Port State Control A/W - UK P&I Members Area
Port State Control A/W - UK P&I Members Area
Port State Control A/W - UK P&I Members Area
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PORT STATE CONTROL AND THE USADEFINITIONS AND TERMS OF REFERENCEAPPLICABLE TO THE US COAST GUARD PORTSTATE CONTROL PROGRAMMEThe following definitions are some of those employed by theUSCG in the implementation of its <strong>Port</strong> <strong>State</strong> <strong>Control</strong>Programme and are taken from the MSM Volume I, chapter 19.the crew or other persons responsible for a ship. <strong>Control</strong> maytake several forms including requiring corrective action prior toreturning to the US, requiring a ship to proceed elsewhere forrepairs, denying entry into port, or detaining a ship in port.Deficiency. A condition found not to be in compliance with theconditions of the relevant convention, law and regulation.Clear Grounds. Evidence that the ship, its equipment, or itscrew do not correspond substantially to the requirements ofthe relevant conventions or that the master or crew membersare not familiar with essential shipboard procedures relating tothe safety of ships or the prevention of pollution.Contravention. An act, procedure, or occurrence that is not inaccordance with a convention or other mandatory instrument,or its operational annex.<strong>Control</strong>. The process of imposing a port state’s or flag state’sauthority over a ship to ensure that its structure, equipment,operation and crew meet applicable standards. The process iseffected by any verbal or written directives of the Officer inCharge Marine Inspection (OCMI) or Captain of the <strong>Port</strong> (COTP)or their representatives which requires action or compliance byPERFORMANCE COMPARISONDetention. A control action which restricts a ship’s right of freemovement. The imposition of a restriction on the movement ofa ship constitutes a detention regardless of whether or not adelay from a ship’s normal or expected itinerary occurs.Detentions may be carried out under the authority of SOLAS1974 as amended, Regulation 19, ICLL Article 21; MARPOLArticle 5; STCW Article X and Regulation 1/4; ILO 147 Article4; the <strong>Port</strong>s and Waterways Safety Act; or a US Customs hold.Examination. The process of assessing a ship’s compliancewith the relevant provisions of applicable internationalconventions, domestic laws and regulations. The scope of anexamination shall be to the extent necessary to verify thevalidity of the relevant certificates and other documents, andto ensure no unsafe conditions exist. An examination mayinclude, but is not limited to, checks of documents, certificates,manuals, the ship’s structural integrity, machinery, navigation,pollution prevention, engineering and safety systems,CLASSIFICATION SOCIETYDETENTION RATIO1995DETENTIONRATIO %1996DETENTIONRATIO %AVERAGE %maintenance programmes and crew proficiency.Intervention. A control action taken by a port state in orderDET NORSKE VERITAS 0.53 1.34 0.94AMERICAN BUREAU OF SHIPPING 1.81 0.52 1.19LLOYD’S REGISTER OF SHIPPING 1.48 1.35 1.42NIPPON KAIJI KYOKAI 1.77 1.30 1.53REGISTRO ITALIANO NAVALE 2.87 1.37 2.11KOREAN REGISTER OF SHIPPING 2.23 2.72 2.48BUREAU VERITAS 2.91 2.08 2.50GERMANISCHER LLOYD 3.44 1.97 2.70BULGARSKI KORABEN REGISTER 0.00 7.14 3.70POLSKI REJESTR STATKOW 5.12 4.71 4.91CHINA CLASSIFICATION SOCIETY 3.75 7.32 5.56CHINA CORPORATION REGISTER OF SHIPPING 7.14 7.41 7.27CROATIAN REGISTER OF SHIPPING 9.52 5.88 7.89MARITIME REGISTER OF SHIPPING 7.09 9.65 8.33HELLENIC REGISTER OF SHIPPING 28.57 26.67 27.59ROMANIAN REGISTER OF SHIPPING 31.81 54.55 39.39Source: USGC Web site (July 1997)to bring a foreign flag ship into compliance with applicableinternational convention standards. Interventions areundertaken by a port state when a ship’s flag state has not,can not, or will not exercise its obligations under aninternational convention to which it is a party. This may includerequesting appropriate information, requiring the immediate orfuture rectification of deficiencies, detaining the ship, orallowing the ship to proceed to another port for repairs.Nonconforming Ship. Any ship failing to comply with one ormore applicable requirements of US law or internationalconventions is a nonconforming ship. A nonconforming ship isnot necessarily a substandard ship unless the discrepanciesendanger the ship, persons on board, or present anunreasonable risk to the marine environment.Substandard Ship. In general, a ship is regarded as substandardif the hull, machinery, or equipment, such as lifesaving, firefighting36