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Lookout! – issue 14, September 2009

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Countries party to the Tokyo MOU (in black).

Tokyo MOU

In 1993 New Zealand was a founding member of the Asia Pacific Memorandum of Understanding on Port State Control, known as the Tokyo MOU, which is one of a number of regional memoranda with a common goal of eradicating substandard shipping.

While the maintenance of standards on international ships is the prime responsibility of the flag state, SC plays a vital part in supporting the flag state in ensuring the vessels are built, equipped, maintained, managed and operated to the required standard.

Information on inspections is shared between Tokyo MOU member states, and ships are targeted for inspection based on a number of factors – such as previous inspection history, ship type, age and flag – with each ship being given a target factor. This target factor sets the frequency of inspection within a region – the higher the target factor, the more often a vessel will get inspected. Based on intelligence received, ships can be, and often are, inspected by MNZ, regardless of the target factor.

This regional MOU benefits all nations, as deficiencies identified on vessels in one country can be passed on, through a centralised database in Russia, to other countries. Ships can then be targeted for follow-up inspections to ensure that minor deficiencies, not immediately affecting the safe operation of the vessel or impacting on the environment, can be checked on in subsequent ports.

Intelligence on suspected substandard vessels can also be easily passed between administrations. For instance, MNZ received a report that a ship recently sailed from Wellington in an overloaded condition – it was too late for MNZ to deal with at that time, but the vessel has since been inspected and action taken to ensure the vessel was up to standard.

Inspections

MSIs undertake PSC inspections at the major ports of New Zealand. All the MSIs are practical seafarers, having served at sea in senior positions – either as a captain or chief engineer. This experience provides them with both technical knowledge and understanding of the operation of large commercial ships, to enable them to recognise non-compliance and also to oversee the corrective action put in place by the ships.

Ship safety inspections are a pivotal part of the work that MSIs do. They check for anything that could endanger the lives of a ship’s crew, or that could put the marine environment at risk. It’s a highly autonomous and technical role that involves a large degree of responsibility, mostly undertaken alone, and sometimes in the face of commercial pressure to get the ship moving. It is testament to the quality of the staff performing the inspections that New Zealand is seen as a leading nation within countries party to the Tokyo MOU.

A routine inspection will cover all aspects of the vessel’s certification, construction, equipment and operation to some extent, with a focus on compliance with the various safety and environmental protection conventions that New Zealand is party to.

The inspection generally takes 4–5 hours to complete, but is tailored to suit the individual ship and the inspection’s findings. It may be prolonged if the MSI identifies deficiencies, though the inspector always has to be mindful that the MOU conventions do not permit undue delay of the vessel.

Detentions

The ultimate sanction against a vessel is detention. This is the application of the Director of MNZ’s powers under the Maritime Transport Act – where a ship may be held in port until the MSI is satisfied the ship is in a fit state to continue her voyage. Detentions are applied when necessary – where deficiencies that are considered hazardous to safety, health or the environment are identified.

In 2008, MSIs detained 8 vessels, but there has been a marked increase in 2009 – with 10 vessels detained in the first 6 months of the year. Whether this is an anomaly or an indication of a reduction in the standard of vessels coming to New Zealand is yet to be determined.

Reasons for detentions range from certification of the vessel or crew being invalid or missing to significant safety deficiencies – such as those found on a vessel in Lyttelton recently, where the lifeboat davits were found to be significantly corroded and had started to deform under the weight of the lifeboat.

No more flags of convenience

PSC inspections are a vital component of the international regulatory regime, which applies pressure on substandard ship owners to bring their vessels up to scratch, or pay the price in lost earnings. It also protects seafarers by identifying deficiencies before accidents happen. Vessels receive the same level of scrutiny regardless of the flag they fly, closing the loophole where “flags of convenience” were used to operate ships at a lower standard than would be applied elsewhere.

In 2008 MSIs from MNZ completed 561 initial inspections. In the course of these inspections 324 ships were found to have deficiencies, with 1,136 deficiencies found in total – or an average of 2 deficiencies per initial inspection. There were also 360 follow-up inspections to check identified deficiencies had been corrected.

The key message to substandard operators is that we and our friends are watching. If you don’t meet standards, don’t come to our ports.

Simon Graves
Senior Technical Advisor
Maritime New Zealand

For more about PSC

Port State Control in New Zealand: Annual report 2008 [PDF: 633Kb, 16 pages]

 

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