SECTION IV. Sea Port.

Chapter 4. Vessels Traffic Control Service (VTCS).

Clause 110. Definition of VTCS.

Within the area of intensive navigation (port and coastal waters, narrows, and convergence or interposition of sea routes) the vessels' traffic control services (VTCS) shall be established by decision of the central body of executive power, ensuring the development and implementation of state policy in the field of maritime and river transport, their function being the radar servicing of vessels.

The range (zone) of performance and an order of traffic within said zone shall be determined by Regulations of traffic in said zone approved by the central body of executive power, ensuring the development and implementation of state policy in the field of maritime and river transport.

The radar servicing, when used in this Code, means monitoring the safety of navigation, vessels' traffic control, radar pilotage, assisting vessels during salvage operations, providing information on vessels' traffic, condition of aids to navigation, hydrometerlogical conditions and other factors affecting navigation safety.

The list of services rendered by any given VTCS and an extent to which certain radar services are compulsory, shall be made public in Compulsory Regulations of the Sea Port Manager, in Sailing Directions and Notices to Mariners.

Beyond the territorial sea of Ukraine VTCS shall render services to vessels on Master's request only.

Clause 111. Legal Status of VTCS.

VTCS shall operate on the basis of the Standard Regulations of VTCS approved by the central body of executive power, ensuring the development and implementation of state policy in the field of maritime and river transport.

In case the range of VTCS's operation covers water areas of several ports, or coastal waters and narrows (it being then referred to as a regional VTCS), the procedure of setting-up and subordination of said VTCS shall be determined by the ports taking part in said VTCS's formation, by agreement with the central body of executive power, ensuring the development and implementation of state policy in the field of maritime and river transport.

Clause 112. Pilot-Operator of VTCS.

The pilot-operators of VTCS shall be citizens of Ukraine meeting the requirements determined by the Regulations of the pilot-operator of VTCS approved by the central body of executive power, ensuring the development and implementation of state policy in the field of maritime and river transport.

Clause 113. Refusal of VTCS to Render Services to Vessel.

In case the Master of the vessel piloted with the aid of VTCS does not follow the recommendations of the pilot-operator of VTCS, the latter shall have the right to refuse further radar pilotage of said vessel, this fact to be obligatorily recorded by technical means. However, even after such a refusal of vessel's pilotage the pilot operator shall remain in communication with said vessel and, should the Master request information required for safe navigation, the pilot operator shall provide said information.

If the Master demands of the VTCS pilot-operator to resume pilotage, his demand shall have to be satisfied.

Clause 114. Liability of VTCS for Incidents.

Liability for incidents (emergencies) caused by the actions of VTCS pilot-operator shall stay with the port to which said VTCS is subordinated.

Said liability shall be limited by the amount of VTCS's average fund formed up of 10 % deductions from dues and charges received during the calendar year preceding the year of the incident.

Clause 115. Payment for VTCS Services.

The vessels using services of VTCS shall pay dues, the amount and the procedure of levying thereof being established by the central body of executive power, ensuring the development and implementation of state policy in the field of maritime and river transport by agreement with the Ministry of Economics of Ukraine.

The Master who requested services from VTCS and then denied said services shall pay the dues for requested services in full.