E SUB-COMMITTEE ON SHIP SYSTEMS AND EQUIPMENT 4th session Agenda item 8 SSE 4/8/3 11 January 2017 Original: ENGLISH REQUIREMENTS FOR ONBOARD LIFTING APPLIANCES AND WINCHES Proposed amendments to SOLAS Submitted by China and Hong Kong, China SUMMARY Executive summary: This document proposes amendments to SOLAS for the application by port State control regimes after the implementation of the requirements for onboard lifting appliances and winches Strategic direction: 5.2 High-level action: 5.2.1 Output: 5.2.1.22 Action to be taken: Paragraph 9 Related documents: SSE 3/8 and SSE 3/WP.5 Background 1 This document is submitted in accordance with paragraph 6.12.4 of the document on Organization and method of work of the Maritime Safety Committee and the Marine Environment Protection Committee and their subsidiary bodies (MSC-MEPC.1/Circ.5), and proposes amendments to SOLAS for the application by port State control (PSC) regimes after the implementation of the requirements for onboard lifting appliances and winches (OLAW). 2 During the discussion on which SOLAS chapter should be amended at SSE 3, the Working Group was of the view that this matter required careful consideration, particularly in respect of the validity of ship's certificates. However, it was concluded that a Correspondence Group on OLAW could develop a general structure of a potential goal- and function-based SOLAS regulation without having to decide which particular chapter of SOLAS should be included. Interested Member States and international organizations were invited to submit proposals to SSE 4 on which chapter of SOLAS should be amended. This document proposes making reference to relevant operational requirements in SOLAS chapter XI in the potential amendments to SOLAS chapter II-1 with a view to ensuring smooth operation of port State control inspections after the implementation of the requirements for OLAW, and invites the SSE Sub-Committee to consider the proposals to avoid undue delays or detention of ships by PSC. https://edocs.imo.org/Final Documents/English/SSE 4-8-3 (E).docx SSE 4/8/3 Page 2 Discussion 3 Requirements for safety and surveys of onboard lifting appliances are derived from those developed by the International Labour Organization (ILO). Although the Correspondence Group has developed goal- and function-based SOLAS requirements which cover the requirements for the design, construction, installation, operation, maintenance and inspection of OLAW, in the event of substantial defects of equipment found upon inspection, the equipment should not be used until an appropriate remedial action has been taken. The defects of OLAW seldom affect the safety of the ship unless such appliances are part of the life-saving equipment. Therefore, the ship remains fit to proceed to sea without endangering the ship or persons on board in accordance with SOLAS regulation I/11(a). Respectively, the Cargo Ship Safety Construction Certificate or the Cargo Ship Safety Certificate of the ship are still valid and shall be accepted by port State control authorities according to SOLAS regulation I/19(b). 4 As for which SOLAS chapter is considered suitable to be amended for OLAW, it is the co-sponsors' opinion that the most appropriate solution will be the addition of a new chapter based on the consideration that OLAW are not substantively related to the safety construction, safety equipment and navigation of the ship. The Correspondence Group was of the view that the introduction of requirements for OLAW in SOLAS chapter II-1 was more appropriate than their inclusion in the chapter related to the Cargo Ship Safety Equipment Certificate. In addition, attention should be paid to the coordination between the ILO certificate and SOLAS certificate when the amendments enter into force. 5 To add the requirements for OLAW in SOLAS chapter II-1 can ensure relevant implementation; however, the objectives of SOLAS regulations I/11(a) and I/19(b) should be clarified in order to avoid any misapplication that could lead to the invalidation of the Cargo Ship Safety Construction Certificate or the Cargo Ship Safety Certificate, which may consequentially cause undue delay or a PSC detention. 6 If the requirements for OLAW are included in SOLAS chapters VI or XI-1, the potential risk mentioned in paragraph 5 above can be avoided. 7 PSC authorities should be made aware that the ship remains fit to proceed to sea without endangering the ship or persons on board if substantial defects of the OLAW do not compromise the safety of navigation of the ship. It is more appropriate to subsequently amend the PSC requirements in SOLAS regulation XI-1/4 "Port State control on operational requirements" which involves the application of the requirements for OLAW. Proposal 8 In order to ensure that the measures for routine maintenance and inspection of the OLAW meet the requirements so as to reduce OLAW-related accidents as well as preventing undue delay or PSC detention, it is proposed: .1 adding a new paragraph 5 in SOLAS chapter XI-1/4 as follows: "Where the onboard lifting appliances specified in regulation II-1/3-XX are not used as onboard safety equipment, the Cargo Ship Safety Construction Certificate or the Cargo Ship Safety Certificate of the ship will continue to be valid, provided that the safety of navigation is not affected."; and https://edocs.imo.org/Final Documents/English/SSE 4-8-3 (E).docx SSE 4/8/3 Page 3 .2 adding a note in SOLAS chapter II-1 to refer to SOLAS chapter XI-1 when the requirements for OLAW are included in SOLAS chapter II-1, which would read as follows: "For requirements related to port State control with regard to this regulation, refer to regulation XI-1/4.5." Action requested of the Sub-Committee 9 The Sub-Committee is invited to consider the proposal in paragraph 8 above, and take action as appropriate. ___________ https://edocs.imo.org/Final Documents/English/SSE 4-8-3 (E).docx
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