Legality or Board of Trade view on Electronic Charts

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airborne1

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Many, many years ago, prior to the advent of electronic charts, it was mandatory for a cargo ship to carry paper charts. I assume it was also required by insurance companies for leisure craft.
Can someone tell the latest views of officialdom and insurance companies on the carriage of paper charts for navigation and the acceptability of electronic charts (thinking of ARCS or the equivalent in IMRAY charts)
If you have an accident carrying just electronic charts would the insurance still pay out??
 
DON\'T ask Ins. Co\'s

Blimey - that's like giving them chance to ADD to the requirements !!

I cannot find any written requirement for a yacht or pleasure boat that is private pleasure use only to be equipped with charts and other gear such as mentioned here - other than reasonably practicable and sensible ... even then it's not specific or detailed.
There are plenty of boats around that do not carry charts even a chart of home harbour ! I would suggest that most boats carry a few .... based on usual waters and should they consider a trip outside ... but proper folios ? Very few I would guess.
 
This question has been asked before and there is no legal requirement for private boats (up to a certain length, if I remember rightly) to carry paper charts. In the event of a prang you'll still be required to show that you were navigating in a prudent manner.
 
Re: DON\'T ask Ins. Co\'s

[ QUOTE ]
Blimey - that's like giving them chance to ADD to the requirements !!

I cannot find any written requirement for a yacht or pleasure boat that is private pleasure use only to be equipped with charts and other gear such as mentioned here - other than reasonably practicable and sensible ... even then it's not specific or detailed.
There are plenty of boats around that do not carry charts even a chart of home harbour ! I would suggest that most boats carry a few .... based on usual waters and should they consider a trip outside ... but proper folios ? Very few I would guess.

[/ QUOTE ]

It is not enough just to glance through the policy to understand the parties’ rights and responsibilities, as the real nitty-gritty is already contained in the law itself. Contracts of insurance are said to be based on the ‘utmost good faith’. This fuzzy phrase is pulled into sharp focus by the legal requirement on the part of the assured to disclose to the insurer, before the contract is even made, all ‘material circumstances’. ‘Circumstances’ here are any facts known to the assured, or which the assured should have known. A circumstance will be material if the judgment of a prudent underwriter would be influenced when it comes to or determining whether to take on the risk, and if so what the premium should be.

Thankfully, not everything needs to be disclosed. Anything which diminishes the risk, or which is already known or presumed to be known by the insurer, need not be revealed. The same applies to any information the insurer has waived the need to know or has become superfluous as a result of any express or implied policy term.

All in all, I suspect that electronic charts would be sufficient, but the point is to ask your underwriter, in writing of course.
 
Board of Trade no longer concerned - now MCA - but in a nutshell...

the current IMO regulations for merchant ships navigating on electronic charts require the ship to carry "sufficient" paper charts to navigate to a pilot station safely. "Sufficient" is generally taken to mean 10% of the full paper chart outfit for the voyage, with only the small scale charts carried except for narrow passages and congested areas such as the English Channel, Singapore Straits, etc.
 
Last year someone I know in our marina cruised to Holland just using his chartplotter. He was stopped by the authorities and asked for all his paperwork, passage plan and paper charts etc. He could not show them anything, saying that he was using his chartplotter. They told him this was against their rules and regs and that they could impose a large fine on him, they let him off with a warning but insisted if he was stopped again with no charts he would be fined.

Barry
 
Chapter and verse:

Electronic charts

Performance standards for electronic charts were adopted in 1995, by resolution A.817(19)), which was amended in 1996 by resolution MSC.64 (67) to reflect back-up arrangements in case of ECDIS failure.

Additional amendments were made in 1998 by resolution MSC 86 (70) to permit operation of ECDIS in RCDS (Raster chart) mode.

IMO's Maritime Safety Committee (MSC), at its 73rd session from 27 November to 6 December 2000 adopted a revised Chapter V (Safety of Navigation) of SOLAS which enters into force on 1 July 2002.

Regulation 19 of the new Chapter V - Carriage requirements for shipborne navigational systems and equipment allows an electronic chart display and information system (ECDIS) to be accepted as meeting the chart carriage requirements of the regulation.

The regulation requires all ships, irrespective of size, to carry nautical charts and nautical publications to plan and display the ship's route for the intended voyage and to plot and monitor positions throughout the voyage. But the ship must also carry back up arrangements if electronic charts are used either fully or partially.

Performance standards for electronic charts were adopted in 1995, by resolution A.817(19)), which was amended in 1996 by resolution MSC.64 (67) to reflect back-up arrangements in case of ECDIS failure. Additional amendments were made in 1998 by resolution MSC 86 (70) to permit operation of ECDIS in RCDS mode.

....


Hydrographic data and charts

All ships are required to carry "adequate and up-to-date charts" under SOLAS Chapter V (Regulation 20) to assist in navigation.

At present, the International Convention for the Safety of Life at Sea (SOLAS) does not specify Governmental responsibility for producing charts, but in 1983, IMO adopted a Resolution referring to the importance of the provision of accurate and up-to-date hydrographic information to safety of navigation and to the fact that many areas had not been surveyed to modern standards.

The Resolution invited Governments to conduct hydrographic surveys and co-operate with other Governments where necessary. This was followed in 1985 by a Resolution urging IMO Member Governments to establish regional hydrographic commissions or charting groups and to support groups already set up by the International Hydrographic Organization (IHO) to prepare accurate charts.

The Resolution was adopted after representation from the IHO, which had informed IMO of the inadequacy of nautical charts of many sea areas as a result of dependence on old hydrographic surveys and noted that, in order to develop up to date charts for these areas, substantial technical co-operation would be required between developed and developing coastal states on a regional basis.

In the revised chapter V of SOLAS, entry into force 2002, Regulation 9 Hydrographic services states:

Contracting Governments undertake to arrange for the collection and compilation of hydrographic data and the publication, dissemination and keeping up to date of all nautical information necessary for safe navigation.
In particular, Contracting Governments undertake to co-operate in carrying out, as far as possible, the following nautical and hydrographic services, in the manner most suitable for the purpose of aiding navigation: .1 to ensure that hydrographic surveying is carried out, as far as possible, adequate to the requirements of safe navigation; .2 to prepare and issue nautical charts, sailing directions, lists of lights, tide tables and other nautical publications, where applicable, satisfying the needs of safe navigation; .3 to promulgate notices to mariners in order that nautical charts and publications are kept, as far as possible, up to date; and .4 to provide data management arrangements to support these services.
Contracting Governments undertake to ensure the greatest possible uniformity in charts and nautical publications and to take into account, whenever possible, relevant international resolutions and recommendations. (refers to the appropriate resolutions and recommendations adopted by the International Hydrographic Organization.
Contracting Governments undertake to co-ordinate their activities to the greatest possible degree in order to ensure that hydrographic and nautical information is made available on a world-wide scale as timely, reliably, and unambiguously as possible.

(ote that this in effect says that you can't navigate a merchant ship using other than Government charts)
 
Re: Chapter and verse:

I don't have a copy but I understand that Appendix 6 to resolution A.817(19), as amended, allows the backup to be an independant ECDIS and so the carriage of paper charts is not mandatory for SOLAS vessels as far as IMO are concerned (flags, and indeed owners, may require otherwise of course). All providing that government ENC's are used.

As I say I don't have the actual Appendix, only a reference to it (that in Primar Stavanger documentation) nor arguing that it is necessarily good practice.

Is that your understanding Mirelle?

John
 
Precisely so, John.

That is dead right.

And I understand that it is done, experimentally - the long amendment allowing RCDS to be used in an ECDIS is what makes it possible as there is not world coverage for ENCs yet (and may never be).

Friend in the trade has argued for a long time that three interswitched display stations, each of which can display 3cm radar, 10cm radar and an ECDIS, with two independent ECDIS units, would meet the requirement rather elegantly.

In practice, most ships that I know of navigate on an unholy mixture of paper charts and C-map!
 
Re: Precisely so, John.

In about 1970, the Royal Institute of Navigation held a series of working parties on what might be the minimum requirements for navigational equipment for a putative Channel Crossing by sailing yacht. I think they were thinking of heading off Government legislation by making such basic kit a "voluntary" option on all boats.

I used to be a member, but am no longer. Does anyone have any contacts in the RIN to see if they have a current opinion ?
 
Re: Chapter and verse:

that wsa my understanding too. I carry 3 chartplotters with full cartography for my entire area - I do not carry paper charts to the same extent.

reference the earlier insurance issue - if you are complying with SOLAS V you are in a very strong position were any insurer to take a contrary view (which I do not believe for one minute they would). It also follows that a leisure craft relying on a single electronic chart is in the same position unless it failed and they subsequently had a 'navigation orientated' claim. However even here the insurer would have to prove that the lack of a suitable paper chart was the direct cause of the claim (or possible aportionment) which given the number of claims in similar circumstances by boats that do have the charts on board would again be difficult to prove!
 
Electronic Charts - Beware C-Map\'s disclaimer

Every time I switch on my Navman plotter with C-Map cartridges, the unit first opens on an information screen that requires acknowledgement that you have read it before you can proceed to use the plotter. It says, in precis...

"C-Map charts are neither verified nor approved by [any] Hydrographic Authorities, that they are designed only to ease and speed navigational calculations so must not be relied upon as a source of primary navigational information, but used as a backup".

Seems quite clear to me that legally these things are not intended to replace paper so you still need to carry as much paper as you would reasonably need for the passage you are intending to make.

It is the same with other digital charts, I wonder, or only C-Map?
 
Re: Electronic Charts - Beware C-Map\'s disclaimer

I think you're wrong about that. I've had a good look on the C-Map website and cannot find anything that sheds any light on this either way, but re-reading the waiver on the start-up screen, preceding the text I posted earlier (which was virtually verbatim) the first lines read....

"C-Map electronic charts (ECs) are derived from...which we believe to be accurate. They are neither verified nor approved...etc."

It is quite clear that this waiver is from C-Map, not Navman. Whether all other EC providers have the same or similar waivers, or not, I don't know but the C-Map cartridges that I have (and these are this year's) certainly do.

FWIW, I have found material errors in C-Map cartography of the sort that could result in a serious loss.

Another point that nobody has raised so far in this thread is that cartridges such as C-Map cannot be updated by Notices so they are out of date the minute you go to sea by typically several months(!!). Most of us yachties probably keep them for several years and rely on lights books, etc., to update us together with the occasional up to date chart when the need arises (e.g. Chenal du Four and Brest if sailing around there at night).
 
Re: Electronic Charts - Beware C-Map\'s disclaimer

going to do a double check but I am reasonably sure that two of my plotters that I can run 2 different charts on both show the same message with both charting - neither c map though.

re up to date charts I agree with your message re out of date - I only use them for the solid bits!
 
Re: Electronic Charts - Beware C-Map\'s disclaimer

There is no such waiver on the official electronic charts that is any different to their paper charts as far as I am aware (certainly on the ones I have). The ECS I have is designed for navigation (it is actually a cut down version of the same company's ECDIS) and it has no disclaimers along the "not to be used for navigation" lines either.

I made the decision to stick with official electronic charts after coming across a commercial cllient who used (only as a secondary aid) non official ones on plotters and there were plain errors on them in his home waters even though very well surveyed (so similar to your experience). Does mean one has to go to a computer tho' (I am unaware of any pleasure plotters that use official charts, but stand to be corrected on that) which is, of course, a problem for some boats.

John
 
Re: Electronic Charts - Beware C-Map\'s disclaimer

I've never heard of 'official' electronic charts but then again, a waterproof, affordable purpose-buit plotter is essential to me, I only use the laptop for passage planning and radio stuff.

It is interesting that C-Map is very popular with commercial shipping, indeed, it is the market leader, I believe. Surely they don't have a waiver? And, surely, they have the ability to correct the charts? It's all very odd...I would have thought that the ability to correct would have been an obvious and essential requirement for any ECS and far easier to carry out than corrections on paper charts. In fact, they could be corrected by download, fully, accurately, in seconds. The supplier who makes that possible at an affordable price will have a major advantage over his competitors.
 
Re: Electronic Charts - Beware C-Map\'s disclaimer

I've never heard of 'official' electronic charts

These are the electronic charts produced by the likes of UKHO, etc (eg governments of France, USA, Australia, etc, etc).

They are the only electronic charts approved by IMO for the navigation of SOLAS vessels and for that they must only be used on type approved ECDIS.

Non type approved ECS eg using C-Map can only be used to assist navigation on SOLAS vessels, so same situation exists for SOLAS vessels as the disclaimer you have mentioned with respect to your own equipment - it cannot be relied on for navigation, only the official paper charts or official electronic charts can be and then those have to be displayed on type approved ECDIS.

John
 
Re: Electronic Charts - Beware C-Map\'s disclaimer

I find that quite comforting. The thought of huge commercial ships belting along the coasts with nothing better than C-Map's offering is a little disconcerting! How do the official systems handle corrections?
 
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