11.1 When the LRIT information transmitted by
a ship cannot be received by those entitled to receive such information,
for example a Contracting Government as a port State, due to a failure
or a situation outside the control of the ship, for example:
-
.1 due to a failure of the CSP or the ASP or of
the LRIT Data Centre; or
-
.2 because the Administration has not made the
any necessary arrangements; or
-
.3 because the LRIT Data Centre to which the ship
is transmitting LRIT information is declining to provide the requested
LRIT information to the LRIT Data Centre it is requesting them due
to their financial disputes,
in view of the fact that the failure or the situation is outside
of the control of the ship, Contracting Governments should not impose
sanctions on the ship because they are unable to receive LRIT information
transmitted by the ship.
11.2 As matters are beyond the control of
the ship, no grounds arise for either delaying or detaining
the ship pursuant to the provisions of regulations I/19 and V/16 as long as the Conformance
test report and related radio certificate are valid. However,
it is possible that a Contracting Government, unaware of the
circumstances, might decide to impose control measures or steps
pursuant to regulation XI-2/9.
To avoid such action it would be advisable for the ship to notify
the port State of the situation. However, for doing so the ship needs
to be made aware of the failure of the system or the circumstances
involved. Those causing the failure of the system or those involved
in the prevailing situation should advise the ship accordingly
if the duration of the failure is expected to exceed for example
6 hours and when the ship was being polled or is providing information
on demand. Administrations should consider the issue and
determine the maximum duration of such failure beyond which the ship
would need to inform the Contracting Governments concerned.
11.3 The question of imposition of any sanctions
under the laws of the Administration is an internal issue for
the Contracting Government concerned. However, it is expected
that Administrations should show a reasonable understanding of the
circumstances.