The Merchant Shipping (Port State Control) Regulations 2026

Schedule 3 Criteria for detention of a ship

Regulation 12(5) Introduction 1 (1) Before determining whether deficiencies found during an inspection warrant detention of the ship involved, the inspector must apply the criteria under paragraphs 2 and 3. (2) Paragraph 4 includes examples of deficiencies that may on their own warrant detention of the ship involved for the purposes of regulation 12(5). (3) If the ground for detention is the result of accidental damage suffered on the ship’s voyage to a port, no detention order shall be issued, provided that— (a) due account has been given to the requirements contained in Chapter I, Regulation 11(c) of SOLAS regarding notification to the flag administration, the nominated surveyor or the recognised organisation responsible for issuing the relevant certificate, (b) prior to entering a port, the master or owner has submitted to the Secretary of State details of the circumstances regarding the accident, the damage suffered by the ship and information about the required notification to the flag administration, (c) appropriate remedial action is being taken by the ship to the satisfaction of the Secretary of State, and (d) the Secretary of State has ensured that having been notified of the completion of the remedial action, that deficiencies which were clearly hazardous to safety, health or the environment have been rectified. Main criteria 2 (1) Ships which are unsafe to proceed to sea must be detained upon the first inspection irrespective of how much time the ship will stay in port. (2) This sub-paragraph applies where the ship has deficiencies which are sufficiently serious to merit an inspector returning to the ship to ensure that those deficiencies have been rectified before the ship sails. (3) Where sub-paragraph (2) applies, before the ship is permitted to depart, the Secretary of State must verify that the deficiencies have been rectified— (a) following a further inspection of the ship by an inspector, or (b) through some other means acceptable to the Secretary of State. Application of main criteria 3 (1) When deciding whether the deficiencies found in a ship are sufficiently serious to merit detention the inspector must assess whether— (a) the ship has relevant, valid documentation required under the Conventions; (b) the ship has the crew required for the purposes of the Minimum Safe Manning Document issued under SOLAS, Chapter V, Regulation 14. (2) During inspection the inspector must further assess whether throughout the forthcoming voyage, the ship or the crew, or where relevant the ship and the crew, are able to— (a) navigate safely; (b) safely handle, carry and monitor the condition of the cargo; (c) operate the engine room safely; (d) maintain proper propulsion and steering; (e) fight fires effectively in any part of the ship if necessary; (f) abandon ship speedily and safely and effect rescue if necessary; (g) prevent pollution of the environment; (h) maintain adequate stability; (i) maintain adequate watertight integrity; (j) communicate in distress situations if necessary; (k) provide safe and healthy conditions on board; (l) provide the maximum of information in case of accident. (3) Where the answer to any of the assessments under sub-paragraph (1) or (2) is negative, taking into account all deficiencies found, the ship must be strongly considered for detention. (4) A combination of deficiencies of a less serious nature may also warrant the detention of the ship. Deficiencies considered so serious that they may warrant detention of a ship 4 (1) Matters to consider are as follows. (2) The general matters to consider before detaining a ship are— (a) if certificates and documents as required under the Conventions are lacking; (b) that subject to sub-paragraph (3), the absence of required certificates does not by itself constitute a reason to detain ships flying the flag of States that are not party to a relevant Convention or which have not implemented another relevant instrument; (c) if in applying the ‘no more favourable treatment’ provision in section 2, paragraph 2.3 of the Paris MOU, substantial compliance with the Conventions is required before the ship sails. (3) The following sub-paragraphs include a non-exhaustive list of deficiencies, grouped under the relevant Conventions or Codes, or both, as listed below, which are considered of such a serious nature that they may warrant the detention of the ship involved. (4) The deficiencies under SOLAS are— (a) failure of the proper operation of propulsion and other essential machinery, as well as electrical installations; (b) insufficient cleanliness of engine room, excessive amount of oily-water mixtures in bilges, insulation of piping, including exhaust pipes in engine room contaminated by oil, improper operation of bilge pumping arrangements; (c) failure of the proper operation of the emergency generator, lighting, batteries and switches; (d) failure of the proper operation of the main and auxiliary steering gear; (e) absence, insufficient capacity or serious deterioration of personal life-saving appliances, survival craft and launching arrangements; (f) absence, non-compliance or substantial deterioration of the fire detection system, fire alarms, firefighting equipment, fixed fire-extinguishing installation, ventilation valves, fire dampers, quick-closing devices to the extent that they cannot comply with their intended use; (g) absence, substantial deterioration or failure of proper operation of the cargo deck area fire protection on tankers; (h) absence, non-compliance or serious deterioration of lights, shapes or sound signals; (i) absence or failure of the proper operation of the radio equipment for distress and safety communication; (j) absence or failure of the proper operation of navigation equipment, taking the provisions of SOLAS, Chapter V, Regulation 16.2 into account; (k) absence of corrected navigational charts, or all other relevant nautical publications necessary for the intended voyage, or both, taking into account that a type approved electronic chart display and information system operating on official data may be used as a substitute for the charts; (l) absence of non-sparking exhaust ventilation for cargo pump rooms; (m) number, composition or certification of the crew not corresponding with SOLAS, Chapter V, Regulation 14; (n) failure to carry out the enhanced survey programme in accordance with SOLAS Chapter XI-1, Regulation 2. (5) The deficiencies under the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (“the IBC Code”) Code are— (a) transport of a substance not mentioned in the Certificate of Fitness issued for the purposes of the IBC Code under MARPOL or missing cargo information; (b) missing or damaged high-pressure safety devices; (c) electrical installations not intrinsically safe or not corresponding to code requirements; (d) sources of ignition in hazardous locations; (e) contraventions of special requirements; (f) exceeding of maximum allowable cargo quantity per tank; (g) insufficient heat protection for sensitive products. (6) The deficiencies under the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk are— (a) transportion of a substance not mentioned in the Certificate of Fitness or missing cargo information; (b) missing closing devices for accommodation or service spaces; (c) bulkhead not gastight; (d) defective air locks; (e) missing or defective quick-closing valves; (f) missing or defective safety valves; (g) electrical installations not intrinsically safe or not corresponding to code requirements; (h) ventilators in cargo area not operable; (i) pressure alarms for cargo tanks not operable; (j) gas detection plant or toxic gas detection plant, or both, are defective; (k) transport of substances is to be inhibited without valid inhibitor certificate. (7) The deficiencies under the International Convention on Load Lines 1966 are— (a) significant areas of damage or corrosion, or pitting of plating and associated stiffening in decks and hull affecting seaworthiness or strength to take local loads, unless proper temporary repairs for a voyage to a port for permanent repairs have been carried out; (b) a recognised case of insufficient stability for the purposes of any applicable Convention requirement; (c) the absence of sufficient and reliable information, in an approved form, which by rapid and simple means, enables the master to arrange for the loading and ballasting of the ship in a way— (i) that a safe margin of stability is maintained at all stages and at varying conditions of the voyage, and (ii) that the creation of any unacceptable stresses in the ship’s structure are avoided; (d) absence, substantial deterioration or defective closing devices, hatch closing arrangements and watertight doors; (e) overloading; (f) absence of a draught mark or the draught mark is impossible to read. (8) The deficiencies under Annex I of MARPOL are— (a) absence, serious deterioration or failure of proper operation of the oily-water filtering equipment, the oil discharge monitoring and control system or the 15 parts per million alarm arrangements under regulation 15, Annex I of MARPOL; (b) remaining capacity of slop or sludge tank, or both, is insufficient for the intended voyage; (c) oil Record Book not available; (d) unauthorised discharge bypass fitted; (e) survey report file missing or not in conformity with Regulation 13G(3)(b) of MARPOL. (9) The deficiencies under Annex II of MARPOL are— (a) absence of the Procedures and Arrangements Manual for the purposes of regulation 14, Annex II of MARPOL; (b) cargo is not categorised; (c) no cargo record book available; (d) transport of oil-like substances without meeting the requirements or without an appropriately amended certificate; (e) unauthorised discharge bypass fitted. (10) The deficiencies under Annex V of MARPOL are— (a) absence of the garbage management plan; (b) no garbage record book available; (c) ship’s personnel not familiar with disposal/discharge requirements of garbage management plan. (11) The deficiencies under the STCW and the Merchant Shipping (Standards of Training, Certification and Watchkeeping) Regulations 2022 are— (a) failure of seafarers to hold a certificate of proficiency, to have an appropriate certificate of proficiency, to have a valid dispensation or to provide documentary proof that an application for an endorsement has been submitted to the flag administration; (b) evidence that a certificate has been fraudulently obtained or the holder of a certificate is not the person to whom that certificate was originally issued; (c) failure to comply with the applicable safe manning requirements of the flag administration; (d) failure of navigational or engineering watch arrangements to conform to the requirements specified for the ship by the flag administration; (e) absence in a watch of a person qualified to operate equipment essential to safe navigation, safety radio communications or the prevention of marine pollution; (f) failure to provide proof of professional proficiency for the duties assigned to seafarers for the safety of the ship and the prevention of pollution; (g) inability to provide for the first watch at the commencement of a voyage and for subsequent relieving watches persons who are sufficiently rested and otherwise fit for duty. (12) The deficiencies under the Maritime Labour Convention 2006 (“MLC”) are— (a) insufficient food for voyage to next port; (b) insufficient potable water for voyage to next port; (c) excessively unsanitary conditions on board; (d) no heating in accommodation of a ship operating in areas where temperatures may be excessively low; (e) insufficiently ventilated accommodation; (f) excessive garbage, blockage by equipment or cargo or otherwise unsafe conditions in passageways/accommodations; (g) clear evidence that watchkeeping and other duty personnel for the first watch or subsequent relieving watches are impaired by fatigue; (h) the conditions on board are clearly hazardous to the safety, health or security of seafarers; (i) the non-conformity constitutes a serious or repeated breach of the requirements of MLC (including seafarer’s rights) relating to the living and working conditions of seafarers on the ship, as stipulated in the ship’s maritime labour certificate and declaration of maritime labour compliance. Other areas which may not warrant a detention, but where, for example, cargo operations have to be suspended 5 Failure of the proper operation or maintenance of the inert gas system, cargo-related gear or machinery are considered to be sufficient grounds for stopping cargo operation.