Class and Statutory News

REPUBLIC OF SRI LANKA - MERCHANT SHIPPING SECRETARIAT - CIRCULAR MSN 07/2016 - Port State Control Detention of a Sri Lankan Flagged Ships

04.15.16

Republic of Sri Lanka Circular MSN 07/2016 - Port State Control Detention of a Sri Lankan Flagged Ships

Convention : SOLAS CH IX ISM Code, SOLAS CH XI B ISPS Code

Flag :Sri Lanka

Ship type :ALL TYPES

Republic of Sri Lanka Merchant Shipping Secretariat (MMS) has issued Circular MSN 07/2016 which includes provisions in case of PSC detentions of Sri Lankan flagged ships when additional SMC od DOC audits may be required following the detention. 

Port State Control Detention of a Sri Lankan Flagged Ship 

The company is required to immediately notify the following organizations by means of a facsimile or an email when a Sri Lankan ship is detained by a PSC: 
- The MSS 
- The issuing class of the affected certificate , if applicable 

In addition the company may be required to invite the class on board to assist in clearing up the deficiencies, unless otherwise advised by the MSS. 

Process after a detention 

Reports and correspondence related to the vessel’s PSC and FSI performance in the previous 24 months will be reviewed by the MSS. 
The company shall perform a root cause analysis within 30 days of the detention and take the appropriate corrective actions to prevent similar deficiencies arising in the future. 
The relevant documents shall be submitted to the MSS after the completion of the analysis. 

The imposition of a flag state detention will have the same effect, for the purpose of this process as a PSC detention. 

In addition to the requirement specified below, further additional surveys, flag state inspections, ISM audits and ISPS audits may be required depending on the nature of the detainable deficiencies and the ship’s inspection history. 

The MSS will determine the scope and extent of additional inspections, surveys or audits of shipboard and shore based safety management systems of a 
company when a significant proportion of the company’s fleet has been justifiably detained by PSC. 

Evaluating of detentions 

First detention in a 24 month period 
One or more of the following shall be required by the MSS prior to departure from the port of detention depending on the number and nature of the deficiencies: 
- Additional external ISM audit or 
- Additional ISPS audit 

Second detention in a 24 month period 
If a ship has, in the opinion of the MSS, been justifiably detained twice within a period of 24 months the following shall be completed immediately. 
- An additional ISM SMC audit to the extent of initial audit will be required to ascertain the effectiveness of the Safety Management System on board; 
- An additional ISM DOC audit to the extent of annual audit will be required not later than 30 days from the date of the detention; 
- If the date of detention falls within the +-3month window period for annual or renewal statutory surveys, such surveys shall be conducted prior to the ship sailing. 

Third detention in a 24 month period 
If a ship has, in the opinion of the MSS, been justifiably detained three times within a period of 24 months, all statutory certificates will be suspended. 
In order to reinstate the suspended statutory certification, the following will be required. 
- FSI by the MSS 
- Renewal surveys shall be carried out with no outstanding items or recommendations to the maximum extent possible; 
- An additional ISM SMC audit to the extent of initial audit will be required; 
- An additional ISM DOC audit to the extent of initial audit will be required not later than 30 days from the date of the detention; 

Fourth detention in a 24 month period 
If a ship, in the opinion of the MSS, is justifiably detained for a fourth time within a period of 24 months, the ship will be deleted from the Sri Lankan Register. 
The DOC of the Company will be re-examined and further surveys, inspections and audits of the Company and/or its ships may be required. 

Audits by Recognized Organizations 

Recognized Organizations, when conducting ISM audits, should take into account all deficiencies found in the course of the PSC inspection leading to detention. 
The audit should identify any specific failure of the Safety Management System which may be attributed as a causal factor to the deficiencies arising. 
The audit should also ensure that an appropriate corrective action plan is in place, which is to be implemented and verified within the shortest practicable time frame.