Understanding Rule 39 of the COLREGS

For the purposes of the International Regulations for Preventing Collisions at Sea (COLREGS), Rule 39 defines the scope of Part F, which addresses the 'Verification of Compliance' with the provisions of the Convention. While many candidates focus heavily on steering and sailing rules, examiners often pivot to the administrative sections to test the depth of your knowledge regarding the legal framework of the Convention.

What Exactly is Rule 39?

Rule 39 states: "For the purposes of this part, 'Audit' means a systematic, independent and documented process for obtaining audit evidence and evaluating it objectively to determine the extent to which audit criteria are fulfilled." It further defines 'Audit Scheme' as the IMO Member State Audit Scheme established by the Organization and 'Code for Implementation' as the IMO Instruments Implementation Code (III Code).

Essentially, Rule 39 ensures that there is a standardized, regulatory language used when discussing how nations demonstrate that they are upholding the standards set out in the COLREGS. It is the administrative backbone that connects the physical rules of the road to the global oversight mechanisms of the IMO.

Why This Topic Matters for Your MCA Oral Exam

Whether you are sitting for your OOW (Officer of the Watch) oral exam or progressing toward your Chief Mate Unlimited certification, examiners use these "hidden" rules to separate candidates who have only memorized the steering rules from those who understand the Convention as a complete legal document.

When an examiner asks, "What is Rule 39?", they are not looking for a complex technical maneuver; they are looking to see if you are familiar with the structure of the COLREGS beyond just avoiding collisions. Understanding that Part F relates to state compliance demonstrates the professional maturity expected of an officer serving on vessels over 3000GT.

The Examiner's Perspective

During your MCA oral exam, the examiner wants to confirm you understand that:

1. The COLREGS are not just about lights and shapes; they are part of a wider international treaty.
2. Compliance is verified at a governmental level.
3. You are aware that the 'Audit' process is a formal procedure, not merely a shipboard inspection.

Common Pitfalls and How to Avoid Them

Many candidates panic when they reach the end of the COLREGS. They assume that because they rarely deal with audits on the bridge, the rules in Part F are irrelevant. This is a mistake. Here are common pitfalls to avoid:

• Confusing the Audit with a PSC Inspection: Do not confuse the IMO Member State Audit Scheme with Port State Control. Rule 39 specifically deals with the auditing of Member States by the IMO, whereas PSC deals with the inspection of individual ships.
• Ignoring Part F: Many candidates skip Part F entirely. Even if you only memorize the definition, stating that "Rule 39 provides the definitions for the verification of compliance under Part F" will immediately show the examiner you have studied the entire document.
• Vagueness: Do not try to make up a definition for 'Audit' if you forget it. Be honest, but pivot to the context. Acknowledge that it provides the legal basis for the IMO audit process.

Practical Application for the Professional Officer

For an Officer of the Watch, the link between Part F and your daily duties is found in the "Code for Implementation." The III Code provides the standard that Flag States must follow. If your Flag State is audited and found to be deficient in how they enforce the COLREGS, it can lead to increased scrutiny on ships flying that flag, including more frequent detentions during inspections.

As you move up to Chief Mate and eventually Master, your understanding of these administrative rules will influence how you manage your ship’s certification and your relationship with the Flag State authorities.

Exam Tips for Success

1. Use the Correct Terminology: Always refer to it as the 'IMO Member State Audit Scheme'.
2. Structure Your Answer: Start by stating that Part F covers verification of compliance. Then, define 'Audit' as a systematic, independent, and documented process. This demonstrates you have read the text.
3. Stay Calm: If asked about Part F, remember that it is the shortest part of the COLREGS. It is a quick win if you know the definitions.
4. Contextualize: Mention that this ensures global uniformity in how the COLREGS are applied and enforced by governments.

Conclusion

Rule 39 might seem like a dry administrative clause, but in the context of your OOW oral exam, it represents your ability to understand the governance of maritime law. By clearly defining the audit process and recognizing that Rule 39 serves as the bridge between international maritime standards and their practical enforcement, you will distinguish yourself as a candidate who has a comprehensive grasp of the regulations. Remember, the examiner is testing your depth—show them that you are ready for the responsibility of an Unlimited license.