London P&I Club calls for improved onboard awareness of VDR testing requirements

The London P&I Club has called for greater familiarisation by ships’ officers and crews with the testing requirements relating to Voyage Data Recorders after two recent claims incidents investigated by the club’s loss prevention team revealed VDR malfunctions.

In both claims, when the VDR data had been retrieved and analysed, it was apparent that certain required sensors were not feeding data to the VDR unit at the material time. This led to delay in the analysis of the incidents, and to loss of important claims handling information.

The club notes that masters and operators should already be aware of the requirements for the annual testing of VDR equipment prescribed under SOLAS 5 Regulation 18, which stipulates that VDR systems, including all sensors, should be subjected to an annual performance test. Such tests should be conducted by an approved testing or servicing facility to verify the accuracy, duration and recoverability of recorded data. In addition, tests and inspections should be conducted to determine the serviceability of all protective enclosures and devices fitted to aid location, and a compliance certificate retained on board.

Ian Barr, claims director with the club’s management team, says, “Analysis of a small selection of VDR operators’ manuals by the club has shown that, in general, VDR units have a means of ascertaining that they are receiving data from the required sensors. It seems that the provision of LED lights in combination is a popular method of communicating such information to the operator, along with the provision of individual error codes.

“Ships’ officers who are responsible for such equipment should ensure that they are fully conversant with the error codes / indications in the appropriate VDR operating manual. Consideration should also be given to the routine assessment of such indicators and / or test sequences as deemed appropriate.”

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London P&I Club warns on failure to preserve VDR data

THE London P&I Club says failure to preserve Voyage Data Recorder (VDR) data in the event of an incident can compromise the owner’s position in the event of a claim

In the latest issue of its StopLoss Bulletin, the club says that its ship inspection programme confirms that the operation of VDR units is generally well-understood by its shipowner members. But it notes that there have nevertheless been instances where masters have failed to perform the steps required to preserve VDR data, or failed to recognise circumstances in which such data – and particularly voice traffic on VHF and on the bridge – may be very valuable in the defence of a claim.

In one instance, a ship heading into port was presented with a ‘head-on’ situation as described in Rule 14 of the International Rules for the Prevention of Collisions at Sea. Although it was a departure from the rules, a deal was struck on the VHF between the two ships, involving an alteration of course. The ships subsequently collided, resulting in a substantial claim on the club.

The club says, “The master did not save the VDR data, presumably because the data could have been incriminating and used against him. While the same information was not likely to have reversed any liability for the incident, it may have been useful evidence to assist in reaching an amicable settlement. The effect on the settlement of the claim cannot now be quantified, although it stands to reason that the shipowner would have preferred the master to have saved the information. In an attempt to protect himself, the master may have exposed the owners to a larger settlement.”

In another incident, a container ship entered with the club was forced, due to impending poor weather, to depart from a container berth with many of its containers unlashed. Unfortunately, when the ship was exposed to the poor weather, a number of the unlashed containers were lost overboard. The club says, “In some ways, understandably, the master did not consider this situation to be one where VDR data ought to be saved. But, during the handling of the ensuing claim, the club felt that the VDR data would probably have represented a valuable narrative of the exchanges between the port authorities and the bridge team and could have helped greatly in the claim negotiation.”

The club notes that onboard emergency guidance manuals usually contain aide memoir sheets to assist the master with those structured and ordered tasks which need to be taken in priority order, and are aimed at ensuring that steps are not missed in an emergency. It advises its members to consider the insertion or addition of VDR data saves in an appropriate position on such lists.

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