presence of alcohol, means any scientifically recognized test and analyses of an individual's breath, blood, urine, saliva, bodily fluids, hair or tissues for evidence of controlled substances listed in Schedules I - V of the Drug Control Act (§ 54.1-3400 et seq. of the Code of Virginia) or marijuana. The words "chemical test" as used in this chapter in connection with the testing for the presence of alcohol refers to a scientifically recognized test involving saliva or breath.
"Illegal drugs" includes (i) any controlled substance as that term is defined in the Drug Control Act at § 54.1-3401 of the Code of Virginia listed in Schedule I (§ 54.1-3446 of the Code of Virginia); (ii) those controlled substances illegally acquired listed from Schedules II - V (§§ 54.1-3448, 54.1-3450, 54.1-3452, and 54.1-3454 of the Code of Virginia, respectively); or (iii) marijuana. It is the intent of these regulations that in the event the contents of Schedules I - V of the Drug Control Act are changed, that these regulations incorporate such changes at the time those controlled substances are made a part of the Drug Control Act in Virginia.
"Medical review officer" or "MRO" means a Virginia licensed physician with a current valid certification from the American College of Occupational and Environmental Medicine or the American Association of Medical Review Officers whose duties, authorities and responsibilities are delineated by these organizations.
"On duty" means the period of time the licensee is available to receive orders for an assignment.
Statutory Authority
§ 54.1-902 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 17, Issue 7, eff. February 1, 2001; amended, Virginia Register Volume 29, Issue 4, eff. December 1, 2012; filed as final, Virginia Register Volume 38, Issue 4; withdrawn from VAC by Board, Virginia Register Volume 38, Issue 11.
18VAC45-20-10. Initial licensing.
A. Any person wishing to obtain a license as a limited branch pilot shall meet the following qualifications:
1. Satisfactorily complete a two-year apprenticeship in a program approved by the board;
2. Satisfactorily complete a comprehensive examination that shall be approved by the board and administered by the examining committee of the board. The examination shall be in two parts:
a. Written; and
b. Practical oral examination;
3. Comply with the board's regulations and Chapter 9 (§ 54.1-900 et seq.) of Title 54.1 of the Code of Virginia;
4. Furnish to the board evidence of a satisfactory physical examination conducted within the immediately preceding 60 days. This examination shall include the chemical tests referred to in 18VAC45-20-5;
5. Notify the board of any chronic or acute physical or mental condition; and
6. Pay a nonrefundable licensing fee of $60 to the Treasurer of Virginia.
B. Any limited branch pilot wishing to obtain a full branch pilot license shall meet the following qualifications:
1. Satisfactorily complete a five-year apprenticeship in a program approved by the board;
2. Hold a limited branch pilot license in good standing;
3. Pass a practical examination approved by the board and administered by the board's examining committee;
4. Possess a valid unlimited Federal Inland Masters credential with First Class Pilot endorsement issued by the U.S. Coast Guard, which shall include radar observer endorsement, for waters of the Commonwealth. A copy of this credential shall be submitted to the board;
5. Qualify in accordance with § 54.1-905 of the Code of Virginia; and
6. Pay a nonrefundable licensing fee of $60 to the Treasurer of Virginia.
Statutory Authority
§ 54.1-902 of the Code of Virginia.
Historical Notes
Derived from VR535-01-01 § 1.1, eff. November 30, 1989; amended, Virginia Register Volume 7, Issue 5, eff. January 3, 1991; Volume 10, Issue 20, eff. July 28, 1994; Volume 15, Issue 9 eff. March 1, 1999; Volume 17, Issue 7, eff. February 1, 2001; Volume 23, Issue 9, eff. March 1, 2007; Volume 29, Issue 4, eff. December 1, 2012; Volume 42, Issue 7, eff. December 17, 2025.
18VAC45-20-20. License renewal.
A. Each branch pilot seeking license renewal shall complete a renewal application, comply with the provisions of this section, and appear before the board or the board's license renewal committee, which shall determine if the branch pilot possesses the qualifications to be renewed.
B. Any limited branch pilot seeking license renewal shall meet the following standards:
1. Furnish to the board evidence of a satisfactory physical examination conducted within the immediately preceding 60 days. If the branch pilot has not been subject to random chemical testing during the preceding 24 months, then this examination shall include the chemical tests referred to in 18VAC45-20-50;
2. Furnish to the board evidence that the branch pilot has transited the waters embraced by the branch pilot's license during the preceding 12 months;
3. After three years of licensure as a limited branch pilot, possess a valid First Class Pilot endorsement, with radar observer endorsement, issued by the U.S. Coast Guard for waters of the Commonwealth; and
4. Pay a nonrefundable license renewal fee of $60 to the Treasurer of Virginia.
C. Any full branch pilot seeking license renewal shall meet the following standards:
1. Possess a valid unlimited Federal Inland Masters credential with First Class Pilot endorsement, with radar observer endorsement, issued by the U.S. Coast Guard for waters of the Commonwealth;
2. Furnish to the board evidence of a satisfactory physical examination conducted within the immediately preceding 60 days. If the branch pilot has not been subject to random chemical testing during the preceding 24 months, then this examination shall include the chemical tests referred to in 18VAC45-20-50;
3. Furnish to the board evidence that the branch pilot has transited the waters embraced by the branch pilot's license during the preceding 12 months, and that the branch pilot has piloted 12 or more ships during that time, at least six trips as a pilot within the first six months of the calendar year and six trips as a pilot within the last six months of the calendar year. Upon the showing of good cause, the board may waive the requirements of this subdivision when, in its judgment, the pilot is otherwise qualified;
4. Qualify in accordance with § 54.1-906 of the Code of Virginia; and
5. Pay a nonrefundable license renewal fee of $60 to the Treasurer of Virginia.
Statutory Authority
§ 54.1-902 of the Code of Virginia.
Historical Notes
Derived from VR535-01-01 § 2.1, eff. November 30, 1989; amended, Virginia Register Volume 7, Issue 5, eff. January 3, 1991; Volume 10, Issue 20, eff. July 28, 1994; Volume 15, Issue 9, eff. March 1, 1999; Volume 17, Issue 7, eff. February 1, 2001; Volume 23, Issue 9, eff. March 1, 2007; Volume 29, Issue 4, eff. December 1, 2012; Volume 42, Issue 7, eff. December 17, 2025.
18VAC45-20-30. Change of license.
In order to extend a license, an applicant shall satisfactorily complete 12 or more round trips with a currently licensed pilot of the branch for which the applicant seeks licensure, receive a First Class Pilot endorsement issued by the U.S. Coast Guard, if applicable, for that additional area, and pass a practical examination approved by the board and administered by the board's examination committee.
Branch pilots who have a full branch license from Sea to Wolf Trap qualify to sit for a practical examination approved by the board and administered by the board's examination committee for the waters of Chesapeake Bay from Wolf Trap to Smith Point. Upon successful completion of the examination, the branch pilot obtains a full branch license from Wolf Trap to Smith Point and no additional Federal First Class Pilot endorsement is required.
Statutory Authority
§ 54.1-902 of the Code of Virginia.
Historical Notes
Derived from VR535-01-01 § 3.1, eff. November 30, 1989; amended, Virginia Register Volume 42, Issue 7, eff. December 17, 2025.
18VAC45-20-40. Grounds for denial of licensure, denial of renewal, or discipline.
The board shall have the authority to deny initial licensure, deny an extension of license, or deny renewal as well as to discipline existing licensees, whether limited or not, for the following reasons:
1. Having been convicted or found guilty, regardless of adjudication, in any jurisdiction of the United States of any felony or a misdemeanor involving fraudulent or dishonest acts or any alcohol-related or drug-related offense, there being no appeal pending therefrom or the time for appeal having elapsed.
Any plea of nolo contendere shall be considered a conviction for the purposes of this subdivision. The record of a conviction certified or authenticated in such form as to be admissible in evidence of the laws of the jurisdiction where convicted shall be admissible as prima facie evidence of such conviction.
2. Failing to inform the board in writing within seven calendar days of pleading guilty or nolo contendere or being convicted or found guilty of any felony or of a misdemeanor involving fraudulent or dishonest acts or any alcohol-related or drug-related offense.
3. Failing to report to the board in writing any reports of the National Transportation Safety Board involving the licensee or the results of any disciplinary action taken by the U.S. Coast Guard against the licensee within seven calendar days of that report or action.
4. Refusing or in any other way failing to carry out an order from the pilot officers for reasons other than the public health, safety, or welfare.
5. Negligence or misconduct in the performance of duties.
6. Violating or cooperating with others in violating any provision of Chapter 9 (§ 54.1-900 et seq.) of Title 54.1 of the Code of Virginia or any regulation of the board.
7. Failing to immediately file with the president or vice president of the board, with a copy to the board administrator, a complete written account of any violation of the statutes of Virginia or of the United States relating to pilotage or failing to report in writing to the president or vice president of the board, with a copy to the board administrator, an account of all collisions, groundings, or other maritime mishaps of any description that may occur during the discharge of the pilot's duties. This report shall be received no later than seven days after such an incident.
8. Failing to report to the board any physical or mental condition that may affect the licensee's ability to perform the duties of a pilot. Such reports shall be provided within seven calendar days of the onset of the condition.
9. Refusing to comply with the board's requirement for a chemical test. Such test is required:
a. Immediately and no later than 12 hours after involvement in a collision, grounding, or other incident resulting in personal injury, death, environmental hazard, or property damage in excess of $100,000;
b. In any instance in which the board has reasonable cause to believe there is evidence of impaired performance and a test is necessary to protect the public health, safety, or welfare; or
c. Under the provisions of 18VAC45-20-50.
Refusing to comply with this requirement of subdivisions 9 a or 9 b of this section may result in summary suspension of the pilot's license in accordance with § 54.1-902 of the Code of Virginia.
10. Failing to send proof of any test required by subdivision 9 of this section to the president or vice president of the board, with a copy to the board administrator, within 48 hours of the administration of the test.
11. Reasonable cause by the board to believe there is a threat to the public health, safety, or welfare based on evidence of impaired performance or substance abuse or a positive chemical test. Such a finding may result in summary suspension of the pilot's license in accordance with § 54.1-902 of the Code of Virginia.
12. Performing or attempting to perform any of the duties of the licensee's office or job while:
a. Under the influence of illegal drugs; or
b. Under the influence of alcohol, marijuana, or any medication (controlled substance or otherwise) to the extent that the licensee was unfit for the performance of the duties or the licensee's office or job.
13. Failing to comply with any of the provisions of 18VAC45-20-50.
Statutory Authority
§ 54.1-902 of the Code of Virginia.
Historical Notes
Derived from VR535-01-01 § 4.1, eff. November 30, 1989; amended, Virginia Register Volume 7, Issue 5, eff. January 3, 1991; Volume 10, Issue 20, eff. July 28, 1994; Volume 17, Issue 7, eff. February 1, 2001; Volume 23, Issue 21, eff. September 10, 2007; Volume 29, Issue 4, eff. December 1, 2012; filed as final, Virginia Register Volume 38, Issue 4; withdrawn from VAC by Board, Virginia Register Volume 38, Issue 11; amended, Virginia Register Volume 41, Issue 2, eff. November 1, 2024; Volume 42, Issue 7, eff. December 17, 2025.
18VAC45-20-50. Random chemical testing.
A. All Virginia licensed branch pilots shall be subject to the random chemical testing as set forth in this chapter. Random chemical testing shall be conducted at an annual selection rate of not less than 30% and not more than 100% of total licensees. Licensees shall be responsible for all costs associated with random chemical testing. The chemical test shall be a comprehensive drug screen acceptable to the board that includes testing for controlled substances in Schedules I through V of Chapter 34 (§ 54.1-3400 et seq.) of Title 54.1 of the Code of Virginia.
Only licensees on duty may be selected for random testing. A licensee selected for random chemical testing shall report for testing within two hours of notification. Failure to take a random chemical test is considered refusal to take the test.
B. Duties of licensee.
1. All licensees of the board shall enroll and participate in a random chemical testing program that meets the criteria of this chapter.
2. An on-duty licensee selected for random chemical testing shall report for testing within two hours of notification that the licensee has been selected.
3. Licensees who receive a prescription for any medication from any health care provider shall have the following duties:
a. Give the health care provider a copy of the licensee's job description as a Virginia pilot;
b. Give the health care provider a complete list of medications used within the 30 days preceding the current visit;
c. Obtain a written statement from the health care provider stating if the new prescription is for a controlled substance (Schedules II through V of the Drug Control Act (§ 54.1-3400 of the Code of Virginia)) and obtain a written statement from the health care provider as to the licensee's fitness to safely perform the duties found in the job description; and
d. If prescribed any medication containing a Schedules II through V controlled substance that is to be used within 12 hours of being on duty, make certain the MRO received by hand delivery, email, or telefax each prescription written by any health care provider at the time such prescription is written along with a complete list of medications used by the licensee within the preceding 30 days.
C. The licensee shall ensure that the MRO shall:
1. Be completely familiar with all duties of a Virginia pilot.
2. Receive, evaluate, and maintain records of all medications given to the MRO by or on behalf of each Virginia pilot.
3. Receive, evaluate, and maintain a record of each random chemical test taken by a Virginia pilot.
4. Any time the MRO finds the presence of a drug, alcohol, or marijuana that may impair the safe discharge of any duty of a Virginia pilot such that the licensee is unfit to perform those duties, report the MRO's written findings to the licensee and president or vice president of the board and to the board's administrator.
5. Report in writing to the licensee, president or vice-president of the board, and the board's administrator of any delay or refusal by a licensee in reporting to testing or being tested.
6. To the extent consistent with state and federal law, protect the confidentiality of all licensee records.
7. Judge fitness to safely perform duties in the context of the licensee's prescription medications and the licensee's available medical history. Any time the MRO finds evidence that the Virginia pilot may be impaired in the safe discharge of any of the pilot's duties such that the pilot may be unfit to perform those duties, the MRO's written finding shall be reported to the licensee and president or vice president of the board and to the board's administrator.
Statutory Authority
§ 54.1-902 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 17, Issue 7, eff. February 1, 2001; amended, Virginia Register Volume 29, Issue 4, eff. December 1, 2012; Volume 41, Issue 2, eff. November 1, 2024; Volume 42, Issue 7, eff. December 17, 2025.
Forms (18VAC45-20)
Branch Pilot License Renewal Application Form (rev. 3/07).
Limited Branch Pilot License Renewal Application Form (rev. 3/07).
Authorization and Consent for Drug & Alcohol Testing and Release of Test Results (rev. 12/09).