Question 1

The PSCO asks to see the ship's ISPS documentation and questions the ship's security plan. As Chief Mate, what is your role in ISPS compliance?

Accepted Answer

ISPS CODE — CM ROLE: The International Ship and Port Facility Security Code (ISPS) is mandatory under SOLAS XI-2. The Ship Security Plan (SSP) is the vessel's primary ISPS document. CM ROLE IN ISPS: (1) SHIP SECURITY OFFICER (SSO): on many vessels, the Chief Mate is designated as the Ship Security Officer (SSO). Responsibilities: maintaining the SSP; conducting security drills and exercises; ensuring security equipment is operational; reporting security incidents to the Company Security Officer (CSO); liaising with port facility security officers; (2) ISPS CERTIFICATES: International Ship Security Certificate (ISSC) — must be valid and on board; Continuous Synopsis Record (CSR) — shows the vessel's history of flag, name, and company; (3) SECURITY LEVELS: ISPS defines three security levels: Level 1 (normal); Level 2 (heightened); Level 3 (exceptional). At Level 2 or 3, additional security measures apply; (4) SHIP SECURITY PLAN (SSP): the SSP is CONFIDENTIAL — the CM should NOT show the full SSP to the PSCO unless the PSCO has specific authority. The PSCO is entitled to confirm the SSP exists and is approved — not necessarily to read the detail; (5) SECURITY DRILLS: security drills must be conducted. Records maintained; (6) ACCESS CONTROL: the CM may manage gangway security in port — ensuring access is controlled, visitors are logged, and the gangway watch is briefed; (7) DECLARATION OF SECURITY (DOS): signed between the ship and port when required at Level 2/3. SSP confidentiality vs PSC access: the PSCO cannot demand to read the full SSP (which would compromise security procedures). However, SOLAS XI-2/9.6 provides that the PSCO can verify: the ISSC is valid; the vessel has an approved SSP (without reading it); security measures are being implemented in practice (access control, security log). If the PSCO has "clear grounds" to believe serious security failures exist, they can apply more extensive measures. SSO role on smaller vessels: on many commercial vessels, the Chief Mate is the SSO. On larger vessels, it may be a dedicated security officer. The company designates the SSO. SSO responsibilities include: conducting the periodic security assessment; developing/reviewing the SSP; implementing the plan; record keeping; security drills. Security Level 2 additional measures: restrict access points; intensify vessel monitoring; increase personnel. At Level 3 (when there is a specific threat): potential evacuation of the vessel; suspension of cargo operations; movement restrictions on board. Declaration of Security (DOS): a formal agreement between the vessel and a port or another vessel specifying the security responsibilities of each party. Required at Level 2/3 or when requested by either party. ISPS certification: the ISSC is issued by the flag state or a Recognised Security Organisation (RSO) on behalf of the flag state. It certifies that the vessel has an approved SSP and that the initial security survey was satisfactory.

Question 2

A Paris MOU Port State Control Officer (PSCO) boards your vessel in Rotterdam. As Chief Mate, what does the initial inspection involve and what is your role?

Accepted Answer

PSC INITIAL INSPECTION — CM ROLE: The Paris MOU provides the framework for PSC inspections in European waters. INITIAL INSPECTION — THE PSCO CHECKS: (1) CERTIFICATES: validity of all relevant certificates: (a) Safety Management Certificate (SMC) and Document of Compliance (DOC); (b) SOLAS Safety Equipment Certificate; (c) SOLAS Safety Construction Certificate; (d) SOLAS Safety Radio Certificate; (e) Load Line Certificate (LL); (f) IOPP Certificate (MARPOL Annex I); (g) ISPS (International Ship and Port Facility Security Code) Certificate; (h) MLC Maritime Labour Certificate; (i) Classification Certificates; (j) Minimum Safe Manning Document; (k) Officer's Certificates of Competency; (2) CREW WELFARE: PSCO may interview crew privately about rest hours, wages, food, and access to complaint procedure (MLC inspection); (3) GENERAL CONDITION: visual inspection for obvious deficiencies — corrosion, unsafe equipment, damaged fire equipment, dirty accommodation; (4) ISM: request evidence of ISM implementation — drill records, internal audits, non-conformity reports. CM ROLE: (a) Accompany the PSCO on request; (b) Produce documents immediately — delay suggests non-compliance; (c) Answer questions truthfully and professionally; (d) Notify master of PSCO's findings as the inspection proceeds; (e) Do NOT coach crew on what to say — crew must speak freely to the PSCO. Paris MOU targeting system: uses a risk-based targeting system (Concentrated Inspection Campaigns and the Targeting Factor) to select which vessels to inspect. High-risk ships (older vessels, flags with poor performance records, companies with poor track records) are inspected more frequently. PSC authority: based on UNCLOS, SOLAS, and the MOU framework. Port state has the right to inspect foreign vessels in their ports to verify compliance with international conventions. The inspection right does NOT require cause — any commercial vessel in a Paris MOU port can be selected. The MLC private interview: PSCO may interview crew without the master or CM present. MLC Standard A5.2.1 specifically provides for this. If the CM were present, crew might be reluctant to report MLC violations. The CM must not interfere with MLC crew interviews. Certificate validity vs actual condition (option B): if certificates are valid but conditions are hazardous (fire system not functioning, crew not properly trained), the PSCO can issue deficiency notices and potentially detain the vessel for "clear grounds" — hazardous conditions regardless of paper compliance. Detention criteria: not just paper failures. A vessel CAN be detained for: overriding alarm silenced; inadequate fire drill records; crew unable to demonstrate use of fire equipment; structural deficiencies; significant rest hour violations.

Question 3

After inspection, the PSCO states she has found deficiencies that may lead to detention. What categories of deficiency are "detainable" under Paris MOU?

Accepted Answer

DETAINABLE DEFICIENCIES — PARIS MOU: The Paris MOU defines a "detainable deficiency" as one that poses a CLEAR AND IMMINENT DANGER to safety, health, or the environment. Categories include: (1) ISM CODE: no ISM Certificate; ISM certificate expired; evidence that the ISM is not implemented — no drill records, no non-conformity reports, no audit records; (2) FIRE SAFETY: fire detection system inoperative; automatic fire dampers inoperative; fire main inoperative; CO2 system expired; lifeboat release mechanism seized; (3) NAVIGATION: primary navigation equipment inoperative (radar); no charts or grossly outdated charts; GMDSS equipment inoperative; (4) STRUCTURAL: vessel unseaworthy — hull damage, excessive corrosion compromising watertight integrity; (5) LIFESAVING APPLIANCES: insufficient lifeboats or lifejackets; lifeboat falls overdue; EPIRB expired or inoperative; immersion suits not available or defective; (6) MARPOL: IOPP certificate expired; no Oil Record Book or incomplete ORB; oil-water separator inoperative; (7) MLC: serious MLC violations — crew not paid, inadequate food/water, inadequate rest, serious accommodation deficiencies; (8) CERTIFICATION: officer certificates not valid for the role or expired; vessel undermanned below Safe Manning Document; (9) STCW: unable to demonstrate STCW competencies — crew cannot operate fire equipment, donning drills inadequate. NOTE: a single deficiency can cause detention if it is dangerous. Multiple minor deficiencies together may cumulatively justify detention. Paris MOU detention statistics: approximately 2-3% of vessels inspected are detained. Common deficiency categories include: fire safety/fire fighting equipment; safety in general; life-saving appliances; ISM. The CM's role before inspection: the best PSC preparation is a well-maintained vessel with proper documentation. The CM can reduce detention risk by: maintaining drill records; ensuring equipment is operational and tested; keeping certificates up to date; maintaining accurate ORBs; enforcing rest hours. CM role during inspection: the CM should accompany the PSCO on a walk-through and immediately address minor deficiencies that can be rectified during the inspection. If a fire extinguisher pin is missing — replace it during the inspection. This shows proactive compliance culture and may prevent a deficiency notice for the minor item. Master signing (option D): the master is asked to sign the inspection report to acknowledge RECEIPT of the inspection findings — not to "accept" the detention. Refusing to sign is noted on the report but does NOT void the detention. The PSCO has authority to detain under the port state's national law giving effect to the Paris MOU. Flag state reporting: deficiencies are reported to the flag state. Vessels with repeated deficiencies or detentions are targeted for more frequent inspection. The Paris MOU "black list" and "grey list" identify flag states with poor PSC performance records.