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Merchant Shipping Act, 1951 (Act No. 57 of 1951)

Regulations

Merchant Shipping (Eyesight and Medical Examination) Regulations, 2004

Part 2 : Medical Fitness

10. Determination of fitness

 

(1) In determining an applicant's medical fitness, a medical examiner must have regard to the Guidance and the guidelines published in the Code in addition to applying normal medical fitness considerations.

[Regulation 10(1) substituted by Section No. 5 of the Merchant Shipping (Eyesight and Medical Examination) Amendment Regulations, 2015

 

(2) If an applicant is found by a medical examiner to be unfit for service at sea, the applicant, or his or her employer, may, at own expense, appeal against the finding to a medical appeal panel constituted in accordance with subregulation (3).

 

(3)

(a) A medical appeal panel consists of three members appointed by the Authority, of whom—
(i) two must be medical examiners, one of whom must be appointed as chairperson; and
(ii) one must be a specialist physician or surgeon from the appropriate speciality.
(b) A quorum for a meeting of a medical appeal panel is three members.
(c) A decision of the majority of the members of a medical appeal panel is taken to be a decision of the panel.
(d) Subject to this regulation and any directions that the Authority may give, a medical appeal panel may regulate its own procedure.
(e) In determining an appeal, a medical appeal panel may confirm, vary or set aside a medical examiner's finding.