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

Regulations

Merchant Shipping (Safe Manning, Training and Certification) Regulations, 2013

Part 5 : Manning Requirements

96. Employment of persons holding foreign certificates

 

(1) For the purposes of section 83(1) of the Act, the owner of a ship to which the STCW Convention applies shall not employ on the ship, as master or ship's officer, any person who holds a certificate issued by or on behalf of the government of another country, unless—
(a) that person's certificate has been endorsed in accordance with regulation 98; or
(b) in the absence of such an endorsement, the certificate was issued and is valid in accordance with the STCW Convention, the period of employment does not exceed three months and the owner makes application to the Authority for an endorsement in accordance with regulation 98 prior to that person joining a ship. Documentary proof of such application having been received by the authority shall be on board.

 

(2) For the purposes of section 83(1) of the Act, the owner of a ship to which the STCW Convention does not apply shall not employ on the ship, as master or ship's officer, any person who holds a certificate of competency issued by or on behalf of the government of another country, unless the Authority has, under section 83(2) of the Act, authorized that person's employment on the ship.

 

(3) Application for an authorization under section 83(2) of the Act shall be made by the owner of the ship and shall be directed to the proper officer nearest to the ship's intended port of departure. The application shall—
(a) be made before the person assumes duty on the ship; and
(b) be accompanied by the person's original certificate or copy thereof (together with a certified translation into English where the certificate is in a language other than English), a medical examination report complying with the requirements specified by the Merchant Shipping (Medical and Eyesight) Regulations, 2004 as amended, or report from another party recognized by the Authority and attesting to the person's medical fitness and a valid eyesight test certificate.
(c) The Proper Officer may require the person to appear before an examiner, who shall satisfy himself or herself that the person is adequately qualified and that he or she has the ability to converse, issue and understand orders and written instructions in the English language.

 

(4) An authorization granted under section 83(2) of the Act shall be in writing and shall specify the period, not exceeding six months, for which it is to remain in force.

 

(5) The Authority may revoke an authorization granted under section 83(2) of the Act if—
(a) the person in question shows, through any inability, that he or she is not adequately qualified or that he or she is not able to converse, issue and understand orders and written instructions in the English language;
(b) the person's certificate expires or is cancelled or suspended by or on behalf of the government under whose authority the certificate was originally issued;
(c) the person fails to comply with any condition on which the authorization was granted;
(d) a court of marine enquiry or a disciplinary hearing recommends the revocation of the authorisation; or
(e) the person is convicted of an offence in terms of the Act or any other law administered by the Authority.

 

(6) For section 74(1)(b) of the Act, the following is recognised certification as a rating:
(a) for ships to which the STCW Convention applies, valid appropriate certification issued in accordance with the STCW Convention by or on behalf of another Party to the Convention; and
(b) for other ships, valid appropriate certification that the Authority is satisfied qualifies the holder to serve in the capacity stated in the certification.