What is the difference between a ship detained and a ship arrested ?
A ship is detained because of a considerable port state control deficiency or multiple deficiencies. With these deficiencies, if the port state officer feels that it is not safe for the ship to proceed to the sea, the ship will be detained. The detention order of the ship is lifted only when the deficiencies are corrected and in the opinion of the port state officer, when the ship is seaworthy.
On the other hand, a ship may be arrested
- Because of willful violation of Local or international rules such as violation of MARPOL
- Because of a local court order, for example, because of a party exercising its lien on the ship.
Excellent Article, to add further to your notes, ARREST: Only a court order can arrest the vessel. DG Shipping, MMD, Harbour Master, Customs donot have powers to arrest a vessel. Even a Naval vessel cannot arrest a vessel. The vessel can only be freed by a court order. DETENTION: Only PSC has control to detain a vessel. In India , only the PO of MMD can detain a vessel.
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