§ 405.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings unless the context clearly indicates otherwise:
Incapacity—The inability on the part of a person to perform required duties, whether due to professional deficiencies, physical disability, mental incapacity or any combination of these.
License—A license to exercise the profession of a pilot granted by the Commission.
Misconduct—Human behavior which violates some formal, duly established rule, such as the common law, the general maritime law, or Commission regulations. In the absence of such a rule, ‘‘misconduct’’ is human behavior which a reasonable person would consider to constitute a failure to conform to the standard of conduct which is required in the light of all the existing facts and circumstances.
Negligence—The commission of an act which a reasonable prudent person of the same station, under the same circumstances, would not commit or the failure to perform an act which a reasonably prudent person of the same station, under the same circumstances, would not fail to perform.
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