Paris MoU has published guidance for PSC authorities to advise about actions taken in case of a detention onboard during a PSC inspection.
In principle, all deficiencies should be rectified before the departure of the ship. This does not mean that every deficiency must be checked as rectified by the PSCO.
If deficiencies are found the PSCO must:
- decide on the appropriate action to be taken.
- be satisfied that they will be rectified.
- decide if it is a ground for detention.
Goals and purpose
The following gives guidance on grounds for detention and in Annex 1 on the use of the standard action taken codes relating to an individual deficiency or to the PSC inspection. The action taken codes are grouped as follows:
- Deficiency Action Taken
- Inspection Action Taken
- Reporting Action Taken
Actions taken are allocated a code number which a further detailed below. This provides a shorthand method of recording the action taken if the report of inspection is completed manually.
Appropriate actions to be taken include, among others:
- requesting further information
- consultation with Flag and/or R.O.
- immediate or future rectification
- detention
- allowing a ship to proceed to a repair port
According to Paris MoU, the PSCO will exercise professional judgment in determining whether to detain the ship until the deficiencies are rectified or to allow it to sail with certain deficiencies without unreasonable danger to the safety, health, or the environment, having regard to the particular circumstances of the intended voyage As regards minimum manning standards and the provisions of the relevant ILO Conventions .special procedures set out in relevant PSCC Instructions will be observed.
Detention related to minimum manning standards and certification
Before detaining a ship for reasons of deficient manning standards and certification, the following will be considered, giving due regard to 2.3.4.12:
- length and nature of the intended voyage or service;
- whether or not the deficiency poses a danger to ships, persons on board or the environment;
- whether or not appropriate rest periods of the crew can be observed;
- size and type of ship and equipment provided; and
- nature of cargo.
Deficiency action taken
- Rectified (code 10) : Use for a deficiency which has been rectified and verified by a PSCO.
- To be rectified at next port (code 15) : Use for a deficiency which cannot be rectified before departure but which the PSCO requires the
rectification at the next port. - To be rectified within 14 days (code 16) : Use for a deficiency which, in the PSCO’s professional judgement, is not serious enough to require
urgent rectification or verification by a PSCO before departure. This action taken sets a maximum limit of 14 days but it is left to the master’s responsibility to rectify the deficiency as soon as necessary and reasonable within that period. - To be rectified before departure (code 17): Use for a deficiency which: should be rectified before the ship sails but is not serious enough to warrant detention, or/and can reasonably be rectified before the ship sails. If the ship is not detained it is left to the master’s responsibility to rectify the deficiency before departure. No verification by a PSCO is required (at that port call). If a deficiency which is to be rectified before departure is verified by a PSCO as rectified before the ship departs it should be recorded as rectified.
