Steamship Mutual risk alert on recent incident in Indian waters
The Steamship P&I Club has issued risk alert regarding a recent incident in India due to unauthorised use of a satellite telephone while a vessel was in territorial waters.
In accordance with DGS Order No. 02 of 2012 the unauthorised use of Thuraya, Iridium and other such satellite phones is banned in Indian territorial waters. The legislation for this is Section 6 of Indian Wireless Act and Section 20 of Indian Telegraph Act.
Club understands that port agents of vessels bound for Indian ports routinely make vessel Masters aware of this regulation and yet, despite this forewarning, in the recent incident referred to crew were allowed to use the phone to make a number of personal calls.
Shore monitoring of transmissions by the local authorities identified the vessel and local police/customs initiated an investigation. The maximum fine for breaching the regulation is INR 1,000 and/or imprisonment for three years for each crew member involved.
Moreover, it should be noted that breaches are seen as a state security matter resulting in a complicated and time consuming investigation. Severe delays/detention of the vessel are likely, over and above the crew potentially facing criminal proceedings.
The Club warns operators to be cautious to instruct their Masters to closely follow the instructions of DGS Order No. 2. It is also recommended that Masters keep such phones under their custody for as long as the vessel remains in Indian territorial waters.
Source: The Steamship P&I Club