Regulatory Framework and Applicable Rules
Domain 2 tests the hierarchy behind every other domain: IMO instrument → flag State implementation → statutory certificate → port State control, with classification society rules as delegated technical standards.
The instruments
- IMO: SOLAS, MARPOL, COLREG, STCW, Load Lines 1966/88, Tonnage 1969, Ballast Water Management, AFS, Hong Kong Ship Recycling Convention.
- ILO, not IMO: MLC 2006.
- Codes made mandatory through SOLAS: ISM (Ch IX), ISPS (Ch XI-2), LSA, FSS, IMDG, IMSBC, 2008 IS Code, Polar Code (Ch XIV).
- Flag State enforces through national law, may apply stricter standards, and delegates surveys to recognised organisations under the RO Code.
Port State control
PSC inspects foreign ships against the conventions. No more favourable treatment (MARPOL Art. 5(4), SOLAS I/19) means a ship flying a non-party flag is held to the same standard. Paris and Tokyo MoU risk profiles set inspection frequency; clear grounds escalate a routine visit to a more detailed inspection and possible detention.
Worked example
A ship is detained in Le Havre because her Safety Management Certificate expired three weeks ago, while the company's Document of Compliance remains valid. Correct reasoning: the DOC is company-level, audited annually and valid five years; the SMC is ship-level and valid five years subject to intermediate verification between the second and third anniversary. A valid DOC cannot rescue an expired SMC, so the detention stands until the flag or RO issues a new SMC.
Traps
- Saying "class rules are law" - they bind only through the flag's delegation and the statutory certificate.
- Swapping DOC and SMC.
- Forgetting that SOLAS Chapter V applies to all ships on all voyages, not only international ones.
- Quoting a convention without the chapter or regulation that makes it enforceable.