Inspections and Detentions
Inspections
Every selected ship has to pass at least an initial inspection. This includes a check of the relevant certification and documentation of the ship and its crew, as well as a check of the overall condition of the ship including the bridge, the accommodation, the main deck and the engine room. A „paper check“ alone is not sufficient.
If clear grounds are established, as defined in the Paris MoU, a more detailed inspection has to be carried out.The results of every inspection are discussed with the master. Any deficiencies revealed by the inspection are recorded on the inspection report. The timeframe for the rectification of deficiencies is standardised using “action taken codes”, such as “before departure” and “rectify in 14 days”. The inspection report is handed to the master and its contents entered into the Paris MoU database.
Inspection Regime
Following the “Erica” and “Prestige” disasters the EU introduced new legislation through the EU Directive 2009/16/EC, as a replacement to the EU Directive 95/21/EC, which came into to effect on 17 June 2009. Detailed information concerning the regime and the reporting requirements can be found on the Paris MoU website.
Surveys on RoRo Passenger Ships and Passenger High Speed Craft (HSC)
RoRo passenger ships and passenger HSC operating on a regular service are subject to surveys according to the EU Directive 1999/35/EC. This very stringent survey system, which includes operational controls, has been adopted because of the higher potential risk of these ships. The surveys are normally carried out by PSCOs of the Ship Safety Division in co-operation with inspectors from the other States to which the ship calls and the flag state. With 104 surveys of ro-ro passenger ships and passenger HSC in 2008 the requirements of Directive 1999/35/EC have been fulfilled by Germany.
Ship unfit to proceed to sea
When deficiencies are found which render the ship unfit to proceed to sea or which pose an unreasonable risk for the ship, its crew or the environment, the ship is detained in port. The ship is kept under detention until the rectification of all deficiencies has been verified by a duly authorised PSCO.
Appeal Procedure
When deficiencies are found which render the ship unsafe to proceed to sea or that pose an unreasonable risk to safety, health or the environment, the ship may be detained. The PSCO will inform the master that there is a right of appeal. Appeal notice details can be found below.
The appeal shall be made either by:
- Owner (acc. to IMO Company Identifikation Number)
- Operator
The appeal shall be made by letter or fax within one month of notification date of the detention order to:
Dienststelle Schiffssicherheit
BG Verkehr
Ottenser Hauptstr. 54
22765 Hamburg
Germany
Fax +49 (0)40 36137295
You may use mail to appeal.However, in that case a from the appellant undersigned letter has to be attached.
Note: A written appeal against the detention order shall be lodged within one month of notification date. The party is informed on this right on every Administrative Order (Detention form). In accordance with the provisions of Section 80(2)(4) of the Code of Administrative Procedures, any such appeal will not suspend the detention in case the immediate enforcement is ordered. The reinstatement of the suspensory effect can be applied on Verwaltungsgericht Hamburg, Lübeckertordamm 1, 20099 Hamburg.
