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1024 - Guidelines On Voyage Data Recorder (VDR) Ownership And Recovery
Geldigheid:29-05-2002 t/m Status: Geldig vandaag

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Ref. T1/2.02 MSC/Circ.1024                                                                                                                            29 May 2002

1 The Maritime Safety Committee, at its seventy-fifth session (15 to 24 May 2002), approved the annexed Guidelines on voyage data recorder (VDR) ownership and recovery which have been developed to support provisions of the revised SOLAS regulation V/15, as amended by resolution MSC.99(73), and, in particular, to support the carriage requirements for voyage data recorders contained in the revised SOLAS regulation V/20, which are expected to enter into force on 1 July 2002.

2 These Guidelines reflect the five basic issues relevant to VDR ownership and recovery, which are ownership, custody, recovery, read-out and access to the VDR information, as envisaged by the revised SOLAS chapter V.

3 In view of the complexity of the matter, close co-ordination and co-operation among interested parties, as appropriate, in any recovery operation of a VDR is encouraged.

4 Member Governments are invited to bring the annexed Guidelines to the attention of all parties concerned.




Access To The VDR Information:

5 A copy of the VDR information must be provided to the ship owner at an early stage in all circumstances.

6 Further access to the information will be governed by the applicable domestic legislation of the flag State, coastal State and other substantially interested States as appropriate and the guidelines given in the Code for the Investigation of Marine Casualties and Incidents.

7 Any disclosure of VDR information should be in accordance with section 10 of the Code for the Investigation of Marine Casualties and Incidents.

Custody Of VDR Information:

3          Inallcircumstances,duringthecourseofaninvestigation,theinvestigatorshouldhave custodyoftheoriginalVDRinformationinthesamewaythattheinvestigatorwouldhavecustody ofotherrecordsorevidenceundertheCodefortheInvestigationofMarineCasualtiesandIncidents.







Ownership Of VDR Information

1 The ship owner will, in all circumstances and at all times, own the VDR and its information. However, in the event of an accident the following guidelines would apply. The owner of the ship should make available and maintain all decoding instructions necessary to recover the recorded information.

Read-Out Of VDR Information:

4 In all circumstances the investigator is responsible to arrange down loading and read-out of the information and should keep the ship owner fully informed. In some cases, the assistance of specialist expertise may be required.

Recovery Of VDR And Relevant Information

2 Recovery of the VDR is conditional on the accessibility of the VDR or the information contained therein.

    .1 Recovery of the VDR information should be undertaken as soon as possible after an accident to best preserve the relevant evidence for use by both the investigator1 and the ship owner. As the investigator is very unlikely to be in a position to instigate this action soon enough after the accident, the owner must be responsible, through its on-board standing orders, for ensuring the timely preservation of this evidence.

    .2 In the case of abandonment of a vessel during an emergency, masters should, where time and other responsibilities permit, take the necessary steps to preserve the VDR information until it can be passed to the investigator.

    .3 Where the VDR is inaccessible and the information has not been retrieved prior to abandonment, a decision will need to be taken by the flag State in co-operation with any other substantially interested States2 on the viability and cost of recovering the VDR balanced against the potential use of the information. If it is decided to recover the VDR the investigator should be responsible for co-ordinating its recovery. The possibility of the capsule having sustained damage must be considered and specialist expertise will be required to ensure the best chance of recovering and preserving the evidence. In addition, the assistance and co-operation of the owners, insurers and the manufacturers of the VDR and those of the protective capsule may be required.




1                     Theterminvestigator referstotheMarineCasualtyInvestigatorasperthetermsoftheCodeforInvestigationof




2                     Refertoparagraph4.11oftheCodefortheInvestigationofMarineCasualtiesandIncidents,asadoptedby resolutionA.849(20).


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