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THE LAW AND "PAPERLESS" NAVIGATION

Can you legally navigate using ECDIS as the primary means of navigation?

INTERNATIONAL MARITIME ORGANISATION (IMO)

The IMO has 169 Government members who are responsible for implementing the legislation adopted by the IMO. If a Government accepts an IMO convention, it agrees to make it part of its own national law. IMO conventions that are significant for ECDIS include SOLAS, STCW and ISM. However, varying stages and interpretation of implementation can create confusion for shipping companies and seafarers, especially with multinational crews / certification and swiftly changing flags.

• Although the IMO accept ECDIS as a replacement for paper charts, does your Flag State?

SAFETY OF LIFE AT SEA (SOLAS)

Acceptance

SOLAS allows an ECDIS to be accepted as meeting the chart carriage requirements provided that a back-up system is in place and that they both conform to the relevant performance standards. Importantly, it also defines a nautical chart or publication as a specially compiled database that is issued officially by or on the authority of a Government - ENCs and RNCs. All nautical charts and publications must be adequate and up-to-date.

• Is your ECDIS back-up fulfilled by paper charts, another ECDIS or a combination of another electronic chart display system and select charts?

• Are all your nautical charts government approved - ENC, RNC and/or Paper?

• Have you got a timely management system to identify and obtain any additional paper charts for RCDS mode or new electronic charts and updates?

Performance standards

In accordance with SOLAS, the IMO routinely review ECDIS standards and subsequently publish updates. The IMO recommends that Governments ensure ECDIS equipment conforms to such performance standards in accordance with amendments made to A.817(19) - latest MSC 232(82). In doing so, an ECDIS must also meet IHO hydrographic data transfer standards (currently still S-57 but will be S-100 in the future), IHO chart content and display parameters S-52 and IEC performance and testing standards.

• Does your ECDIS meet the latest performance standards and certificated?

• Is your ECDIS, associated sensors, power sources and back-up type approved for your class of vessel and accepted by your Flag State?

• When will the software require upgrading?

Implementation plan

It is now well known that the IMO has implemented an ECDIS fit program commencing 2012 and this is included within SOLAS. However, the High Speed Craft code already requires ECDIS under "shipboard navigational systems and equipment and voyage data recorders". The following is therefore a clear list of ECDIS fit requirements under IMO and subsequent adoption through national law.

ECDIS shall be fitted as follows:

• High-speed craft constructed on or after 1 July 2008
• High-speed craft constructed before 1 July 2008, not later than 1 July 2010
• Passenger ships > 500gt constructed on or after 1 July 2012
• Tankers > 3000gt constructed on or after 1 July 2012
• Cargo ships > 10000gt constructed on or after 1 July 2013
• Cargo ships > 3000gt but < 10000gt constructed on or after 1 July 2014
• Passenger ships > 500gt constructed before 1 July 2012, not later than the first survey on or after 1 July 2014
• Tankers > 3000gt constructed before 1 July 2012, not later than the first survey on or after 1 July 2015
• Cargo ships > 50000gt constructed before 1 July 2013, not later than the first survey on or after 1 July 2016
• Cargo ships > 20000gt but < 50000gt constructed before 1 July 2013, not later than the first survey on or after 1 July 2017
• Cargo ships > 10000gt but < 20000gt constructed before 1 July 2013, not later than the first survey on or after 1 July 2018

STANDARDS OF TRAINING, CERTIFICATION AND WATCHKEEPING (STCW)

Manila Amendments

In conjunction with SOLAS and the implementation plan, the Manila Amendments to STCW in force 2012, include ECDIS as a required competence and as such require deck officers serving in a vessel fitted with ECDIS to have conducted approved ECDIS training.

Competence:

• Use of ECDIS to maintain the safety of navigation

• Maintain the safety of navigation through the use of ECDIS and associated navigation systems to assist command decision making

The amendments are to enter into force on 1 January 2012.

Note: Training and assessment in the use of ECDIS is not required for those who serve exclusively on ships not fitted with ECDIS. These limitations shall be reflected in the endorsement issued to the seafarer concerned.

This means that once adopted by Flag States, in 2012 if a ship is fitted with an ECDIS and not necessarily just those navigating paperless, any officer with navigational responsibilities will need to hold certification to verify that they have conducted an approved STCW ECDIS course which meets the new standards as laid down in the Manila Amendments.

• Can your deck officers produce certification and demonstrate adequate competence using an ECDIS to satisfy STCW post 2012 at OOW, Chief Mate and Master level appropriate to the size and operating area of vessel?

INTERNATIONAL SAFETY MANAGEMENT (ISM)

The Code, the purpose of which is to provide an international standard for the safe management and operation of ships and for pollution prevention, is particularly relevant when using ECDIS and especially if ECDIS is used to replace paper charts.

Significance

The assembly invited Governments to take the necessary steps to safeguard the shipmaster in the proper discharge of his responsibilities with regard to maritime safety and the protection of the marine environment.

Every Company should develop, implement and maintain a safety management system.

Compliance with mandatory rules and regulations; and that applicable codes, guidelines and standards recommended by the Organisation, Administrations, classification societies and maritime industry organisations are taken into account. The master's responsibility is defined - Implementing the safety and environmental-protection policy of the Company; and reviewing the safety management system and reporting its deficiencies to the shore-based management.

The Company should establish in the safety management system that the master has the overriding authority and the responsibility to make decisions with respect to safety and pollution prevention and to request the Company's assistance as may be necessary.

The Company should ensure that each ship is manned with qualified, certificated and medically fit seafarers in accordance with national and international requirements.

The Company should establish procedures to ensure that new personnel and personnel transferred to new assignments related to safety and protection of the environment are given proper familiarisation with their duties. Instructions which are essential to be provided prior to sailing should be identified, documented and given.

The Company should establish and maintain procedures for identifying any training which may be required in support of the safety management system and ensure that such training is provided for all personnel concerned.

The Company should establish procedures for the preparation of plans and instructions, including checklists as appropriate, for key shipboard operations concerning the safety of the ship and the prevention of pollution. The various tasks involved should be defined and assigned to qualified personnel.

The safety management system should provide for measures ensuring that the Company's organisation can respond at any time to hazards, accidents and emergency situations involving its ships. The Company should establish procedures in its safety management system to identify equipment and technical systems the sudden operational failure of which may result in hazardous situations. The safety management system should provide for specific measures aimed at promoting the reliability of such equipment or systems.

• Are you confident that your Safety Management System will stand up to scrutiny in court?

• Is Type-Specific ECDIS use, maintenance and training incorporated and in line with latest international recommendations, port state control expectations, best practice and Flag State requirements?

PORT STATE CONTROL (PSC)

A range of measures are in place to deal with sub-standard practices; IMO's Sub-Committee on Flag State Implementation, Technical Co-operation Programme, Voluntary Member State Audit Scheme and the most prevalent, Port State Control. The most important IMO conventions contain provisions for Governments to inspect foreign ships that visit their ports to ensure that they meet IMO standards. If they do not they can be detained until repairs are carried out.

Experience has shown that this works best if countries join together to form regional port State control organisations under memorandums of understanding, there are currently eight such regional organisations that cover the world.

With regards to ECDIS regulations and conformity, SOLAS, STCW and ISM are all applicable under PSC. A ship should therefore be able to prove that it is operating in accordance with its' Flag State ECDIS requirements which in turn should reflect IMO convention guidance. For example:

• If an ECDIS is used as a primary means of navigation then it must be type approved to meet performance standards, with adequate back up arrangements and certification. Some Flag Sates conduct an inspection and provide a letter of authorization to use ECDIS in place of paper, other Flag States do not.

• The vessel must hold up-to-date government authorised nautical charts and publications suitably managed appropriate for the intended voyage. Just as with paper if a new or updated ENC that is applicable to the voyage becomes available, the ship should be using it. Only approved digital publications may be used in place of paper. For example, not all tidal programs linked to an ECDIS are approved. T+Ps, Navareas, WZs and local warnings should still be plotted, either automatically or manually and taken into account.

• If a PSCO finds a navigational officer unable to provide ECDIS training certification or be able to adequately maintain or use an ECDIS as required by SOLAS, the PSCO may take action under STCW for the inability of a navigational officer to safely use a chart. Post 2012, this will be a clear breach of STCW ECDIS competence.

• If the flag state of a ship or companies approved SMS requires a navigational officer to have conducted "additional" type-specific ECDIS training, then should that navigational officer be unable to produce documentary proof iaw the approved management system then the PSCO may take action under ISM requirements.

FLAG STATES

Although Flag State requirements to use ECDIS as the primary mode of navigation differ between nations, class of vessel and area of operation, generally most expect and uphold very similar requirements to the IMO's guidance. However, it is the generic and type specific training requirements that appear to be the most varied, although the Manila Amendments should clarify matters. For a shipping company to keep costs to a minimum when adopting ECDIS, it is of course important to get it right first time! It is therefore vital to seek advice for equipment choice and establish early national administration liaison to determine the best solution for the safe, efficient and legal operation of a specific vessel.

• Timeframe / Integrated or stand alone / ECDIS / Back up / Class requirements / Power sources / Sensor interfaces / Data source / Area of operation / Type approval / STCW ECDIS training / Type specific familiarisation / Safety Management System / Flag State approval.

• If not already required by your Flag State to conduct a generic STCW ECDIS course and/or Type Specific training, in 2012 this is likely to change - especially if ECDIS is used to replace paper charts.

Training standards

The standard of courses and Flag State acceptance of certificates is an issue.

With STCW now stipulating the standard required for generic ECDIS training in conjunction with the full 40hr IMO model course (which is due to be updated in line with new developments), it is likely that in order for nations to remain STCW compliant, Flag States that do not already stipulate it, will require the full 40+hr course, conducted with simulation and under instruction, not simply accept a 2-3 day course or CBT. Cadet syllabuses will be changed to ensure compliance but for all those personnel who already have COC's, extra STCW approved training is required.

• Personnel who have already conducted an ECDIS course may have to re-take an approved standard of course that satisfies new requirements in order for the certificate to meet STCW standards and remain valid post 2012.

• Type Specific is very much the Shipping Companies responsibility however this safety management issue will of course be externally audited. Such measures of training as well as operation of a critical system must be managed, recorded and monitored within a company's SMS.

• Generic and equipment (type) specific training should be incorporated into a Company's SMS, conform to international standards and be accepted by Flag State.

• Subsequent individual certification should therefore accompany to prove compliance.

SUMMARY

An ECDIS can only be used to replace paper charts if approved by the Flag State with certification.

If required by law to fit an ECDIS or simply to do so by choice, it is expensive and time consuming to maintain both the ECDIS to a fully functioning safe standard as well as upkeep a full outfit of paper charts. The best solution is proper management of the safest option not a half way house of confusion.

It is inevitable that ECDIS will replace the paper chart due to the vastly superior situational awareness capabilities but the limitations must be understood and taken into account.

ECDIS may be used either as another situational enhancer or to a greater extent as the primary mode of navigation in replacing paper. Either way it must be used in conjunction with all other available means to ensure safety of navigation.

An ECDIS only enhances navigational safety if properly managed - from continuity of fleet fits to training and reliable safety management systems.

Timely research, educated decisions and Flag State liaison is fundamental to a cost effective, legal and manageable system of operating with an ECDIS.

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