2018023：港口国复议案例之GMDSS操作
I. General 概况
1. Ground for detention 滞留理由
The ship was detained due to the following detainable deficiency:（船舶因以下缺陷被滞留）
05118 Operation of GMDSS equipment - SECOND OFFICER NOT FAMILIAR WITH THE OPERATION OF THE GMDSS RADIO 二副不熟悉GMDSS的操作
2. Dispute争议
The flag State did not agree with the detention by the port State Authority and expressed views that:船旗国基于以下内容不同意此次滞留
.1 The Convention reference quoted for the detainable deficiency is SOLAS Chapter IV Regulation 16, which requires radio personnel to have appropriate qualification and certification, but, actually, in addition to the second officer, there are three other officers with the relevant qualification and certificates on board the vessel; therefore it is considered that the vessel fulfilled the requirements for distress and safety radio communication;滞留缺陷的依据出自SOLAS Chapter IV Regulation 16，该条款规定无线电通玄人员胜任并持有相应的证书。事实上，除了二副，船上还有三位船员能够胜任并持有无线电证书。因此，船舶能够满足无线电通讯的责任。
.2 There may be some confusions between PSCOs and the second officer regarding
DSC test call or GMDSS radio; based on ship’s GMDSS logbook, the second officer
demonstrated his ability to carry out DSC test successfully; andPSCO和二副之间对于DSC测试和GMDSS通讯的理解之间有些误会。根据GMDSS记录薄，二副成功的完成了DSC测试。
.3 Evidence provided by the Maritime Operations Centre concerned confirmed that test calls from the vessel during the inspection were successfully transmitted and received; such indicated that the vessel’s equipment was fully operational at the time of the inspection and that shipboard personnel were capable of establishing distress and safety radio communications.根据Maritime Operations Centre的消息，检查期间船舶的测试被成功的接收，这也说明检查期间，船舶设备处于良好状态。船舶操作人员能够保证无线电通讯安全。
Based on the above, the flag State is of the opinion that the detention (code 30) should be reconsidered and downgraded to code 17.基于上述理由，船旗国的观点是，滞留应该改为开航前解决（17）
The port State Authority is of the opinion that:港口国当局理由如下：
.1 The initial action by the second officer in response to the PSCO’s request for a
GMDSS DSC test call was wrong (i.e.: making a voice call rather than a DSC test);初始检查中，二副对PSCO要求GMDSS的操作理解错误（比如：语音呼叫而不是DSC测试）
2. The second officer also failed to provide the reply/acknowledgement from the relevant coast station for the DSC tests during the inspection; and检查期间，二副不能演示应答和确认操作。
3. Based on the muster list, the second officer is the watch keeping officer in charge of operation of GMDSS equipment but he failed to demonstrate the required proficiency;in accordance with procedures set out in paragraph 3.1.1 and subparagraph 3.1.1.4of Port State Control Procedures 2011 (A.1052(27)), this would be considered formaking the ship substandard.基于应急部署表，二副值班期间负责无线电通讯设备的操作，但是不能够精确演示相关操作，根据港口国监督手册（a.1052(27)) 3.1.1.4的要求，该轮应认为低标准船。
Based on the above, the detention was correct基于上述理由，滞留合理。
II. Opinions of the panel复议意见
The panel members reviewed the relevant information and materials received. As the result of evaluation, panel members reached general opinions as follows:复议小组意见如下：
1. Based on guidance for PSC on GMDSS in the PSC Manual, “insufficient number of qualified GMDSS operators and the inability of ship’s radio personnel to use ship’s radio equipment” may warrant detention. But the vessel did have sufficient umber of personnel who could operate the GMDSS equipment correctly as evidenced by the records and logs on board. This is further substantiated by the radio logs available from the coast radio stations;根据港口国操作手册GMDSS导则的部分：“GMDSS操作人员配备不足和主管操作船员不能使用通讯设备”会导致滞留。该轮配备了足够的GMDSS操作人员，根据记录簿，能够有效操作无线电通讯设备。岸站的记录进一步证实了这一点。
2. There is also no sufficient evidence to suggest that the second officer is so insufficiently proficient to render the ship unsafe for sea. Moreover the ship is carrying sufficient radio personnel, even after excluding the second officer, who are qualified;没有充分的证据表明二副不适任。及时排除二副，船上的无线电操作人员配备依然满足要求。
3. Although at the time of testing, the non-acknowledgement of test calls may give the impression that the equipment is not operational or the second officer is not proficient, however after receiving the correspondences from radio station, the Port State should consider to amend the detention since the ship is not considered to be unsafe;尽管测试期间，二副没有进行呼叫缺陷确认，可能导致设备不能操作或二副不适任的印象。但是在收到岸台的回复之后，PSCO应该考虑修改滞留的决定。
4. From the information available, it appears that the PSCO had clear grounds to conduct a more detailed inspection, insofar that the Master or crew (in this case the second officer) was unable to demonstrate operation of a DSC test call. This was attributed to the lack of operational knowledge of the second officer by the PSCO. In this specific case, the presence of 3 PSCOs may have made the second officer nervous, which would have adversely effected his ability to test the equipment. It would be prudent that PSCOs would continue the inspection and return later, after allowing time to test the equipment without the oversight of the PSCO, to ascertain whether the issue was equipment or personnel related; and
根据提供的信息，如果船长或船员不能演示DSC测试，PSCO有充分的证据开展详细检查，这可以归结于二副缺乏的操作知识。在本案例中，三个PSCO一起检查，可能导致二副紧张，对其操作能力有一定影响。为了谨慎起见，PSCO应继续检查，返回后允许二副进行操作，最终确定该项目是设备的原因还是人员的问题。
5. The Convention reference (pertaining to the qualification of the radio personnel (SOLAS Chap. IV/Reg.16)) appeared technically incorrect. The deficiency would perhaps have been better attributed to an ISM deficiency under familiarization required under element 6 of the ISM code.本案中的缺陷依据SOLAS Chap. IV/Reg.16，使用错误。该缺陷归结为ISM第6部分更加合适。
III. Conclusion 结论
The panel members are of the unanimous opinion that the decision of detention was not justified. Therefore, the port State Authority would be asked to reconsider the decision of the detention.复议小组经过无记名投票，认为滞留决定不合理。因此建议港口当局重新考虑滞留决定。
本文节选自东京备忘录复议案例，内容已英文为准，中文有Lee先生提供，仅供参考。
