Port State Control A/W - UK P&I Members Area

LATIN AMERICAN AGREEMENT(ACUERDO DE VIÑA DEL MAR)“BELOW CONVENTION SIZE” SHIPSIn the case of ships under 500 gross registered tons,●Ships which may have recently suffered repeateddeficiencies.participating maritime authorities are asked to use theapplicable provisions of the pertinent instruments and, to theextent they are not applicable, to take the measures necessaryto ensure that the ships concerned are not an obvious hazardto the safety or the marine environment.In addition Annex 1 has the following specific guidelines:“Although a pertinent instrument is not applied to vessels under500 registered tons, it is the surveyor’s task to determinewhether a vessel has an acceptable level as regards safety orthe marine environment. When considering this, the surveyorshould take into account factors such as length and nature ofthe intended trip or service, size and type of vessel, itsequipment and the characteristics of the cargo.When performing the functions established in paragraph4.2, the surveyor shall take as a guide any of the certificatesand other documents issued by the vessel’s flag state. Fromthe analysis of the said certificates and documents and fromhis general impression of the vessel, the surveyor shall use hisprofessional judgment to determine whether the vessel should besubjected to a more detailed survey and in which aspects, takinginto account factors mentioned in paragraph 4.2. Should a moredetailed survey be carried out, the surveyor should, as far ashe deems it necessary, take into account the aspects set forthin paragraph 4.4. Although such enumeration is not complete,it can be used as an example of the most relevant aspects.”FIRST INSPECTIONClause 3.1 states that in fulfilling their obligations, theinspectors initially carry out a survey which consists of a visitonboard the ship in order to check the validity of the pertinentcertificates and documents, as well as the general condition ofthe ship, its equipment and crew. In these initial reviews andcontrol procedures, the inspectors include compliance withonboard operational requirements. In the absence of validcertificates or documents, or should there exist clearindications to consider that the ship, its equipment or crew donot meet the provisions of a pertinent instrument, a moredetailed survey is then carried out.The initial surveys are carried out in accordance with theprocedures set out in Annex 1, which provides detailedguidelines for the surveyors. In particular at Clause 1.2 theguidelines state:“When taking the decision to correct a deficiency or detain avessel, the surveyor shall take into account the results of themore detailed survey performed pursuant to the provision ofSection 3.The surveyor shall use his professional judgement todetermine whether it is convenient to detain the vessel until thedeficiencies be corrected, or authorise the vessel to sail withcertain deficiencies, should this not pose an excessive hazardto safety or the marine environment, taking into account thespecial circumstances of the intended trip. As regards minimumSELECTING A SHIP FOR INSPECTIONClause 3.4 states that the Maritime Authorities should try toavoid surveying ships inspected by any of the otherparticipating Maritime Authorities during the preceding 6months, “unless there exist clear indications of the need forsurveying them” or if the ships are of the type mentioned inClause 3.3 of the Memorandum, in which case the inspectors“shall carry out surveys as may deem proper”.Clause 3.3 provides that when selecting ships for survey,the inspectors should pay special attention to:manning criteria, the special procedures set forth in Section 3shall be taken into account.”Section 3 provides guidelines as to manning and certificationcriteria which, in an interesting variant to the other regionalagreements, states:“The basic principle for the survey of a foreign vessel crewconducted by a port state shall take into account the minimummanning requirements of the vessel flag state… detainment, asa port state measure shall be decided solely upon the groundsset forth in the pertinent instruments and used in conjunction●●Passenger ships, ro-ro ships, and bulk grain carriers.Ships which may pose a special risk, such as oil tankers,gas carriers, chemical tankers and ships carrying dangerousand/or harmful substances and goods in packages.with the opinion of the flag state. Should a prompt answer bedifficult to obtain, and should the deficiency be of such a natureas to render the vessel obviously unsafe for the intended trip orservice, detainment shall be applied”24