A VTS authority is responsible for undertaking co-operative compliance within their defined VTS area/s, noting that they:
- Have a detailed knowledge of the VTS reporting requirements, procedures to be followed and the requirements of allied services within their area.
- Publish information about their individual VTS as per IMO Resolution A.857(20) through common mechanisms such as user guides, handbooks, the admiralty list of radio signals (ALRS) and websites.
- Have detailed information readily available about any event or incident, for example traffic image, identity of ship or voice recording.
- Have the capacity to interact immediately with ships and allied services within the VTS area, for example via VHF radio.
Responsibilities of the VTS authority include:
Engagement and education
VTS authorities are responsible for engaging, educating and assisting mariners to meet their VTS obligations.
This may include:
- Using educational campaigns to inform, guide and encourage voluntary compliance.
- Providing general and targeted publications about their specific services including user guides, handbooks, ALRS, websites and engaging allied services.
- Targeted activities for ship masters including:
- Clarifying VTS related questions through direct communication, for example VHF radio.
- Informing them of their obligations to report and where appropriate comply with instructions.
- Raising awareness of the benefits of complying with VTS requirements and the potential consequences of non-compliance.
- Liaising with the broader maritime community about meeting VTS requirements.
Guidance and warnings
The VTS authority should clearly communicate to the master whether the guidance or warning is being issued under the Act or marine order 64 rather than other legislative provisions such as Harbour Masters directions (or equivalent). To assist a VTS Operator this should be reflected in the VTS operating procedures.
Guidance and warnings are for promoting compliance with the law—there is no legal obligation for the master of a ship to comply. However, where the master ignores the guidance or a specific warning given for non-compliant behaviour, then AMSA may exercise its compliance options.
A VTS authority may give guidance or a warning to a ship’s master in circumstances where there is a lack of awareness about or misinterpretation of a VTS requirement relevant to the ship.
Guidance
Guidance should be provided in good faith, based on the VTS authority’s considered view and experience, and should clearly communicate to the ship’s master if the guidance relates to the Act or the marine order.
Warnings
The VTS authority must report to AMSA all warnings issued. A warning may be taken into consideration if further enforcement action is required. AMSA may also choose to notify a ship’s flag state of any warnings issued.
A VTS authority may consider it necessary to escalate a non-compliance incident to AMSA without issuing a warning.
VTS authorities must maintain a register and keep records of all warnings issued— verbal and written. This may include voice wave files, transcripts and other types of correspondence.
The type of information recorded should at least include:
- Issue date of the warning.
- Ship details – ship name and IMO number.
- Particulars of the event or incident.
- Nature of the action taken.
The Alleged vessel traffic services non-compliance report (form 1618) should be used to notify AMSA.
The Act provides that:
A ship’s master is not relieved from responsibility for the conduct of navigation when the ship is subject to VTS arrangements.
VTS arrangements being complied with does not affect the liability of the owner or master of a ship for loss or damage caused by the ship or by a fault of the navigation of the ship when complying with such arrangements.
Recommending enforcement action
Where a VTS authority considers enforcement action may be required, they should notify AMSA about the alleged offences or instances of VTS non-compliance as soon as practicable.
A VTS authority may choose to investigate the events or issues further before notifying AMSA.
The report should include all supporting information to assist AMSA in determining the appropriate course of action. This information may also assist with the investigation and, or prosecution process.
The types of supporting information will vary depending on the nature and severity of the event. It may include a chartlet, voice recording and other relevant details including, how long the ship may be in port, and its next port of call.
The Alleged vessel traffic services non-compliance report (form 1618) should be used to notify AMSA.
If the VTS authority considers the situation to be urgent, they should contact AMSA’s Response Centre on 1800 641 792.
Monitoring compliance trends
To improve compliance outcomes, authorities should monitor compliance trends and adjust their co-operative compliance strategy accordingly. At times, this may require a focused campaign to validate emerging threats and risks to the VTS area.