Section 7 - Guidance on Safety Measures for Inbound/Outbound Deficient Vessels

Transport Publication TP 14707 E

Objective

To provide guidance to Port State Control Officers in the Compliance and Enforcement Division ( TME ) and “standby” Marine Safety Inspectors in Vancouver Office on safety measures for inbound/outbound deficient vessels while transiting in Canadian waters, particularly in Juan de Fuca Strait, Haro Strait, Boundary Pass, Strait of Georgia and waters in their vicinity.

General

When a deficiency report of an inbound/outbound vessel is received from the Marine Communications and Traffic Services ( MCTS ), the appropriate Transport Canada Marine ( TCM ) Port State Control Officer ( PSCO ), or Marine Safety Inspector ( MSI ) shall give direction to the Master of the vessel through MCTS without delay.

In determining the appropriate direction to the inbound/outbound deficient vessel, the PSCO or MSI shall take the following factors into account:

the nature of the defect, deficiency, damage, failure or breakdown of the vessel, machinery or navigational/radio equipment,
the type of vessel, its cargo and fuel,
the effectiveness of radio communication (English Language),
vessel location and proximity to land or other navigational hazards,
vessel’s draught in relation to the available depth of water,
weather, visibility, tide, current, wind and sea state,
the time of the day, i.e. daylight or darkness,
the traffic density, and
the maneuverability of the vessel.

Despite the guidance in this document, depending on any special circumstances, the PSCO or MSI may use his/her discretion to impose other appropriate safety measures to the deficient vessel. If in doubt, he/she shall seek advice from the appropriate Manager immediately.

In all cases, the PSCO or MSI shall inform the Master of the inbound/outbound deficient vessel via MCTS that “ the Master is fully responsible for the safety of the vessel and should only proceed if the Master considers it is safe to do so”.

Authority:

Transport Canada Marine Safety Inspectors who have been authorized by the Minister of Transport to carry out inspections respecting the protection of the marine environment for the purpose of Part 9 (Pollution Prevention – Department of Transport) of the Canada Shipping Act, 2001.

“The Master is fully responsible for the safety of the vessel and should only proceed if the Master considers it is safe to do so”

Inbound - Deficient Vessels

Deficiencies	Safety Measures
1. damage - integrity of hull	inform TME direct Master to keep vessel more than 200/100/50/25/12 miles from the nearest land, or assign vessel a place of refuge direct agent to arrange 'class' surveyor or competent person to assess damage and provide a report TCM / CCG / USCG teleconference prepare Briefing Note
2. propulsion, or steering failure	direct Master to take the closest suitable tug(s) of appropriate size and power to be effective direct Master to take precautionary action, such as both anchors ready to let go, towlines rigged fore and aft, etc . if appropriate, direct Master to anchor vessel in one of the six designated positions shown A to F on the CHS Chart #3440, in Royal Roads (48° 25'N 123° 28'W, off Esquimalt / Victoria) to rectify deficiency advise the Manager, Victoria District Office to inspect the vessel before allowing it to proceed inbound
3. twin screws - one failure	Master to confirm operation and maneuverability - if no adverse effect, no restriction
4. cruise ship - one of the two Azipods disabled	ship must not use Inside Passage if neccessary, ship to change routing to avoid restricted waters, narrow channels, navigational hazards, etc .
5. only one steering pump operative, or loss of a required vessel's generator	require the closest suitable tug(s) of appropriate size and power to be effective to escort in Canadian waters rectify deficiency before leaving port
6. only one anchor is available	Master to confirm available windlass and anchor in efficient working order rectify deficiency before leaving port (if in doubt about availability of any anchor, require the closest suitable tug(s) of appropriate size and power to be effective to escort in Canadian waters, and rectify deficiency before leaving port)
7. loss of all radars	when visibility is less than 3 miles, direct Master to seek first available anchorage transit in daylight only with visibility of at least 3 miles additional navigating office on bridge rectify deficiency before leaving port
8. automatic radar plotting aid (ARPA) failure	additional navigating office on bridge to assist manual radar plotting rectify deficiency before leaving port
9. gyro failure	ensure Master to confirm magnetic compass working satisfactory ensure Master to confirm that it is safet to proceed inbound with magnetic compass only additional navigating officer on bridge rectify deficiency before leaving port
10. VHF / INMARSAT / AIS / VDR / speed log / echo sounder / nav. aids	rectify deficiency before leaving port
11. missing navigational charts	contact agent to supply charts at entrance of Juan de Fuca, or Victoria Pilot Station, as appropriate
12. English language difficulty	on arrival port, require English-speaking crew to carry out radio communication test with MCTS Master to undertake that at least one English-speaking crew to be on bridge at all times during transit in Canadian waters, or to employ interpreters(s)

Outbound - Deficient Vessels

Defects/Deficiencies	Safety Measures
1. propulsion failure	direct vessel to anchor if appropriate rectify deficiency and engine trial before leaving port
2. repeated propulsion failure	direct vessel to anchor if appropriate rectify deficiency and engine trial before leaving port require the closest suitable tug(s) of appropriate size and power to be effective to escort in Canadian waters
3. gyro / radar / nav. aids failure	on a case by case basis, may require rectification of deficiency before leaving port

Remarks:

SOLAS , Chapter V Safety of navigation, Regulation 16 Maintenance of equipment, paragraph 16.2 states “Except as provided in regulations I/7(b)(ii), I/8 and I/9, while all reasonable steps shall be taken to maintain the equipment required by this chapter in efficient working order, malfunctions of that equipment shall not be considered as making the ship unseaworthy or as a reason for delaying the ship in ports where repair facilities are not readily available, provided suitable arrangements are made by the master to take the inoperative equipment or unavailable information into account in planning and executing a safe voyage to a port where repairs can take place”.

In short, SOLAS ’s stipulation means PSCO or MSI shall not detain or delay a vessel with certain malfunctions of the shipborne navigational equipment unreasonably. However, it does not preclude PSCO or MSI from imposing appropriate safety measures on such vessel leaving a port, such as tug(s) of appropriate size and power to be effective to escort, and/or daylight transit. Daylight transit may be imposed on part or all of the Canadian waters.

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