3 Procedures for the detention of ships of all sizes
3.1 When exercising professional judgement as to whether or not a ship
should be detained, the PSCO will apply the following criteria:
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.1 timing: ships which are unsafe to proceed to sea will be
detained upon the first inspection, irrespective of the time the ship will
stay in port; and
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.2 re-inspection criterion: the ship will be detained if the
deficiencies on a ship are sufficiently serious to merit a PSCO returning to
the ship to be satisfied that they have been rectified before the ship
sails.
3.2 The need for the PSCO to return to the ship classifies the
seriousness of the deficiencies.
3.3 When deciding whether the deficiencies found in a ship are sufficiently serious
to merit detention, the PSCO should assess whether:
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.1 the ship has relevant, valid documentation; and
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.2 the ship has the crew required in the minimum safe manning document or
equivalent.
3.4 During inspection, the PSCO should further assess whether the ship and/or crew,
throughout its forthcoming voyage, is able to:
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.1 navigate safely;
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.2 safely handle, carry and monitor the condition of the cargo;
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.3 operate the engine-room safely;
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.4 maintain proper propulsion and steering;
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.5 fight fires effectively in any part of the ship if necessary;
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.6 abandon ship speedily and safely and effect rescue if necessary;
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.7 prevent pollution of the environment;
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.8 maintain adequate stability;
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.9 maintain adequate watertight integrity;
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.10 communicate in distress situations if necessary; and
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.11 provide safe and healthy conditions on board.
3.5 If the result of any of these assessments is negative, taking into
account all deficiencies found, the ship should be strongly considered for
detention. A combination of deficiencies of a less serious nature may also warrant
the detention of the ship.
4 General
The lack of valid certificates as required by the relevant conventions
may warrant the detention of ships. However, ships flying the flag of States not a
Party to a convention or not having implemented another relevant instrument are not
entitled to carry the certificates provided for by the convention or other relevant
instrument. Therefore, absence of the required certificates should not by itself
constitute a reason to detain these ships; however, in applying the "no more
favourable treatment" clause, substantial compliance with the provisions and
criteria specified in these Procedures must be required before the ship sails.
5 Detainable deficiencies
To assist the PSCO in the use of these Guidelines, there follows a list
of deficiencies, grouped under relevant conventions and/or codes, which are
considered to be of such a serious nature that they may warrant the detention of the
ship involved. This list is not considered exhaustive, but is intended to give
examples of relevant items. However, the detainable deficiencies in the area of STCW
1978, listed below, are the only grounds for detention under this Convention.
Areas under the SOLAS 1974
1 Failure of proper operation of propulsion and other essential machinery, as well as
electrical installations.
2 Insufficient cleanliness of engine-room, excess amount of oily-water mixture in
bilges, insulation of piping including exhaust pipes in engine-room contaminated by
oil, and improper operation of bilge pumping arrangements.
3 Failure of the proper operation of emergency generator, lighting, batteries and
switches.
4 Failure of proper operation of the main and auxiliary steering gear.
5 Absence, insufficient capacity or serious deterioration of personal life-saving
appliances, survival craft and launching and recovery arrangements (see also
MSC.1/Circ.1490/Rev.1).
6 Absence, non-compliance or substantial deterioration to the extent that it cannot
comply with its intended use of fire detection system, fire alarms, fire-fighting
equipment, fixed fire-extinguishing installation, ventilation valves, fire dampers
and quick-closing devices.
7 Absence, substantial deterioration or failure of proper operation of the cargo deck
area fire protection on tankers.
8 Absence, non-compliance or serious deterioration of lights, shapes or sound
signals.
9 Absence or failure of the proper operation of the radio equipment for distress and
safety communication.
10 Absence or failure of the proper operation of navigation equipment, taking the
relevant provisions of SOLAS regulation V/16.2 into account.
11 Absence of corrected navigational charts, and/or all other relevant nautical
publications necessary for the intended voyage, taking into account that electronic
charts may be used as a substitute for the charts.
12 Absence of non-sparking exhaust ventilation for cargo pump-rooms.
13 Serious deficiency in the operational requirements listed in appendix 7.
14 Number, composition or certification of crew not corresponding with safe manning
document.
15 Non-implementation or failure to carry out the enhanced survey programme in
accordance with SOLAS regulation XI-1/2 and the International Code on the Enhanced
Programme of Inspections during Surveys of Bulk Carriers and Oil Tankers, 2011
(2011
ESP Code), as amended.
16 Absence or failure of a voyage data recorder (VDR), when its use is compulsory.
Areas under the IBC Code
1 Transport of a substance not mentioned in the Certificate of Fitness or missing
cargo information.
2 Missing or damaged high-pressure safety devices.
3 Electrical installations not intrinsically safe or not corresponding to the Code
requirements.
4 Sources of ignition in hazardous locations.
5 Contravention of special requirements.
6 Exceeding of maximum allowable cargo quantity per tank.
7 Insufficient heat protection for sensitive products.
8 Pressure alarms for cargo tanks not operable.
9 Transport of substances to be inhibited without valid inhibitor certificate.
Areas under the IGC Code
1 Transport of a substance not mentioned in the Certificate of Fitness or missing
cargo information.
2 Missing closing devices for accommodations or service spaces.
3 Bulkhead not gastight.
4 Defective air locks.
5 Missing or defective quick-closing valves.
6 Missing or defective safety valves.
7 Electrical installations not intrinsically safe or not corresponding to the Code
requirements.
8 Ventilators in cargo area not operable.
9 Pressure alarms for cargo tanks not operable.
10 Gas detection plant and/or toxic gas detection plant defective.
11 Transport of substances to be inhibited without valid inhibitor certificate.
Areas under LL 1966 and LL PROT 1988
1 Significant areas of damage or corrosion, or pitting of plating and
associated stiffening in decks and hull affecting seaworthiness or strength to take
local loads, unless properly authorized temporary repairs for a voyage to a port for
permanent repairs have been carried out.
2 A recognized case of insufficient stability.
3 The absence of sufficient and reliable information, in an approved form, which by
rapid and simple means enables the master to arrange for the loading and ballasting
of the ship in such a way that a safe margin of stability is maintained at all
stages and at varying conditions of the voyage, and that the creation of any
unacceptable stresses in the ship's structure is avoided.
4 Absence, substantial deterioration or defective closing devices, hatch closing
arrangements and watertight/weathertight doors.
5 Overloading.
6 Absence of, or impossibility to read, draught marks and/or Load Line marks.
7 The means of freeing water from the deck not in satisfactory or operational
condition.
Areas under the MARPOL Annex I
1 Absence, serious deterioration or failure of proper operation of the
oily-water filtering equipment, the oil discharge monitoring and control system or
the 15 ppm alarm arrangements.
2 Remaining capacity of slop and/or sludge tank insufficient for the intended voyage.
3 Oil Record Book not available.
4 Unauthorized discharge bypass fitted.
5 Failure to meet the requirements of regulation 20.4 or alternative requirements
specified in regulation 20.7.
6 Oily bilge water and/or oil residue accumulated in machinery spaces.
Areas under the MARPOL Annex II
1 Absence of Procedures and Arrangements Manual (P and A Manual).
2 Cargo is not categorized.
3 No Cargo Record Book available.
4 Unauthorized discharge bypass fitted.
Areas under MARPOL Annex III and dangerous goods carriage requirements
1 Absence of a valid Document of Compliance for carriage of dangerous goods (if
required).
2 Absence of a Dangerous Cargo Manifest or detailed stowage plan before departure of
the ship.
3 Stowage and segregation provisions of the IMDG Code chapters 7.1, 7.2, 7.4, 7.5 and
7.6 are not met.
4 Ship is carrying dangerous goods not in compliance with the Document of Compliance
for carriage of dangerous goods of the ship.
5 Ship is carrying damaged or leaking dangerous goods packages.
6 Ship's personnel assigned to specific duties related to the cargo are not familiar
with those duties, any dangers posed by the cargo and with the measures to be taken
in such a context.
Areas under the MARPOL Annex IV
1 Absence of valid International Sewage Pollution Prevention Certificate.
2 Sewage treatment plant not approved and certified by the Administration.
3 Failure of sewage treatment plant.
4 Ship's personnel not familiar with disposal/discharge requirements of
sewage.
Areas under the MARPOL Annex V
1 Absence of the garbage management plan.
2 No garbage record book available.
3 Ship's personnel not familiar with disposal/discharge requirements of garbage
management plan.
Areas under the MARPOL Annex VI
1 Absence of valid International Air Pollution Prevention Certificate
(IAPP Certificate) and where relevant Engine International Air Pollution Prevention
Certificates (EIAPP Certificates) and Technical Files.
2 A marine diesel engine, with a power output of more than 130 kW, which
is installed on board a ship constructed on or after 1 January 2000, or a marine
diesel engine having undergone a major conversion on or after 1 January 2000, which
does not comply with the NOX Technical Code 2008 as amended.
3 The sulphur content of any fuel oil used on board ships exceeds the
limit of 0.5% m/m on and after 1 January 2020.
4 The sulphur content of any fuel used on board exceeds 0.1% m/m while
operating within a SOX emission control area as per the provisions of
regulation 14.
5 Emission reduction by equivalent arrangements are not met.
6 An incinerator installed on board the ship on or after 1 January 2000
does not comply with requirements contained in appendix IV to the Annex, or the
standard specifications for shipboard incinerators developed by the Organization
(resolution MEPC.244(66)).
7 Ship's personnel are not familiar with essential procedures regarding
the operation of air pollution prevention equipment.
8 Absence of valid IEEC (International Energy Efficiency Certificate).
9 Absence of a Statement of Compliance related to fuel oil consumption
reporting on board.
Areas under STCW 1978
1 Failure of seafarers to hold a certificate, to have an appropriate
certificate, to have a valid dispensation or to provide documentary proof that an
application for an endorsement has been submitted to the Administration.
2 Failure to comply with the applicable safe manning requirements of the
Administration.
3 Failure of navigational or engineering watch arrangements to conform to
the requirements specified for the ship by the Administration.
4 Absence in a watch of a person qualified to operate equipment
essential to safe navigation, safety radiocommunications or the prevention of marine
pollution.
5 Inability to provide for the first watch at the commencement of a
voyage and for subsequent relieving watches persons who are sufficiently rested and
otherwise fit for duty.
Areas under AFS 2001
1 Absence of a valid International Anti-Fouling System Certificate or a Declaration
on Anti-Fouling System.
2 Sampling proves it is non-compliant within the port's jurisdiction.
Areas which may not warrant a detention, but where, for example, cargo operations
have to be suspended
Failure of the proper operation (or maintenance) of inert gas systems,
cargo related gear or machinery should be considered sufficient grounds to stop
cargo operation.