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CHAPTER 3 – CONTRAVENTION AND DETENTION
3.1 IDENTIFICATION OF A SUBSTANDARD SHIP
3.1.1 In general, a ship is regarded as substandard if the hull, machinery, equipment or operational safety, is substantially below the standards required by the applicable conventions or if the crew is not in conformance with the safe manning document, owing to, inter alia:
.1 the absence of principal equipment or arrangement required by the conventions;
.2 non-compliance of equipment or arrangement with relevant specifications of the conventions;
.3 substantial deterioration of the ship or its equipment, for example, because of poor maintenance;
.4 insufficiency of operational proficiency, or unfamiliarity of essential operational procedures by the crew; and
.5 insufficiency of manning or insufficiency of certification of seafarers.
3.1.2 If these evident factors as a whole or individually make the ship unseaworthy and put at risk the ship or the life of persons on board or present an unreasonable threat of harm to the marine environment if it were allowed to proceed to sea, it should be regarded as a substandard ship. The PSCO should also take into account the guidelines in appendix 2.
3.2 SUBMISSION OF INFORMATION CONCERNING DEFICIENCIES
3.2.1 Information that a ship appears to be substandard could be submitted to the appropriate authorities of the port State (see section 3.3) by a member of the crew, a professional body, an association, a trade union or any other individual with an interest in the safety of the ship, its crew and passengers, or the protection of the marine environment.
3.2.2 This information should be submitted in writing to permit proper documentation of the case and of the alleged deficiencies. If the information is passed verbally, the filing of a written report should be required, identifying, for the purposes of the port States records, the individual or body providing the information. The attending PSCO may collect this information and submit it as part of the PSCOs report if the originator is unable to do so.
3.2.3 Information which may cause an investigation should be submitted as early as possible after the arrival of the ship, giving adequate time to the authorities to act as necessary.
3.2.4 Each Party to the relevant convention should determine which authorities should receive information on substandard ships and initiate action. Measures should be taken to ensure that information submitted to the wrong department should be promptly passed on by such department to the appropriate authority for action.
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3.3 PORT STATE ACTION IN RESPONSE TO ALLEGED SUBSTANDARD SHIPS
3.3.1 On receipt of information about an alleged substandard ship or alleged pollution risk, the authorities should immediately investigate the matter and take the action required by the circumstances in accordance with the preceding sections.
3.3.2 Authorities which receive information about a substandard ship that could give rise to detention should forthwith notify any maritime, consular and/or diplomatic representatives of the flag State in the area of the ship and request them to initiate or cooperate with investigations. Likewise, the recognized organization which has issued the relevant certificates on behalf of the flag State should be notified. These provisions will not, however, relieve the authorities of the port State, being a Party to a relevant convention, from the responsibility for taking appropriate action in accordance with its powers under the relevant conventions.
3.3.3 If the port State receiving information is unable to take action because there is insufficient time or no PSCOs can be made available before the ship sails, the information should be passed to the authorities of the country of the next appropriate port of call, to the flag State and also to the recognized organization in that port, where appropriate.
3.4 RESPONSIBILITIES OF PORT STATE TO TAKE REMEDIAL ACTION
If a PSCO determines that a ship can be regarded as substandard as specified in section 3.1 and appendix 2, the port State should immediately ensure that corrective action is taken to safeguard the safety of the ship and passengers and/or crew and eliminate any threat of harm to the marine environment before permitting the ship to sail.
3.5 GUIDANCE FOR THE DETENTION OF SHIPS
Notwithstanding the fact that it is impracticable to define a ship as substandard solely by reference to a list of qualifying defects, guidance for the detention of ships is given in appendix 2.
3.6 SUSPENSION OF INSPECTION
3.6.1 In exceptional circumstances where, as a result of a more detailed inspection, the overall condition of a ship and its equipment, also taking into account the crew conditions, are found to be obviously substandard, the PSCO may suspend an inspection.
3.6.2 Prior to suspending an inspection, the PSCO should have recorded detainable deficiencies in the areas set out in appendix 2, as appropriate.
3.6.3 The suspension of the inspection may continue until the responsible parties have taken the steps necessary to ensure that the ship complies with the requirements of the relevant instruments.
3.6.4 In cases where the ship is detained and an inspection is suspended, the port State Authority should notify the responsible parties without delay. The notification should include information about the detention, and state that the inspection is suspended until that authority has been informed that the ship complies with all relevant requirements.
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3.7
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CHAPTER 3 – CONTRAVENTION AND DETENTION
3.1 IDENTIFICATION OF A SUBSTANDARD SHIP
3.1.1 In general, a ship is regarded as substandard if the hull, machinery, equipment or operational safety, is substantially below the standards required by the applicable conventions or if the crew is not in conformance with the safe manning document, owing to, inter alia:
.1 the absence of principal equipment or arrangement required by the conventions;
.2 non-compliance of equipment or arrangement with relevant specifications of the conventions;
.3 substantial deterioration of the ship or its equipment, for example, because of poor maintenance;
.4 insufficiency of operational proficiency, or unfamiliarity of essential operational procedures by the crew; and
.5 insufficiency of manning or insufficiency of certification of seafarers.
3.1.2 If these evident factors as a whole or individually make the ship unseaworthy and put at risk the ship or the life of persons on board or present an unreasonable threat of harm to the marine environment if it were allowed to proceed to sea, it should be regarded as a substandard ship. The PSCO should also take into account the guidelines in appendix 2.
3.2 SUBMISSION OF INFORMATION CONCERNING DEFICIENCIES
3.2.1 Information that a ship appears to be substandard could be submitted to the appropriate authorities of the port State (see section 3.3) by a member of the crew, a professional body, an association, a trade union or any other individual with an interest in the safety of the ship, its crew and passengers
第3章 违章和扣船
3.1不达标准船舶的认定
3.1.1总而言之，如果尤其是由于以下因素，船体、轮机、设备或操作安全实质上低于相关公约所要求的标准，或者如果船员不符合安全配员证书，则认为船舶不达标：
1 缺乏公约要求的主要设备或装置；
2 设备或装置不符合公约的相关规定；
3 船舶或其设备由于保养不良等原因严重损坏；
4 船员对主要操作程序的操作不熟练或不熟悉;
5 船员配员不足或持证船员不足。
3.1.2 如果这些明显理由整体或者个别使船舶不适航，而且使船舶出海会对船舶和船上人员的生命构成威胁，或者对海洋环境构成损害威胁，此船应该被视为一个不达标船舶。港口国监督人员还应考虑到附录2中的准则。
3.2提交有关缺陷的信息
3.2.1 船员、专业机构、协会、工会或任何其他与船舶、船员和乘客的安全有关的个人，可以向港口国有关当局（见第3.3节）提交船舶不合格的资料来保护海洋环境和人员安全。
or the protection of the marine environment.
3.2.2 This information should be submitted in writing to permit proper documentation of the case and of the alleged deficiencies. If the information is passed verbally, the filing of a written report should be required, identifying, for the purposes of the port States records, the individual or body providing the information. The attending PSCO may collect this information and submit it as part of the PSCOs report if the originator is unable to do so.
3.2.3 Information which may cause an investigation should be submitted as early as possible after the arrival of the ship, giving adequate time to the authorities to act as necessary.
3.2.4 Each Party to the relevant convention should determine which authorities should receive information on substandard ships and initiate action. Measures should be taken to ensure that information submitted to the wrong department should be promptly passed on by such department to the appropriate authority for action.
3.3 PORT STATE ACTION IN RESPONSE TO ALLEGED SUBSTANDARD SHIPS
3.3.1 On receipt of information about an alleged substandard ship or alleged pollution risk, the authorities should immediately investigate the matter and take the action required by the circumstances in accordance with the preceding sections.
3.3.2 Authorities which receive information about a substandard ship that could give rise to detention should forthwith notify any maritime, consular and/or diplomatic representatives of the flag State in the area of the ship and request them to initiate or cooperate with investigations. Likewise, the recognized organization which has issued the relevant certificates on behalf of the flag State should be notified. These provisions will not, however, relieve the authorities of the port State, being a Party to a relevant convention, from the responsibility for taking appropriate action in accordance with its powers under the relevant conventions.
3.3.3 If the port State receiving information is unable to take action because there is insufficient time or no PSCOs can be made available before the ship sails,
3.2.2 这些资料应以书面形式提出，以便对情况和所称的缺陷做好文字记录。如果资料是以口头传递的，则应要求提交一份书面报告，并根据港口国的记录，确定提供信息的个人或机构。如果原提供者不能做到，在场的港口国监督官员可以收集这些信息并将其作为港口国监督官员报告的一部分提交。
3.2.3 应在船舶到港后尽早提交可能引起调查的资料，并给予当局足够的时间采取必要行动。
3.2.4 有关公约的每一缔约方应确定哪些当局应收到关于不达标船舶的资料和采取行动。应采取措施，确保提交给错误部门的信息应立即由该部门传递给适当的机构采取行动。
3.3港口国应对指称不达标船舶采取的行动
3.3.1 各当局在收到有关认为不达标船舶或指称污染风险的信息后，应立即进行调查并按照上述各节中具体情况的需要采取行动。
3.3.2 收到关于可能导致滞留的不达标船舶信息的当局应立即通知该船旗国所在该船舶区域内的海事当局、领事或外交代表，并要求其开始或协同调查。同样，也应通知经认可的代表其船旗国签发有关证书的组织。但此规定并不能免除作为有关公约缔约国的港口国当局根据有关公约的权力采取适当行动的责任。
3.3.3 如果收到信息的港口国在船舶开航前由于时间不足或无港口国监督官员可派而无
法采取行动，应将有关信息传递给下一个适当
the information should be passed to the authorities of the country of the next appropriate port of call, to the flag State and also to the recognized organization in that port, where appropriate.
3.4 RESPONSIBILITIES OF PORT STATE TO TAKE REMEDIAL ACTION
If a PSCO determines that a ship can be regarded as substandard as specified in section 3.1 and appendix 2, the port State should immediately ensure that corrective action is taken to safeguard the safety of the ship and passengers and/or crew and eliminate any threat of harm to the marine environment before permitting the ship to sail.
3.5 GUIDANCE FOR THE DETENTION OF SHIPS
Notwithstanding the fact that it is impracticable to define a ship as substandard solely by reference
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