2 Recovery of the VDR is conditional on the accessibility
of the VDR or the information contained therein.
-
.1 Recovery of the VDR information should be undertaken
as soon as possible after an accident to best preserve the relevant
evidence for use by both the investigatorfootnote and the ship owner. As the investigator
is very unlikely to be in a position to instigate this action soon
enough after the accident, the owner must be responsible, through
its on-board standing orders, for ensuring the timely preservation
of this evidence.
-
.2 In the case of abandonment of a vessel during
an emergency, masters should, where time and other responsibilities
permit, take the necessary steps to preserve the VDR information until
it can be passed to the investigator.
-
.3 Where the VDR is inaccessible and the information
has not been retrieved prior to abandonment, a decision will need
to be taken by the flag State in co-operation with any other substantially
interested Statesfootnote on the viability
and cost of recovering the VDR balanced against the potential use
of the information. If it is decided to recover the VDR the investigator
should be responsible for co-ordinating its recovery. The possibility
of the capsule having sustained damage must be considered and specialist
expertise will be required to ensure the best chance of recovering
and preserving the evidence. In addition, the assistance and co-operation
of the owners, insurers and the manufacturers of the VDR and those
of the protective capsule may be required.