В настоящей публикации рассматриваются вопросы, связанные с прохождением судами инспекции контроля государства порта. Автор раскрывает важность такой инспекции для обеспечения безопасности мореплавания, принципы и некоторые детали ее проведения. Особенное внимание уделяется Парижскому, Токийскому и Индоокеанскому меморандумам. Подробно раскрывается подготовка судна к проведению инспекции, а также порядок ее проведения. Особый интерес вызывает освещение вопросов, связанных с задержанием судна в результате инспекции и рекомендации капитанам судов по недопущению этого.
As a ship’s officer, you have probably already experienced that Port State Control (PSC) officials are now boarding ships without announcement, and that they always start their inspection in the Master’s office. As a new Master, using the luxury of your 20 hours in port to advance administrative tasks, you will probably feel uncomfortable having to face a PSC inspection.
PSC inspections, which are a mandatory statutory part of the safety system, may be made on a random basis (initial inspection only), targeted (initial and detailed inspection) or on a periodical, scheduled basis (expanded inspection). So your ship should be ready to face an inspection by a port state at any port, at any time.
Basic principles
Only internationally accepted conventions can be enforced during port state control inspections.
A port state has the authority’ to check that foreign ships visiting its ports meet all the appropriate convention standards. Responsibility for ensuring that ships comply with the provisions of the relevant instruments rests with the owners, and the flag states. Based on the professional judgment of the PSCO, deficiencies can warrant:
- Obligation to repair before sailing;
- Permit to sail with enforcement to repair in a time frame;
- Requirement for an additional audit according to the ISM Code;
- Detention order;
- Banning order.
Rationally, neither the port state nor the ship-owner want the ship to be detained for a long time.
PSC regimes and MOUs
There is a system of regional agreements (MOUs) betw een countries to share port state control information and standards. The three major groups of countries are known as the Paris MOU, the Tokyo MOU, and the Indian Ocean MOU, although the groups cooperate with each other in many ways. US port state control undertakes control measures on a unilateral basis.
In theory, there should be no difference between inspections no matter where the inspection was performed. In practice, there are variations in the way the procedures are interpreted. Details can be found on the websites of the regional agreements or the US Coast Guard. There is no common policy or requirements regarding fees for inspections.
Probability of inspection
Each MOU states what percentage of ships calling should be inspected every year. The Paris MOU aims for PSC inspection of 100% of vessels visiting-that is, all vessels should be inspected at least once during the year; not on every visit); the Tokvo MOU for 75%; the Indian Ocean
MOU: 10%. Some countries seem to measure their performance through the number of ships inspected. There is no clear pattern of detentions, but some countries – including Australia, China, Singapore and India – are more active in detaining ships than others.
Evidence indicates that ships are often re-inspected at intervals of less than six months, particularly when a ship moves between port state regions. Both the ship risk profile and its inspection priority can be found in the PSC database.
Concentrated campaigns focusing on particular aspects of a vessel or its routine are announced well in advance, both in the press and on the MOU’s web sites. [Editor’s note: They are also highlighted in Seaways, in Nautelex – see p 28 for an example.] There are a number of overriding factors that would take a ship to the top of the inspection list and would result in the port state control officer (PSCO) proceeding directly to a more detailed inspection of the ship; for example if information regarding a ship is provided by a member of the crew, a professional body, an association, a trade union or any other individual with an interest in the safety of the ship, its crew and passengers. The PSCO is not required to reveal their source and has no legal obligation to do so.
The most common grounds for detention are deficiencies that are hazardous to health, safety or the environment and failure in crew manning control. The ISM code is relevant as it might show lack of enforcement of safety procedures.
Deficiencies should not be considered as grounds for detention unless the ship intends to sail with the deficiencies un-addressed.
Be prepared
Before port entry
You must notify the port authorities of any damage, broken or missing equipment before entering the port. If authorities are aware of the problem and/or any permanent or temporary remedies agreed with the Flag State or with Class before the port call, the ship is less likely to be detained.
In your final check prior to port entry, include the following items – these are the most common deficiencies found by PSC inspectors (this list is not exhaustive):
- Maintenance of the ship and its equipment;
- Auxiliary engines;
- Life-saving appliances;
- Cleanliness of engine room;
- Ventilators, casing, air pipes;
- Propulsion main engine;
- Charts;
- Emergency lighting, switches and batteries;
- Fire dampers;
- Firefighting equipment and appliances.
These checks will insure that the above items continue to conform to international convention requirements. Other items on “traditional” checklists must be checked on an ongoing basis.
First impressions matter
Before boarding the vessel, the PSCO is likely to walk along the berth and observe the general condition of the ship, the state of the mooring lines and whether or not the draught and load line marks are present and readable. The condition of the paintwork, signs of corrosion, tank leakage or unrepaired damage would give the PSCO an immediate impression of the standard of maintenance on board. Walking on board, the PSCO can check the condition of the gangway and how well it is rigged and secured. If cargo operations are underway, he may then have an opportunity to judge the managerial competence of those running the ship by the apparent level of organisation on deck.
In port
The primary intention of PSCOs is to check the ship’s documents for completeness and validity. The ship’s manning document is examined in addition to the ship’s certificates and documents, and will be given high priority. In addition PSCOs conduct an inspection of various areas on board to check the overall condition ot the ship. Even if you have not reported any deficiencies before arrival, most PCSOs will give you the opportunity to declare whether any known defects exist prior to the inspection starting.
It is essential that certification is valid and up to date; all other necessary documents, manuals and records should, where required, be on board and approved. Reports of previous inspections should also be available and at hand.
Pay attention to ISM certificates. A ship holding interim ISM certificates should expect a particularly close examination and an attempt might be made to verifv that the ship has a functioning safety management system. In the absence of valid ISM certification, the ship may have a banning order placed on her.
A senior officer familiar with the ship should accompany the PSCO ensuring ready access to all spaces. If discrepancies that appear during inspection cannot be fixed on the spot, move on and let the PSCO return later.
Inspections can jeopardise the safe execution of certain on-board operations. As a Master you always have the right to query the direction that an inspection is taking if you believe that the inspection
Inspectios at a glance
Report any accidental damage to the ship while en route to the flag state or the classification society responsible for issuing the ships’certificates at the earliest opportunity;
- Prior to port entry, submit a report to the port state stating the circumstances of the accident and the nature of the damage suffered, if grounds for detention are to be avoided;
- Plans for appropriate remedial action should be put into place, and you should notify the port state once the remedial action has been completed;
- Ensure that any person employed or engaged in any capacity on board holds the appropriate certificate and/or document of evidence;
- If your ship is detained, contact your company and the classification society representative for assistance;
- In case of problems with ship’s statutory certificates or crew’s certificates, your flag administration can assist you in several ways to prevent the ship from being detained;
You can complain to the Port State Authority that has carried out the inspection about a specific inspection.
could interfere with the safety of the crew or indeed cause crew fatigue.
Keep in mind cultural differences: assume that the PSCO is fully qualified, well trained and familiar with ships and always remain positive and cooperative with the PSCO.
If your ship is detained
The PSCO’s powers derive solely from the sovereign State which employs them and they arc subjcct to the national laws of the jurisdiction in which he is operating. If a PSCO decides on the detention of a ship, they will immediately inform the Master and advise him to seek assistance and to arrange remedial action in order not to delay the ship.
Following a detention, the PSCO is required to inform the flag state and the classification society without delay. This notification includes the PSCO’s inspection report. All deficiencies and required rectifications are entered into a database so that other port states can check whether the deficiencies have been rectified.
As Master, you should contact your company and the classification society representative for assistance. Note that rights of appeal van’ according to the jurisdiction. An appeal does not stop the process of detention; therefore a letter of guarantee from the P&I Club is useless.
‘Fhe ship will be kept under detention until the rectification of all deficiencies has been verified by a port state control officer by means of a re-inspection. Your ship is subject to the laws in force in the State in which she is detained.
Detention affects the good execution of the contract for which the ship has been hired and increases costs. As Master, you should make every effort to avoid the risk of detention.
Автор:
Captain Sylvie Buret
Источник:
Seaways. – 2015. – July. – P. 21 – 22.