In accordance with the International Maritime Organization (IMO) convention on the safety of human life at sea (SOLAS), all ships with a gross tonnage of 300 tons or more, conducting international navigation, cargo ships with a gross tonnage of 500 tons or more, not engaged in international navigation, and all passenger ships, regardless of their size, must be equipped with an AIS system. The AIS system is very important for safe navigation. For this reason, the failure of this system is only allowed under exceptional circumstances. This guide will discuss the possible consequences that may arise in the event of the AIS system being turned off.
A. What is the AIS system?
The AIS technology was developed by IMO technical committees to
prevent collisions between ships at sea. When a ship is at sea,
information about its movement and about other nearby ships is
critically important for navigators who make decisions to avoid
collisions with other ships and hazards (such as shoals or rocks).
It is the AIS technology that identifies each ship individually,
along with its specific location and movements, providing a virtual
picture and tabulation in real-time. Although AIS only requires the
display of very simple text information, the received data can be
integrated with a graphical electronic chart or radar display,
providing consolidated navigation information on one screen.
B. How does the AIS system work?
When tracking and escorting ships, AIS automatically sends
information to storage stations equipped with the appropriate
equipment, other ships, and aircraft, and also receives information
from them. AIS performs its function by transmitting VHF radio
waves carrying this data. Due to the curvature of the Earth, the
horizontal range of VHF radio waves is limited to about 24 nautical
miles, or about 44 kilometers, from ship to ship. In more remote or
densely populated areas, a ground station can be used to boost the
signal in the immediate vicinity. Vertical signals can be received
by low Earth orbit satellites, which, in turn, transmit the data to
ground stations, making the satellite coverage area available in
almost all regions.
C. Regulations governing the AIS system
The transmission of AIS signals is regulated by the IMO Convention
on the Safety of Life at Sea (SOLAS). In 2000, under the revised
Chapter V, the IMO required all ships to have automatic
identification systems (AIS) that can automatically provide
information about the ship to other vessels and coastal
authorities. This regulation requires all ships with a gross
tonnage of 300 tons or more, engaged in international voyages,
cargo ships with a gross tonnage of 500 tons or more, not engaged
in international voyages, and all passenger ships regardless of
their size, to be equipped with an AIS system.
D. Deactivating the AIS system
The AIS system must always be in operation when ships are underway
or anchored. The captain may deactivate the AIS system if they
believe its continuous operation could jeopardize the safety or
security of their ship or in the case of impending incidents
related to safety. The captain must notify the competent authority
of such a deactivation and its reason. Such actions must always be
recorded in the ship's logbook with the reason.
In the case of intentional deactivation of the system to stop transmitting the ship's position and other information about it, this is referred to as "blacking out".
E. Reasons for deactivating (disabling) the AIS
system
Deactivating the AIS system is possible under exceptional
circumstances, as explained in the previous section, and detailed
regulation of this issue has been made under the revised AIS
operational usage guidelines aboard ships in IMO resolution A. 1106
(29). These guidelines allow the captain to deactivate the AIS
under specific circumstances when safety and security are at risk.
Under these principles, legitimate reasons for deactivating the AIS
system may be listed as follows:
- The system may be deactivated to hide the ship's location, position, or identity in areas where maritime pirates operate. This increases the safety of those on board and reduces the risk of pirates boarding and hijacking the ship.
- To avoid detention by sanctioning authorities;
- The deactivation is possible if the ship is involved in operations related to secret projects, such as laying important secret data transmission cables or military operations.
However, AIS may also be deactivated to conceal illegal activities of the ship. Examples of such illegal activities include:
- Trading with sanctioned countries: Ships may deactivate their AIS systems to hide visits to ports in sanctioned countries.
- Illegal cargos, including drugs, weapons, and human trafficking, are often loaded and unloaded at less obvious ports. Intermediate stops for loading and unloading these illegal cargos and people are often hidden by deactivating the AIS.
- The system may also be deactivated to conceal inter-ship transfers of goods or cargos related to sanctioned countries, for example, for oil trading.
A situation may also arise where AIS is deactivated in the case of illegal fishing. This is especially common when illegal fishing occurs in the territorial waters of another country.
F. Consequences regarding the insurance policy and
charter party
Deactivating the AIS system, if not required for the protection or
security of the ship, is a violation of the SOLAS Convention and
breaches the flag state's requirements. Additionally, since the
AIS system is important for the ship's navigation, deactivating
the AIS system increases the risk of collision, damage to other
ships or floating objects, pollution, and loss of life at sea.
Deactivating the AIS system may lead to issues with the ship's insurance coverage. For example, deactivating the AIS system may render the insurance coverage void. Moreover, most insurance policies include a clause regarding liability, which states that shipowners must act in accordance with the law and not act recklessly. Therefore, non-compliance with SOLAS rules may damage the insurance coverage. Furthermore, the insurer may refuse to provide insurance coverage based on reckless or illegal trading when the shipowner uses their ship for trade in violation of sanctions, hiding its location by manipulating or concealing the AIS data transmission.
As for maritime contracts, as a preventive measure to eliminate the described negative situations and protect all rights, it is recommended to include a clause in the charter party that regulates the non-deactivation of the AIS system. Among the standard clauses in this regard, the BIMCO clause on AIS deactivation 2021 is of primary importance. These standard clauses typically give charterers the right to terminate the contract in the event of deactivation, regardless of the circumstances under which the AIS may be lawfully deactivated.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
