What PSCO should do if deficiencies are found on board
The Paris MoU has issued guidance regarding action taken by the PSCO if deficiencies are found on board. In general, PSCO must decide on the appropriate action to be taken, be satisfied that they will be rectified and also decide if it is a ground for detention. In principle all deficiencies should be rectified before the departure of the ship. This does notmean that every deficiency must be checked as rectified by the PSCO.
Appropriate actions to be taken include, among others:
– requesting further information
– consultation with Flag and/or R.O.
– immediate or future rectification
– allowing a ship to proceed to a repair port
Principles governing rectification of deficiencies or detention of a ship
In taking a decision concerning the rectification of a deficiency or detention of a ship, the PSCOwill take into consideration the results of the more detailed or expanded inspection carried out inaccordance with section 3 of the Memorandum and the procedures for the detention of ships of all sizes.
The PSCO will exercise professional judgment in determining whether to detain the ship until thedeficiencies are rectified or to allow it to sail with certain deficiencies without unreasonabledanger to the safety, health, or the environment, having regard to the particular circumstances ofthe intended voyage As regards minimum manning standards and the provisions of the relevantILO Conventions, special procedures will be observed.
Detention related to minimum manning standards and certification
Before detaining a ship for reasons of deficient manning standards and certification, thefollowing will be considered
- length and nature of the intended voyage or service;
- whether or not the deficiency poses a danger to ships, persons on board or theenvironment;
- whether or not appropriate rest periods of the crew can be observed;
- size and type of ship and equipment provided; and
- nature of cargo.
Procedures for the detention of ships of all sizes
When exercising professional judgement as to whether or not a ship should be detained thePSCO will apply the following criteria:.
Timing: ships which are unsafe to proceed to sea will be detained upon the firstinspection irrespective of the time the ship will stay in port;
Criterion: the ship will be detained if the deficiencies on a ship are sufficiently serious tomerit a PSCO returning to the ship to be satisfied that they have been rectifiedbefore the ship sails.
The need for the PSCO to return to the ship classifies the seriousness of the deficiencies.However, it does not impose such an obligation for every case. It implies that the PSC Authoritywill verify, one way or another, preferably by a further visit, that the deficiencies have beenrectified before departure.
Further details may be found by reading Paris MoU Guidance on Detention and Action Taken (Revision 3)
Source: Paris MoU