4.3 Compliance with International Conventions
Port State control inspections are not to be carried out in a vacuum. Various
conventions of the IMO, the International Labour Organisation (ILO) and to some
extent the World Health Organisation (WHO) have provided the requisite framework for the conduct of port State control. This is to curb the exercise of unfettered
discretionary power that would create unnecessary administrative burden for ships
while in port. The Conventions have thus served as a restraining factor for excesses
of port State control officers.
In respect of MARPOL, for the purposes of compliance with the relevant provisions of MARPOL, port State control officers may look out amongst others, for the
adequacy or otherwise of oily—water filtering equipment, control systems for
monitoring oil discharges, sufficiency of slop tank capacity for the intended voyage,
the availability of oil and cargo record books etc.
Inspections may also be carried out by port State control officers in order to
ensure compliance with the Load Lines Convention. In this regard, they may look
out for the water integrity and seaworthiness of the vessel arising out of exposure to
the elements e.g. corrosion, conditions of the hatches and the water-tight integrity of
the doors, overloading of cargo, and clarity with respect to draught marks.
Port State control inspection may also be carried out to ensure compliance with
SOLAS. In this respect, they may look out for the effectiveness and efficiency of the
electrical, machinery and propulsion systems, adequacy and effectiveness of bilge
pumping mechanisms, the amount of oily water in bilges and the general cleanliness
of the engine room. They may also carry out inspection under SOLAS to ensure the
availability and adequacy of life saving equipment, the capacity to deploy same,
availability of updated charts and Notices to Mariners, availability of fire fighting
equipment, fire alarms and information on fire drills, appropriate and effective radio
communication systems, minimum safe manning requirements as well as competences of the crew.
Vessels are also expected to comply with the provisions of the STCW Convention. In this respect, port State control officers are expected to carry out inspection of
the relevant crew certificates, adequacy of arrangements with respect to watchkeeping, minimum safe manning requirements in accordance with the MLC inspection to ascertain the availability of stores and victuals for the intended voyage and
satisfy themselves regarding the level of sanitation and general cleanliness and
climatic conditions on board and ways for disposal of garbage.
The Collision Regulations (COLREGS) is also one of the international conventions that can form the basis of port State control inspections. In respect of the
collision regulations they may carry out inspection to ascertain the sufficiency of
shapes, navigation lights, sound signals etc. Indeed, compliance with international
conventions is at the heart of port State control inspections. Inspections may also be
carried out to ensure compliance with the International Ship Management (ISM) and
the International Port and Ship Facility (ISPS) Codes.
520
E. K. Mbiah
Port State control inspections are not to be carried out in a vacuum. Various
conventions of the IMO, the International Labour Organisation (ILO) and to some
extent the World Health Organisation (WHO) have provided the requisite framework for the conduct of port State control. This is to curb the exercise of unfettered
discretionary power that would create unnecessary administrative burden for ships
while in port. The Conventions have thus served as a restraining factor for excesses
of port State control officers.
In respect of MARPOL, for the purposes of compliance with the relevant provisions of MARPOL, port State control officers may look out amongst others, for the
adequacy or otherwise of oily—water filtering equipment, control systems for
monitoring oil discharges, sufficiency of slop tank capacity for the intended voyage,
the availability of oil and cargo record books etc.
Inspections may also be carried out by port State control officers in order to
ensure compliance with the Load Lines Convention. In this regard, they may look
out for the water integrity and seaworthiness of the vessel arising out of exposure to
the elements e.g. corrosion, conditions of the hatches and the water-tight integrity of
the doors, overloading of cargo, and clarity with respect to draught marks.
Port State control inspection may also be carried out to ensure compliance with
SOLAS. In this respect, they may look out for the effectiveness and efficiency of the
electrical, machinery and propulsion systems, adequacy and effectiveness of bilge
pumping mechanisms, the amount of oily water in bilges and the general cleanliness
of the engine room. They may also carry out inspection under SOLAS to ensure the
availability and adequacy of life saving equipment, the capacity to deploy same,
availability of updated charts and Notices to Mariners, availability of fire fighting
equipment, fire alarms and information on fire drills, appropriate and effective radio
communication systems, minimum safe manning requirements as well as competences of the crew.
Vessels are also expected to comply with the provisions of the STCW Convention. In this respect, port State control officers are expected to carry out inspection of
the relevant crew certificates, adequacy of arrangements with respect to watchkeeping, minimum safe manning requirements in accordance with the MLC inspection to ascertain the availability of stores and victuals for the intended voyage and
satisfy themselves regarding the level of sanitation and general cleanliness and
climatic conditions on board and ways for disposal of garbage.
The Collision Regulations (COLREGS) is also one of the international conventions that can form the basis of port State control inspections. In respect of the
collision regulations they may carry out inspection to ascertain the sufficiency of
shapes, navigation lights, sound signals etc. Indeed, compliance with international
conventions is at the heart of port State control inspections. Inspections may also be
carried out to ensure compliance with the International Ship Management (ISM) and
the International Port and Ship Facility (ISPS) Codes.
520
E. K. Mbiah