PROCEDURE AFTER DETENTION OF INDIAN FLAGGED SHIP
Procedures
after Detention
Procedures after 1st detention
When an
Indian flag ship is detained for the first time, the registered
ship-owner (whether through the Master or otherwise) is obliged to inform
the DGS and the concerned RO, giving the details of the deficiencies and
the steps taken by the Master to address the situation. While informing
the DGS, the ship-owner must also indicate the date and time (as in
India), when the vessel "ought to" or "would have sailed", had the vessel
not been so detained. Depending on the nature of deficiencies, necessary
action will be taken by the DGS and communicated to the ship-owner at the
earliest. Only on receipt of such communication from the DGS should the
vessel sail out from the port of detention.
If the
ship-owner is unable to inform the DGS within the stipulated period and
the vessel sails after rectification of deficiencies to the satisfaction
of the detaining Administration, she is not to sail from the next port of
call until an additional SMC (i.e. shipboard) audit and FSI (i.e.,
inspection under Flag State Implementation) is carried out by the
Recognized Organization (R O), or as may be otherwise advised by the DGS.
Such an audit shall meticulously address all elements of the ISM Code,
with special focus on the aspects in which the majority of the
deficiencies have been observed.
The findings of the
audit and the FSI inspection shall be evaluated by the PSC Cell of the DGS, and DG will decide about the sailing of the vessel.Only on
receipt of such information, the vessel may sail out from such port.
Procedures
after 2nd Detention
When an
Indian flag ship is detained the second time within two years (as from the
date of second detention counting backwards), the case shall be brought to
the notice of the PSC Cell of the DGS by the registered ship-owner
(through the Master or otherwise). The PSC Cell hall bring this to the
notice of the Director-General of Shipping, and, irrespective of the
detaining authority / MOU, the following surveys must be carried out,
before the vessel sails from such port of detention :-
If the
date of the detention falls within the (plus or minus) 3 - month's window
period for the annual survey(s) pertaining to the Convention(s) / Code(s)
on which deficiencies have been observed, such surveys must be completed,
before the ship sails from such port of detention.
OR
If the
date of the detention falls within the entire stipulated window period for
the periodical / intermediate(s) pertaining to the Convention(s) / Code(s)
on which deficiencies have been observed, such surveys must be completed,
before the ship sails from such port of detention.
OR
If the
date of the detention does not fall within any window period, after
clearing the PSC deficiencies the vessel is to be put up for general
examination, by Surveyor(s) as may be decided by the DGS, and in the
presence of the ship-owner's competent representative. Such Surveyor(s),
by using their professional judgment shall decide whether additional
in-depth surveys are required or not, the scope / extent of such surveys being as required for
"annual surveys".
If during
the surveys carried out above, it becomes apparent to the DGS / RO that
the Safety Management System(SMS) on board is not properly implemented,
the following actions shall be taken :-
Depending
on the nature of deficiencies, DGS may depute a Flag State Surveyor /
auditor, in addition to the RO.
Procedures after 3rd or more Detentions :-
When an
Indian flag ship is detained for the third time or more, within two years
(as from the date of the last detention counting backwards) irrespective
of the detaining authority / MOU, the PSC Cell of the DGS is to be
notified forthwith by the registered ship-owner. The PSC Cell shall then
communicate this to the Director-General and further necessary action will
follow as may be decided on by the Director-General of Shipping, based on
the merits of the case.
Under no
circumstances the vessel should sail from the port of detention, unless
the ship-owner or the Master of the vessel, received a formal
communication to such effect from the DGS.
Procedures
for Banned Ships
When an Indian flag
ship is banned by a certain MOU, the following procedure is required to be
followed, provided the DGS considers such banning to be justifiable :-
All
Survey(s) to the extent of renewal surveys shall be carried out, in the
areas in which serious deficiencies have been observed.
An
additional audit of the company's shore based operations (i.e. DOC), as
applicable for the relevant ship-type, shall be carried out by the Flag
State auditors. The audit shall address all elements of the ISM Code and,
particularly the extent of its effective implementation.
Flag
State & R.O. shall carry out an additional SMC (shipboard) audit.
Findings
of such surveys and audits and decision taken thereon by theDGS, shall be
communicated to the ship-owner, without delay.
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