fleeting area), or on short and fixed schedules (such as a bank-to-bank river ferry service), or that otherwise are not likely to encounter another AIS-equipped vessel. The owner or operator of a vessel seeking such an exception, which would only be granted on a year-to-year basis, must request a deviation in writing. Vessels that would by this proposal be newlyrequired to carry an AIS device would have seven months after publication of the final rule in order to install the device. The proposal does not directly address the training requirement, but this must be borne in mind by the owner and operator. The AIS device will be of little or no value if the persons in charge of navigation of the vessel are unfamiliar with its use and maintenance. As noted above, the proposal includes specific operational requirements. The individuals in charge of navigation must be able to perform these tasks. Marine casualty investigation reports are replete with instances where the person charged with navigation of the vessel did not know how to properly operate a particular piece of navigational equipment. Regulatory agencies and courts show little leniency in cases where a casualty is caused by such lack of training. While I think AIS has some inherent flaws for
use as a security system, I firmly believe that it is an excellent means of enhancing maritime safety. Therefore, I heartily concur with efforts to expand its use. There may be good reasons for granting certain limited exemptions, but on the whole, the more vessels carrying and utilizing AIS, the better. Experience will determine which vessels can get by with the Class B device as opposed to the more sophisticated Class A. As with other pieces of technology, we should expect that prices for this equipment will decrease over time and capability will increase. In the not-toodistant future, AIS may be as ubiquitous as radar.
About the Author Dennis L. Bryant, Senior Maritime Counsel at the law firm of Holland & Knight, Washington, D.C., is a contributing editor of MR/EN. For additioal information contact Dennis at dbryant@hklaw.com
January 2009
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