Relevant documents and M-notices: MSIS24 Part B Chapter 4,
This is a common subject at mate and master level; the candidates understanding of the law and of the practical process of applying for a temporary dispensation are under scrutiny here. This is also a good way of demonstrating your breadth of knowledge and ability to think laterally. What measures might persuade the MCA to let you sail with a broken emergency generator, for example? How about a non-functioning LRIT system?
What is a temporary dispensation?
The MCA’s guidance to surveyors defines a temporary dispensation as:
A temporary substitution of a particular fitting material, appliance or apparatus required by regulation where no specific exemption may be made where the condition of the ship and equipment continues to “correspond substantially” with the requirements of the associated statutory certificate.
Where is this provided for in law?
The power of the certifying authority (the MCA) to dispense is given in the Merchant Shipping Act 1995, Regulation 294:
The Secretary of State may, if he thinks fit, and upon such conditions (if any) as he thinks fit to impose, exempt any ship from any specified requirement of, or prescribed under, this Act other than Chapter II of Part VI, or dispense with the observance of any such requirement in the case of any ship, if he is satisfied, as respects that requirement, of the matters specified in subsection (2) below.
Those matters are—
(a)that the requirement has been substantially complied with in the case of that ship or that compliance with it is unnecessary in the circumstances; and
(b)that the action taken or provision made as respects the subject-matter of the requirement in the case of the ship is as effective as, or more effective than, actual compliance with the requirement.
When would you need a temporary dispensation?
It’s best to illustrate this with an example.
Example 1
Your supply vessel is alongside in Aberdeen harbour. As part of weekly checks the crew go to operate the liferaft davits and find that both davits are seized; they cannot move the falls. A contractor attends the vessel, opens the davits to examine the gearboxes and finds that they are heavily corroded. You are scheduled to sail in three days; after two days the contractor returns the starboard davit gearbox and informs you that the port unit is too badly corroded and that they are having a new component made; this will take at least a week. What do you do?
First thing is first; report the defect to the company (DPA), flag state (MCA) and class. Then you need to set about obtaining a temporary dispensation.
From the Merchant Shipping (Survey and Certification) Regulations 2015, Regulation 10:
whenever an accident occurs to a ship or a defect is discovered, either of which affects the safety of the ship or the efficiency or completeness of its life-saving appliances or other equipment–
(i)it is reported at the earliest opportunity to the Certifying Authority, or a proper officer, and
(ii)if a United Kingdom ship is in such a case in a port outside the United Kingdom it is also reported to the appropriate authorities of the country in which the port is situated.
The certifying authority is the secretary of state (represented by the MCA). In this example you are in a UK port, so you’d report the defect to your DPA, Flag and Class. However, if you were in Oslo, you’d report the defect to your DPA, Flag, Class and the Norwegian government’s maritime branch.
Regarding navigational equipment, SOLAS Chapter V Regulation 16 has this to say:
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.
Note that the above only applies to equipment required by Chapter V. So, while it would apply to a radar unit, it would not apply to a liferaft davit.
How to get a temporary dispensation letter?
Apply directly to your Customer Service Manager or local Marine Office or to the Duty Surveyor if out of hours.
Include in your email a full risk-assessment for sailing with the defect.
Your TDL will either have a stated expiry date, or the expiry date is that of the relevant certificate.
Exemptions and equivalences
Don’t confuse a temporary dispensation with an exemption or an equivalence. The following definitions should help you keep these separate in your mind:
Ship Specific Exemption: An exemption from compliance with a particular regulatory requirement granted in respect of a specific and named ship.
Equivalent: Compliance with a regulation but using an alternative for a fitting material, appliance, apparatus or procedure. An equivalence does not require powers of exemption as a vessel does comply with the regulation, but not in the manner required by the regulation.
Exemptions and equivalences are often issued at build or following a change in legislation. Remember that class cannot issue exemptions, equivalencies or dispensations; only flag can do this.
Temporary dispensations while at sea
You are five miles from Aberdeen, en route to Aberdeen harbour, and your gyro compass fails. Do you need a temporary dispensation?
No. From the MCA guidance to surveyors:
A Temporary Dispensation Letter will not normally be required where a defect is noted whilst at sea where it is intended that the defect will be rectified prior to departure from the next port or where a vessel is in a port where no repair facilities or spares are available.
However, if you reach the harbour, take on some stores and a cargo and plan to head to Antwerp without getting the issue rectified, then you will now need a TDL.
If an issue occurs at sea some owners or managers may request a TDL in order to avoid any issues with port state control. Port state control are not bound to accept this flag state documentation and it is up to their discretion whether the ship can continue to operate, but they would likely look more favourable on a defect that is covered by a dispensation letter.
MCAQs
Does a malfunction of your radar make your ship unseaworthy?
Your gyro compass fails while you are two hours away from Aberdeen harbour. What do you do?
How would you go about obtaining a TDL for a faulty steering gear flat gyro repeater? Explain what sort of information you’d include in your risk assessment.
Describe how would you go about getting temporary dispensations for the following, including what measures you’d put in place as part of the risk assessment:
Non-functioning LRIT
Non-functioning gyro repeater on the starboard bridge wing
Non-functioning gyro repeater in the steering gear flat
Damaged accommodation ladder
Non-functioning liferaft davit
Non-functioning fire alarm speakers
The ships VDR is not working