Merchant Shipping Act, 1951 (Act No. 57 of 1951) Regulations Merchant Shipping (Training, Certification and Safe Manning) Regulations, 2021 Part 1 : General 1. Definitions

 

 

"able seafarer deck"

means a rating certificated in accordance with Part 3, Division 8, and a "certificate of proficiency able seafarer deck" shall be construed accordingly;

 

"able seafarer engine"

means a rating certificated in accordance with Part 3, Division 8, and a "certificate of proficiency able seafarer engine" shall be construed accordingly;

 

"able seafarer (fishing)"

means a rating certificated in accordance with Part 3, Division 8, and a "certificate of proficiency able seafarer (fishing)" shall be construed accordingly;

 

"able seafarer deck (port operations)"

means a rating certificated in accordance with Part 3, Division 8, limited to port operations only, and a 'Certificate of proficiency able seafarer deck (port operations)' shall be construed accordingly;

 

"able seafarer engine (port operations)"

means a rating certificated in accordance with Part 3, Division 8, limited to port operations only, and a 'Certificate of proficiency able seafarer engine (port operations)' shall be construed accordingly;

 

"accredited"

means accredited in accordance with the accreditation requirements set in these Regulations and the procedures of the Authority;

 

"accredited institution"

means a training institution accredited under regulation 81;

 

"accelerated training"

means an accredited on board training programme, closely supervised and monitored by qualified officers, that ensures that the candidate receives systematic practical training and experience in the tasks, duties and responsibilities for which the person seeks to be certificated, without compromising on the quality of training;

 

"approved"

means approved by the Authority;

 

"appropriate certificate"

means a certificate issued and endorsed in accordance with these Regulations entitling the lawful holder to serve in the capacity and perform the functions involved at the level of responsibility specified on a ship of the type, tonnage, power and means of propulsion concerned while engaged on the particular voyage;

 

"approved seagoing service"

means service on board a ship relevant to the issue or revalidation of a certificate or other qualification and 'sea service' has the same meaning;

 

"approved training"

for certification of a particular kind, means training programmes or courses approved for certification of that kind in accordance with Part 4 of these Regulations;

 

"approved trade"

means an engineering trade that incorporates a formal workshop training element which would lead to exemption from modules required by the Training Standards;

 

"approved training record book"

for certification of a particular kind, means a training record book approved for certification of that kind;

 

"assessor"

means a person appointed by the authority to assess the conduct of assessments as set out in these Regulations, as well as assessing suitability of a training course, programme or institution towards accreditation; and when used in relation to Accredited Training Institutions, refers to a person approved by the Authority to conduct Level 1 and 2 assessments of seafarers during a course or programme;

 

"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;

 

"basic training"

means the training as set out in regulation 20(1)(a);

 

"basic training for fishers on fishing vessels ≥24m"

means the approved training for personnel serving on fishing vessels ≥ 24m, as set out in regulation 20(1)(b);(1)(a)

 

"basic training for fishers on fishing vessels <24m"

means the approved training for personnel serving on fishing vessels < 24m, as set out in Regulation 20(1)(c);

 

"candidate"

means a person desiring certification in terms of these Regulations;

 

"certificate" and "certification"

means a certificate of competency or proficiency and may include an endorsement;

 

"certificate of competency"

means a certificate issued and endorsed for masters, officers and radio operators in accordance with the provisions of Chapter II, III, IV or VII of the Annex of the STCW Convention, Chapter II of the STCW-F Convention, and port operation certificates issued under the Act, entitling the lawful holder thereof to serve in the capacity and perform the functions involved at the level of responsibility specified therein;

 

"certificate of qualification"

means a certificate, other than a certificate of competency issued to a seafarer, stating that the relevant requirements of training, competencies or seagoing service have been met; and 'certificate of proficiency' is deemed to have the same meaning as certificate of qualification;

 

"certificated"

means duly certificated under the Act or deemed under the Act to be so certificated;

 

"charge"

has the same meaning as defined in the South African Maritime Safety Authority Act, 1998 (Act No. 5 of 1998);

 

"chief engineer officer"

means the senior engineer officer responsible for the mechanical propulsion and the operation and maintenance of the mechanical and electrical installations of a ship;

 

"chief examiner"

means a person appointed in terms of Regulation 5;

 

"chief mate"

means the deck officer next in rank to the master and upon whom the command of the ship will fall in the event of the incapacity of the master and “mate” has the same meaning;

 

"coastal skipper ≥ 9m"

means a certificate of competency allowing the holder to operate a small vessel of 9m or more on seagoing voyages not exceeding 40 nautical miles offshore, issued in accordance with the Merchant Shipping (National Small Vessel Safety) Regulations, 2007 as amended;

 

"colour vision test"

means a test, required by Part 5 of these Regulations, on a person’s ability to identify and differentiate colours used as signals on ships and their equipment;

 

"contravene"

in relation to a provision of these Regulations, includes failing or refusing to comply with that provision;

 

"deck officer"

means an officer qualified in accordance with the provisions of Part 3, Division 1, 2 and 3 of these Regulations and a ‘Deck Officer Certificate’ shall be construed accordingly;

 

"documentary evidence"

means documentation, other than a certificate of competency or certificate of proficiency, used to establish that the relevant requirements of the STCW Convention or STCW-F Convention have been met;

 

"electro-technical officer"

means a person who is qualified in terms of Division 3 Part 3 with specific competencies in the electronic and electrical skills required for service as a ship's officer in the engine-room department on a ship;

 

"electro-technical rating"

means a person who is qualified in terms of Division 8 of Part 3 for service as s ship's rating in the engine-room department on a ship;

 

"endorsement"

means a document that is appended to a certificate of competency and that modifies the terms of the certificate;

 

"engineer officer"

means an officer qualified in accordance with the provisions of Part 3, Divisions 5, 6 and 7 of these Regulations;

 

"engineer rating"

means a rating certificated as a rating forming part of an engineering watch or an able seafarer engine in accordance with Part 3, Division 8;

 

"equivalent certification"

means a certification contemplated in regulation 120;

 

"examiner"

has the same meaning as assessor as defined in the STCW Convention;

 

"eyesight test"

means a test, required by Part 5 of these Regulations, inclusive of colour vision and visual acuity tests, performed by an approved medical practitioner to ensure that a seafarer meet the eyesight test standards;

 

"fast rescue boat"

means a rigid or semi-rigid inflatable boat used for rescue work and capable of manoeuvring, for at least 4 hours, at a speed of 20 knots in calm water with a crew of at least 3 persons and at a speed of at least 8 knots with a full complement;

 

"fishing vessel"

means a vessel that is used wholly or principally for the taking, catching or capturing of fish or other living resources of the sea or seabed for financial gain or reward;

 

"general purpose rating (port operations)"

means a rating (port operations) certificated as a general purpose rating (port operations) in accordance with Part 3, Division 8; and 'general purpose rating (port operations) certificate' shall be construed accordingly;

 

"GMDSS"

means the Global Maritime Distress and Safety System;

 

"GMDSS radio operator"

means a person who is qualified in accordance with the provisions of Division 4, Part 3 of these Regulations;

 

"GT"

means the gross tonnage of a ship calculated in accordance with the Tonnage Regulations, 1968;

 

"IBC Code"

means the latest edition of the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk published by the International Maritime Organisation, as amended from time to time;

 

"IGC Code"

means the latest edition of the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk published by the IMO;

 

"IGF Code"

means the latest edition of the International Code of Safety for Ships using Gas or other low flashpoint fuels published by the IMO;

 

"III Code"

means the IMO Instruments Implementation Code as contained in the Framework and Procedures for the IMSAS;

 

"IMO"

means the International Maritime Organization;

 

"IMSAS"

means the IMO Member State Audit Scheme established by the Organization and taking into account the guidelines developed by the Organization;

 

"length"

refers to the registered length as shown on the ship's Certificate of Registry, and contemplated in regulation 4 of the Ship Registration Regulations, 2002;

 

"limited waters"

in relation to a fishing vessel, means waters under South African jurisdiction and adjoining waters under the jurisdiction of another Administration with which a near-coastal voyage limit agreement has been entered into;

 

"management level"

means the level of responsibility associated with—

 

"medical fitness certificate"

means a certificate issued in accordance with Part 5 of these Regulations to seafarers who have been assessed and found to be medically fit;

 

"medical practitioner"

means a person approved in accordance with Part 5 of these Regulations;

 

"merchant ship"

means any ship operated for commercial gain other than a fishing vessel;

 

"mining operations"

means the exploitation of the mineral resources of the seabed or subsoil thereof, whether by mining, drilling or otherwise, by a ship at anchor or Dynamic Position (DP) mode;

 

"MLC"

means the Maritime Labour Convention as defined in the Act;

 

"near-coastal voyage"

means a voyage exclusively within the South African exclusive economic zone, i.e. 200 nautical miles, as defined by the Maritime Zones Act, 1994 (Act No. 15 of 1994), and 'limited waters voyage' has the same meaning;

 

"near coastal voyage limit agreement"

means an agreement in writing made entered into between the Authority and an Administration of another party specifying the details of involved trading areas and other relevant conditions thereof;

 

"officer"

means a ship's officer;

 

"oil tanker"

means a ship constructed and used for the carriage in bulk of petroleum or petroleum products;

 

"offshore"

means seaward measured from the low-water line, as  defined in section 1 of the Maritime Zones Act, 1994 (Act No. 15 of 1994)) along the coast of the African continent;

 

"onboard training"

is training that is training that is conducted on board a vessel during qualifying service and is set out and assessed in an approved training record book;

 

"operational level"

means the level of responsibility associated with—

 

"ordinary seafarer deck"

means a rating forming part of a navigational watch;

 

"ordinary seafarer deck (port operations)"

means a rating forming part of a navigational watch on vessels engaged in port operations;

 

"ordinary seafarer deck (fishing)"

means a rating forming part of a navigational watch on vessels engaged in fishing operations;

 

"ordinary seafarer engine"

means a rating forming part of an engineering watch;

 

"ordinary seafarer engine (port operations)"

means a rating forming part of an engineering watch on vessels engaged in port operations;

 

"Organization"

means the International Maritime Organisation;

 

"owner"

in relation to a ship, includes any person such as the manager, operator, or the bareboat charterer, who has assumed the responsibility for the operation of the ship from the owner;

 

"party"

in relation to the STCW or STCW-F Convention, means a State or Administration which is a member of the Organisation and is a signatory to the Convention;

 

"passenger ship"

means a ship which carries more than 12 passengers;

 

"pleasure vessel"

means a vessel that is used solely for sport or recreation;

 

"Polar Code"

means the latest edition of the International Code for Ships operating in polar waters published by the Organization, as amended.

 

"polar waters"

means Arctic waters or the Antarctic area as defined in SOLAS Regulations XIV/1.2 to XIV/1.4;

 

"port operations voyages"

means voyages restricted to a port operations area; and 'port operations service' shall be construed accordingly;

 

"port operations area"

means the sea area within a radius of 15 nautical miles measured—

 

"port operations vessel"

means a harbour tug, dredger, hopper, pilot boat, work boat, bunker barge, ferry, tender, self-propelled floating crane or any other type of ship restricted to a port operations area;

 

"propulsion power"

means the total maximum continuous rated output power in kilowatts of a ship's main propulsion machinery appearing on the ship's certificate of registry or other official document;

 

"qualifying service"

for certification of a particular kind, means the sea service or port operations service, as the case may be required for certification of that kind;

 

"radio duties"

include, as appropriate, watchkeeping and technical maintenance and repairs conducted in accordance with the Radio Regulations, SOLAS and at the discretion of the Authority and guided by the relevant recommendations of the Organization;

 

"radio operator"

means a person holding an appropriate certificate issued or recognized by the Authority under the provisions of the Radio Regulations;

 

"Radio Regulations"

means the Radio Regulations of the International Telecommunications Union Convention that is in force;

 

"rating"

means a member of the ship’s crew other than the master or an officer;

 

"refresher training"

means an approved abbreviated training course required for revalidation of certificates of competency or certificates of Proficiency;

 

"Registrar of Seafarers"

means a person appointed in terms of Regulation 4 and ‘Deputy Registrar of Seafarers’ shall be construed accordingly;

 

"repealed Regulations"

means the Regulations repealed by regulation 124 of these Regulations;

 

"safe manning document"

means a document that describes the minimum manning considered necessary to ensure that a ship is sufficiently and efficiently manned, and that is issued—

 

"seagoing ship"

means a ship other than one that navigates exclusively on inland waters or in a port operations area;

 

"second engineer officer"

means the engineer officer next in rank to the chief engineer officer and upon whom responsibility for the mechanical propulsion and the operation and maintenance of the mechanical and electrical installations of the ship will fall in the event of the incapacity of the chief engineer officer;

 

"senior examiner"

means an examiner appointed in terms in Regulation 5;

 

"Ship to which the STCW Convention applies"

means any seagoing ship, except—

 

"skipper"

means, in relation to a ship, any person (other than a pilot) having charge or command of such ship;

 

"skipper offshore ≥ 9m"

means a certificate of competency allowing the holder to operate a small vessel of 9m or more on extended seagoing voyages, issued in accordance with the Merchant Shipping (National Small Vessel Safety) Regulations, 2007 as amended;

 

"small vessel"

means a vessel to which the Merchant Shipping (National Small Vessel Safety) Regulations, 2007, as amended, apply;

 

"SOLAS Convention"

means the International Convention for the Safety of Life at Sea, 1974, as amended;

 

"South African ship"

means a ship prescribed by the Ship Registration Act, 1998 and includes an unregistered ship having South African nationality;

 

"specified in the Training Standards Code"

means specified in the South African Maritime Training Standards Code published by the Authority, as amended;

 

"STCW-Code"

means the Seafarers’ Training, Certification and Watch-keeping Code adopted by the 1995 Conference of Parties to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 and any amendment thereto which has come into force and has been accepted by the Government;

 

"STCW Convention"

means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended;

 

"STCW-F Convention"

means the International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel, 1995;

 

"support level"

means the level of responsibility associated with performing assigned tasks, duties or responsibilities on a trading ship under the direction of an individual serving in the operational or management level;

 

"tanker"

means—

 

"the Act"

means the Merchant Shipping Act, 1951 (Act No. 57 of 1951), as amended;

 

"the Training Standards Code"

means the Code established under Regulation 84 of these Regulations and published on the Authority’s website [formerly the SAMSA Code];

 

"these Regulations"

means the Merchant Shipping (Training, Certification and Safe Manning) Regulations, 2020;

 

"trading ship"

means any seagoing ship engaged on regular seagoing voyages, excluding—

 

"training ship"

means a ship approved by the Administration for the purpose of accommodating and providing approved on-board training of more than 12 trainees candidates towards certificates of competence or certificates of proficiency;

 

"unlimited voyage"

means a voyage other than one contemplated in the definitions of near-coastal voyage and port operations;

 

"unlimited waters"

when used in relation to certificates for fishers, has the same meaning as that of unlimited voyage;

 

"valid"

in relation to a certificate or other document, means a certificate or document that is current and that has not been suspended or cancelled;

 

"visual acuity test"

means an eye exam that checks how well a candidate can see the details of a letter or symbol from a specific distance;

 

"watchkeeping officer"

means a ship's officer whose duties include—

 

"watchkeeping personnel"

means everyone forming part of a navigational or engineering watch on a ship;

 

"waters under South African jurisdiction"

means waters comprising—