TEC-001 - Issuance And Use Of Statutory Certificates
21 August 2020
Marine Notice 07/20
TO: | ALL SHIPOWNERS, OPERATORS, MASTERS AND OFFICERS OF MERCHANT SHIPS, AND AUTHORIZED CLASSIFICATION SOCIETIES |
SUBJECT: | Issuance and Use of Statutory Certificates |
Reference: |
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Supersedes: Marine Notice TEC-001, dated 06/12
The following changes have been included:
a. The references in the References section and Sections 1.0 and 2.0 are updated.
PURPOSE:
This Notice clarifies terminology used to describe statutory certificates and establishes the Administration’s policy for their issuance and use.
APPLICABILITY:
This Notice applies to all Recognized Organizations and all vessels in the Liberian registry.
REQUIREMENTS:
1.0 “Conditional” Certificates
1.1 The Office of the Deputy Commissioner views "conditional" certificates as being "internal" to class requirements thereby having no validity in the statutory certificate scheme. These certificates should be used as "deficiency letters" or notifications of required corrections or repairs as a condition of class, and nothing more. Some class societies currently utilize these certificates in an inappropriate manner, and it is the Administration’s view that such use has become detrimental to some shipowners.
1.2 When a convention certificate is issued, the issuer is stating that the vessel meets a certain required standard. That standard is assumed to be upheld by the vessel owner until it is time to re-affirm this at the next mandatory annual, intermediate or renewal survey. The use of the term "conditional" and issuance of this type certificate in this regard is misleading. The term “conditional” certificates must no longer, therefore, be used when referring to statutory certificates and the issuance of same to Liberian vessels.
Inquiries concerning the subject of this Notice should be directed to the Office of the Deputy Commissioner, Republic of Liberia, the Liberian International Ship & Corporate Registry, 22980 Indian Creek Drive., Suite 200, Dulles, VA 20166, USA.
The most current version of all Marine Notices are available in the Online Library at: http://www.liscr.com
2.0 Statutory Certificates
With regards to the issuance and use of statutory certificates, the Administration has implemented the following policy:
2.1 Acceptable Forms
Statutory certificates must be issued as either a "full term" certificate, "interim” certificate, or a "short term" certificate.
2.2 Full Term
A "full term" certificate may be issued upon satisfactory completion of an initial or periodical/renewal survey indicating that the ship and its equipment meet the applicable provisions of a particular convention. A “full term” certificate may also be issued or reissued after revalidation when all deficiencies, which may have led to the issuance of a "short term" certificate, are corrected. The certificate is issued in the format prescribed by the applicable convention with a term of validity as set forth in that convention.
2.3 Interim
- An "interim" certificate may be issued by an attending Surveyor upon satisfactory completion of a survey in order to permit the ship to trade while the “full term” certificate is being prepared by the class society's head or regional office.
- Where a change of flag has taken place “interim” certificates should be issued while “full term” certificates are being prepared for the balance of the term of the preceding “full term” certificates.
- These certificates are not to be confused with those issued under the ISM and ISPS Codes by ROs and RSOs which allow ships to operate during the implementation periods allotted for safety management systems and security plans.
2.4 Short Term
.1 .2 .3 | A "short term" certificate may be issued after the Administration’s consent when minor deficiencies are found to exist which do not prevent the ship from proceeding to sea without danger to the ship, to the persons on board or to the marine environment, but which cannot be corrected in the port of survey. There is a need for some form of temporary or “short term” certificate detailing requirements or conditions on a vessel. The issuer of a "short term" certificate is stating that the vessel is temporarily not in full compliance with the applicable statutory requirement but does meet certain required standards that should provide a generally equivalent level of safety for a specified period of time by the expiration of which more acceptable and permanent full compliance is provided. Such a “short term” certificate shall replace the permanent certificate, which is to be removed, and permits a ship to proceed to a port where the necessary corrections will be made. In such cases, the validity of “short term” certification shall not exceed more than one (1) months, except when specifically allowed by the Administration. |
TEC-001 | 2 of 3 07/20 |
The Republic of Liberia
3.0 Conditions for the Issuance of Short Term Certificates
3.1 Referring to the IACS guidance list on detainable deficiencies contained in their Recommendation No.98, “Duties of Surveyors under Statutory Conventions and Codes”, it must be understood that under circumstances which require the issuance of a "short term" certificate, any detainable deficiency must be relegated to minor status first, to the satisfaction of the attending Surveyor, before the vessel will be allowed to proceed under a "short term" certificate.
3.2 In every instance where it is necessary to issue a "short term" certificate, the owner/operator, or class society on behalf of the owner/operator, is to seek the approval of the Administration appraising it of the situation. The Administration shall be provided with a copy of the certificate issued by the class society.
3.3 While the Administration agrees that the owner/operator has a responsibility to make certain that conditions onboard a vessel do not deteriorate after the issuance of a "short term" certificate, this does not relieve the class society from the obligation to monitor and follow up on vessels issued such certificates, especially when the owner/operator has allowed the short term certificate to expire.
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TEC-001 3 of 3 07/20
The Republic of Liberia
