Merchant Shipping Act, 1951 (Act No. 57 of 1951) Regulations Merchant Shipping (Safe Manning, Training and Certification) Regulations, 2013 Part 1 : General 1. Definitions

 

 

"able seafarer deck"

means a rating certificated in accordance with Part 3, Division 5, and a "certificate of proficiency able seafarer deck" shall be construed accordingly;

[Definition substituted by regulation 3(a) of Notice No. R. 544, GG 38912, dated 25 June 2015]

 

"able seafarer engine"

means a rating certificated in accordance with Part 3, Division 5, and a "certificate of proficiency able seafarer engine" shall be construed accordingly;

[Definition substituted by regulation 3(a) of Notice No. R. 544, GG 38912, dated 25 June 2015]

 

"able seafarer (fishing)"

means a rating certificated in accordance with Part 3, Division 5, and a "certificate of proficiency able seafarer (fishing)" shall be construed accordingly;

[Definition substituted by regulation 3(a) of Notice No. R. 544, GG 38912, dated 25 June 2015]

 

"able seafarer deck (port operations)"

means a rating certificated in accordance with Part 3, Division 5, limited to port operations only, and a "certificate of proficiency able seafarer deck (port operations)" shall be construed accordingly;

[Definition substituted by regulation 3(a) of Notice No. R. 544, GG 38912, dated 25 June 2015]

 

"able seafarer engine (port operations)"

means a rating certificated in accordance with Part 3, Division 5, limited to port operations only, and a "certificate of proficiency able seafarer engine (port operations)" shall be construed accordingly;

[Definition substituted by regulation 3(a) of Notice No. R. 544, GG 38912, dated 25 June 2015]

 

"accelerated training"

means an approved programme of intensive training that is designed to reduce the period of qualifying service;

 

"accredited institution"

means a training institution accredited under regulation 85;

 

"accredited"

means accredited by the Authority;

 

"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 accelerated training programme"

for certification of a particular kind, means an accelerated training programme approved for certification of that kind;

 

"approved trade"

means an Engineering Trade that incorporates a formal workshop training element which would lead to exemption from modules required by the Code;

 

"approved training"

for certification of a particular kind, means training programmes and/or courses approved for certification of that kind;

 

"approved training record book"

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

 

"assessor"

means an examination moderator appointed by the Authority;

 

"assistant engineer officer"

means a person on watch under the supervision of an engineer officer;

 

"Authority"

has the same meaning as in the Act;

 

"basic training"

means the approved training in Personal Survival Techniques, Fire Prevention and Fire Fighting, Elementary First Aid and Personal Safety and Social Responsibilities as specified in the Code;

[Definition substituted by regulation 3(b) of Notice No. R. 544, GG 38912, dated 25 June 2015]

 

"candidate"

means a person desiring certification in terms of these regulations;

 

"certificate" and "certification"

means a certificate of competency or proficiency and includes an endorsement;

 

"certificate of competency"

means a certificate issued and endorsed for masters, officers and GMDSS 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 not issued under a Convention, and 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 sea-going 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;

 

"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 6;

 

"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;

 

"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;

 

"Code of Ethics"

means the code of ethics for registered professional mariners of the Institute for Professional South African Mariners;

 

"contravene"

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

 

"deck officer"

means a ship's officer serving in the deck department on a ship, and includes the master;

 

"deck officer certificate"

means the certification covered by Division 1 & 2 of Part 3;

 

"deputy registrar"

means a person appointed in terms of regulation 5;

 

"designation"

means a designation from the Institute of Professional South African Mariners;

 

"Disciplinary Code"

means the disciplinary code of the Institute of Professional South African Mariners;

 

"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;

 

"dynamic positioning"

means a system whereby a self-propelled vessel's position and heading is automatically controlled by using its own propulsion unit;

 

"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 5 of Part 3 for service as s ship's rating in the engine-room department on a ship;

[Definition substituted by regulation 3(a) of Notice No. R. 544, GG 38912, dated 25 June 2015]

 

"endorsement"

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

 

"engineer officer"

means a ship's officer serving in the engine department on a ship;

 

"engineer officer certificate"

means the certification covered by Division 3 & 5 of Part 3;

[Definition substituted by regulation 3(a) of Notice No. R. 544, GG 38912, dated 25 June 2015]

 

"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 5;

[Definition substituted by regulation 3(a) of Notice No. R. 544, GG 38912, dated 25 June 2015]

 

"equivalent certification"

has the meaning given by regulation 4(1);

 

"examiner"

means a person appointed as an examiner under section 77(4) of the Act;

 

"familiarization training"

means on-board training to familiarize the seafarer with his/her duties and responsibilities with respect to safety, security and pollution prevention;

 

"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 three 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;

 

"foreign ship"

means any ship that is not a South African ship;

 

"gas carrier"

means a ship constructed or adapted and used for the carriage in bulk of any liquefied gas or other product listed in Chapter 19 of the IGC Code;

 

"general purpose rating (port operations)"

means a rating (port operations) certificated as a general purpose rating (port operations) in accordance with Part 3, Division 5; and

[Definition substituted by regulation 3(a) of Notice No. R. 544, GG 38912, dated 25 June 2015]

 

"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 Chapter IV of the STCW Convention;

 

"GT for a ship" and "GT"

means its gross tonnage 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 International Maritime Organisation, as amended from time to time;

 

"Institute of Professional South African Mariners"

means the SAQA registered body for the designation of professional status to South African mariners;

 

"length"

has the same meaning in regulation 2 of the Tonnage Regulations, 1968. In the case of a fishing vessel, "length" refers to the length as shown on the ship's Certificate of Registry;

 

"limited waters"

in relation to a fishing vessel, has the same meaning as "near coastal waters";

 

"limited water voyage"

has the same meaning as "near coastal voyage";

 

"mate"

as the same meaning as "chief mate";

 

"management level"

means the level of responsibility associated with—

 

"master" and "skipper"

have the same meaning as described in Section 2(1) of the Act;

 

"merchant ship"

for the purpose of these regulations, means any ship operated for commercial gain other than a fishing vessel;

 

"mining operations"

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

 

"near-coastal voyage"

means a voyage made by a ship of less than 500GT, exclusively within waters under South African jurisdiction or within adjoining waters under the jurisdiction of another Administration with which a near coastal voyage limit agreement has been entered into;

 

"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;

 

"near-coastal waters"

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;

 

"non-trading vessels"

means pleasure vessels or vessels operated for commercial gain of less than 3000 GT not carrying more than 12 passengers engaged on seagoing voyages during which no cargo operations are conducted;

[Definition substituted by regulation 3(c) of Notice No. R. 544, GG 38912, dated 25 June 2015]

 

"officer"

means a ship's officer;

 

"officer in charge of an engineering watch"

includes a designated duty engineer officer for a periodically unmanned engine-room;

 

"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—

 

"operational level"

means the level of responsibility associated with—

 

"ordinary seafarer deck"

means a rating forming part of a navigational watch;

 

"ordinary seafarer engine"

means a rating forming part of an engineering watch;

 

"Organisation"

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;

 

"port operations"

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;

 

"pre-sea training"

means once-off mandatory approved training for all seafarers prior to their first employment on a fishing vessel to which these regulations apply;

[Definition substituted by regulation 3(d) of Notice No. R. 544, GG 38912, dated 25 June 2015]

 

"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;

 

"provisional certificate as ordinary seafarer"

means a certificate of proficiency as ordinary seafarer, issued by the master;

 

"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, watch keeping and technical maintenance and repairs conducted in accordance with the Radio Regulations, the International Convention for the Safety of Life at Sea, 1974 (SOLAS) as amended, and at the discretion of the Authority, 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 seafarer other than a master or an officer;

 

"refresher training"

means an approved abbreviated training course required for revalidation of Certificates of Competency or Certificates of Proficiency;

 

"Registrar"

means a person appointed in terms of regulation 5;

 

"repealed regulations"

means the regulations repealed by regulation 119;

 

"ro-ro passenger ship"

means a passenger ship with ro-ro cargo spaces or special category spaces as defined in the International Convention for the Safety of Life at Sea, 1974 (SOLAS), as amended;

 

"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;

 

"sea service"

means service on seagoing ships;

 

"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 6;

 

"ship to which the Safety Convention applies"

means any seagoing ship, except—

 

"ship to which the STCW Convention applies"

means any seagoing ship, except—

 

"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;

 

"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 Code"

means specified in the South African Maritime Qualifications Code published by the Authority, as amended from time to time;

 

"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 Code"

means the South African Maritime Qualifications Code published by the Authority, as amended from time to time;

 

"the Regulations"

means the Merchant Shipping (Safe Manning, Training and Certification) Regulations, 2013, published by Government Notice No 36688;

 

"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 cadets;

 

"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 fisherman, means waters beyond limited waters;

 

"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;

 

"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—

 

 

 

[Regulation 1(4) substituted by regulation 3(e) of Notice No. R. 544, GG 38912, dated 25 June 2015]