Where are the port State's duties and powers of control written, and in which regulations?
Short answer
| Instrument | Control provision |
|---|---|
| SOLAS | regulation I/19 (certificates, clear grounds, detention, no undue detention); XI-1/4 (operational requirements) |
| MARPOL | article 5 plus Annex I regulation 11, Annex II regulation 16, Annex IV, Annex V regulation 8, Annex VI regulation 10 |
| Load Lines | article 21: loading beyond the marks, marks against the certificate, material alteration |
| STCW | article X, regulation I/4, Code section A-I/4 |
| Procedure | Procedures for Port State Control, A.1052(27), updated by A.1138(31) and A.1155(32); III Code A.1070(28) |
| Regional | Paris MOU, Tokyo MOU (India), Indian Ocean and other MOUs |
- Two levels: certificate control, where valid certificates shall be accepted; and, on clear grounds, a more detailed inspection including operational requirements.
- SOLAS I/19: control of certificates; on clear grounds or an expired certificate the ship does not sail until safe; flag consul notified; no undue detention.
- Operational control: SOLAS XI-1/4 where the crew are not familiar with essential procedures; MARPOL article 5 and Annex I regulation 11 (each Annex has its own); ICLL article 21; STCW article X, regulation I/4, A-I/4.
- Procedure and MOUs: Procedures for Port State Control A.1052(27), updated by A.1138(31) and A.1155(32); regional MOUs (Paris, Tokyo for India) coordinate how the power is used, they do not create it.
- India: DGMA is the port State authority under the Tokyo MOU; MS Act 2025 s.147 lists the conventions and s.308 makes the owner pay detention costs before release.
- As Chief Engineer: valid certificates to hand, no clear grounds, and engineers who can demonstrate bunkering, oil transfer, emergency generator start and steering changeover.
Full answer
The full answer explains each point step by step, with the regulations and figures behind it and the discussion from other candidates. It is in the MEO Class I section of the Marine One forum, open to members enrolled for the MEO Class I exam.