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VTS: lifting the fog of legal liability
Russell Mac William* and Darryl Cooket
In November 1998 a Vessel Traffic Services (VTS) system, linked
to a TrafficSeparation Scheme (TSS), as established at the port of
!ape Ton" In#an$ary %&&& a collision occ$rred beteen to
vessels ithin the !ape TonTSS" The parties ho s$ffered losses as a
res$lt of this collision s$ed the 'ort$thority on the basis that
the VTS operator had failed to provide relevant
information, recommendations, arnins and directions to either of
thevessels" The case settled d$rin the trial" This article e*amines
the liability ofVTS for cas$alties occ$rrin ithin an area monitored
by it, $sin the facts ofthis case to hihlihtthe leal iss$es hich
arise"
I I!TR"D#CTI"!"n the afternoon of $% &anuary $''' a motor
(essel )referred to in this article asVessel D+, -as reaching the
end of her (oyage from .ahia .lanca to Ca/e To-nVessel D -as a bulk
carrier0 -ith a gross tonnage of 120314 tons and she -as
carrying
5'0''' tons of -heat 6s the (essel a//roached Ca/e To-n she
entered fog -hichbecame increasingly thick #nbekno-n to the master
and cre- of Vessel D0 a VesselTraffic Ser(ices system )VTS7,0 -hich
-as linked to a Traffic Se/aration Scheme)TSS+,0 had been
introduced at the /ort of Ca/e To-n on % !o(ember %443 The(essel7s
Ca/e To-n charts had not been u/dated since the introduction of the
VTS andthe TSSThe VTS -as o/erated by the 8ort 6uthority and the
VTS "/erator )VTS"+, -as anem/loyee of the 8ort 6uthority % The TSS
and the VTS e9tend a considerabledistance beyond the /ort limits
but fall -ithin South 6frican territorial -aters TheTSS contains
four re/orting /oints for (essels /roceeding in or out of the /ort
6diagram de/icting the TSS is set out in igure % belo-
+ Senior !o$nsel, practisin at the ar in !ape Ton"t '$pil member
of !ape ar- formerly ttorney, practisin as a director at.airbrides"
The a$thors (toether ith dvocate / 0rae S!) representedthe
plaintiff in the case described in this article" The a$thors ish to
thank
!aptain Terry $hes .N# .2IN for his comments and assistance in
so$rcina n$mber of the p$blications referred to in the article"
1" The VTS3 acted sim$ltaneo$sly as a 'ort !ontrol officer
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B or e9am/le0 in %453 the IM" ado/ted resolution 6%B3 )=STV,0
Recommendationon 8ort 6d(isory Ser(ices SubseEuently in %43B the
IM" ado/ted Resolution 6B3A)%2,0 ?uidelines for Vessel Traffic
Ser(icer5 This Regulation is associated -ith S";6S Regulation VH3
$0 -hich -as ado/ted on2 &une %44A and came into force on %
&uly %4440 as -ell as Regulation VHl$ A See also !athanial
.o-ditch0 The 6merican 8ractical !a(igator0 $''$ .icentennIal
=dition ).ethesda0 Maryland0 $''$,0 13A
8age 15AVTS: ;ITI!? TG= "? " ;=?6; ;I6.I;IT
