In accordance with the International Maritime Organization (IMO) convention on the safety of human life at sea (SOLAS), all vessels with a gross tonnage of 300 tons or more, engaged in 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, disabling this system is only allowed in exceptional circumstances. This guide will discuss the potential consequences that may arise if the AIS system is disabled.
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 ships nearby is critically important for navigators, who make decisions to avoid collisions with other ships and hazards (shoals or rocks). It is AIS technology that identifies each vessel individually, along with its specific position and movements, providing a virtual picture and tabulation in real-time. While AIS only needs to display very simple textual information, the data received can be integrated with a graphical electronic chart or radar display, providing consolidated navigation information on one screen.
What is the AIS system?
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 (Very High Frequency) that carry this data. Due to the curvature of the Earth, the horizontal range of VHF radio waves is limited to about 24 nautical miles or approximately 44 kilometers from ship to ship. In more distant or densely populated areas, a ground station can be used to amplify 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 practically everywhere.
Regulatory acts governing the AIS system
The transmission of AIS signals is regulated by the IMO International Convention for the Safety of Life at Sea (SOLAS). In 2000, as part of the revised Chapter V, IMO mandated that all ships must have automatic identification systems (AIS) that can automatically provide ship information to other vessels and shore authorities. This regulation requires that all vessels 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 vessels, regardless of their size, be equipped with an AIS system.
Disabling the AIS system
The AIS system must always be operational when ships are underway or at anchor. The captain may disable the AIS system if they believe its continuous operation may jeopardize the safety or security of the ship or in the event of imminent security-related incidents. The captain must notify the competent authority of such a shutdown and the reason for it. Such actions must always be recorded in the ship’s logbook, specifying the reason.
In the case of intentional disabling of the system to stop the transmission of the ship’s position and other information, this is referred to as “blacking out.”
Reasons for disabling (deactivating) the AIS system
Disabling the AIS system is possible in exceptional circumstances, as explained in the previous section, and detailed regulation of this issue was made as part of the revised guidance on the operational use of AIS on board ships in IMO Resolution A.1106 (29). These guidelines allow the captain to disable the AIS under specific circumstances where safety and security are at risk. Within these principles, legitimate reasons for disabling the AIS system can be listed as follows:
The system can be disabled to hide the location, position, or identification of a ship in areas where piracy is prevalent. This increases the safety of those on board and reduces the risk of pirates boarding the ship and capturing it.
To avoid detention by sanctioning authorities;
Disabling may occur if the ship is involved in operations related to secret projects, such as laying important secret data cables or military operations.
However, AIS can also be disabled to conceal illegal activities of the vessel. Examples of such illegal activities include:
Trading with sanctioned countries: Ships may disable their AIS systems to hide visits to ports of sanctioned countries.
Illegal cargo, including drugs, weapons, and illegal transportation of people, are often loaded and unloaded in less obvious ports. Intermediate stops for loading and unloading illegal goods and people are often concealed by disabling the AIS.
The system may also be disabled to hide inter-ship transfers of ships or cargo related to sanctioned countries, such as oil trade. A situation may also arise where AIS is disabled in the case of illegal fishing. This can be particularly typical in cases where illegal fishing occurs in the territorial waters of another country.
Consequences for insurance policies and charter party agreements
Disabling the AIS system, if not required for the safety or security of the vessel, constitutes a violation of the SOLAS Convention and breaches the requirements of the vessel’s flag state. Additionally, since the AIS system is crucial for the navigation of the vessel, disabling the AIS increases the risk of collision, damage to other vessels or floating objects, pollution, and loss of life at sea.
Disabling the AIS system can lead to problems with the vessel’s insurance coverage. For example, disabling the AIS system may invalidate the insurance coverage. Furthermore, most insurance policies include clauses regarding liability, stating that vessel owners must act in accordance with the law and not act recklessly. Therefore, non-compliance with SOLAS regulations can harm insurance coverage. Moreover, the insurer may refuse to provide coverage based on reckless or illegal trading when the vessel owner uses their vessel to trade in violation of sanctions, hiding their position through manipulation or concealment of AIS data transmission.
Regarding maritime contracts, as a preventive measure to avoid the above negative situations and protect all rights, it is recommended to include a clause in the charter party that regulates the non-disabling of the AIS system. Among typical clauses in this regard, the BIMCO 2021 AIS Disabling Clause is the most notable. These standard clauses usually give charterers the right to terminate the agreement in the event of a shutdown, regardless of the circumstances under which AIS may be legally disabled.
For detailed information and answers to questions about our newsletter, you can contact us around the clock using the contact information provided below.
