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MEO CLASS 1 · ORAL QUESTION 46

What is the process for appeal against a PSC detention?

Answer

When a Port State Control Officer (PSCO) issues a Notice of Detention, the shipowner or operator has the right to challenge the decision.

An appeal follows a multi-tier pathway: starting with national administrative procedures, progressing through Flag State intervention, and ultimately escalating to a regional MOU Detention Review Panel if unresolved.

1. Fundamental Rule: No Suspension of Detention

An appeal does not suspend the Detention Order.

To prevent commercial losses and port congestion, the ship must rectify the critical deficiencies (or be granted permission to sail to an agreed repair yard) and secure official release before proceeding to sea. The appeal process typically runs in parallel or after the ship has been released to clear the company’s safety record and remove the detention entry from regional PSC databases.

2. Three-Tiered Appeal Framework

[ Tier 1: National Appeal ] ──► [ Tier 2: Flag State / RO Intervention ] ──► [ Tier 3: MOU Review Panel ]
(Port State Jurisdiction)         (Government-to-Government Level)             (Regional Review Panel)

Tier 1: National Appeal (Port State Administrative / Judicial Route)

Tier 2: Direct Flag State / Recognized Organization (RO) Intervention

Tier 3: Regional MOU Detention Review Panel (DRP)

3. Evidence Required to Support an Appeal

To successfully overturn a PSC detention, the owner/master must assemble a thorough technical dossier:

4. Financial Compensation & Legal Disclaimer