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

Regulations

Merchant Shipping (National Small Vessel Safety) Regulations, 2007

Part 1 : Preliminary

2. Interpretation

Purchase

(1)	In these regulations any word or expression to which a meaning has been assigned in the Act has the meaning so assigned and, unless the context indicates otherwise—

"approved"

means approved by the Authority;

"Authority"

means the South African Maritime Safety Authority;

"authorised agency"

means a governing body, club or organisation designated under regulation 30(1);

"category"

in relation to a vessel, means the particular category of vessel determined as follows:

(a)	Category A - vessels operating any distance from shore;

(b)	Category B - vessels operating less than 40 nautical miles from shore;

(c)	Category C - vessels operating less than 15 nautical miles from shore;

(d)	Category D - vessels operating less than 5 nautical miles from shore;

(e)	Category E - vessels operating not more than 1 nautical mile from shore and 15 miles from an approved launch site;

(f)	Category R—vessels operating solely on sheltered waters;

[Regulation 2(f) substituted by regulation 5(a) of Notice No. R. 731 dated 11 July 2008]

"certificate of competence"

means a certificate, including any relative endorsement, issued by a certifying authority pursuant to regulation 16(1) and entitling its lawful holder to act in the capacity and perform the functions involved on a vessel of the type, category, tonnage or length, power and means of propulsion concerned;

"certificate of fitness"

means a certificate issued under regulation 24;

"certifying authority"

means the Authority and, to the extent that it has been designated pursuant to regulation 30(1) to perform the functions of a certifying authority, an authorised agency;

"commercial harbour"

means a harbour belonging to the National Ports Authority of South Africa;

"commercial small vessel"

[Definition deleted by regulation 5(b) of Notice No. R. 731 dated 11 July 2008]

"commercial vessel"

means a vessel that is not a pleasure vessel;

[Definition inserted by regulation 5(c) of Notice No. R. 731 dated 11 July 2008]

"contravene"

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

"controlled event"

means a competition, event or regatta organised by a governing body or authorised agency, or a club or an organisation affiliated with a governing body, and includes—

(a)	activities to prepare for the event that take place at the venue for the event and during the times specified by the organiser of event; and

(b)	practice for the event under the supervision of a coach or an official approved by a governing body or authorised agency, or a club or organisation affiliated with a governing body;

[Definition substituted by regulation 5(d) of Notice No. R. 731 dated 11 July 2008]

"decked"

in relation to a vessel, means fully or partially decked;

"dive boat"

means a vessel that is used in diving support activities;

"enforcement officer"

means a police official, a safety officer, subject to regulation 31(3), and any person designated as an enforcement officer by the Authority;

[Definition substituted by regulation 5(e) Notice No. R. 731 dated 11 July 2008]

"existing vessel"

means a vessel that was built and used solely on inland waters before the commencement of these regulations;

[Definition substituted by regulation 5(e) of Notice No. R. 731 dated 11 July 2008]

"fishing harbour"

has the same meaning as in section 1 of the Marine Living Resources Act 1998 (Act No. 18 of 1998);

"from shore"

in relation to—

(a)	a vessel that is, or is to be, operated at sea, means seaward from the low-water line as defined in section 1 of the Maritime Zones Act 1994 (Act No. 15 of 1994); and

(b)	a vessel that is, or is to be, operated in sheltered waters, means—

(i)	for sheltered waters referred to in paragraphs (a) and (b) of the definition of "sheltered waters", from the low–water–line referred to in paragraph (a); and

(ii)	for any other sheltered waters, from the water-line on the adjacent shore;

[Definition substituted by regulation 5(f) of Notice No. R. 731 dated 11 July 2008]

"governing body"

means a national water sport governing body—

(a)	that publishes written rules and criteria in respect of conduct and safety requirements during skill demonstrations, formal training or controlled events; and

(b)

that—

(i)	certifies coaches and coaching programmes;

(ii)	certifies officials and programmes for officials; or

(iii)

recommends training and safety guidelines for certified coaches or officials;

"inflatable"

in relation to a vessel, means that buoyancy on water depends on separate inflated airtight chambers that are either completely collapsible or fitted with a rigid bottom section;

"inland waters"

means declared inland waters as specified in a notice under section 3(9) of the Act;

[Definition substituted by regulation 5(g) of Notice No. R. 731 dated 11 July 2008]

"kill switch"

means a mechanism that is attached to the skipper or operator of a vessel and that stops the engines when that person loses his or her footing or becomes otherwise incapacitated;

[Definition substituted by regulation 5(h) of Notice No. R. 731 dated 11 July 2008]

"night"

means the period of time between sunset and sunrise;

"operate"

in relation to a vessel, means that the vessel is not safely ashore or made fast to a jetty, quay or mooring buoy;

[Definition substituted by regulation 5(i) Notice No. R. 731 dated 11 July 2008]

"overall length"

in relation to a vessel, means the horizontal distance measured between perpendiculars erected at the extreme ends of the outside of the hull of the vessel;

"owner"

in relation to a vessel, includes—

(a)	a credit receiver or buyer in the case of a credit agreement in terms of the National Credit Act 2005 (Act No. 34 of 2005); and

(b)	any person entrusted by the owner with the care and control of the vessel;

"passenger vessel"

means a vessel that carries more than 12 passengers;

"pleasure vessel"

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

"police official"

means—

(a)	a member of the South African Police Services as defined in section 1 of the South African Police Service Act 1995 (Act No. 68 of 1995);

(b)	a member of any Municipal Police Service established in terms of the South African Police Service Act 1995 (Act No. 68 of 1995);

(c)	a person designated by the Minister as a police official under regulation 31(2) of these regulations; or

(d)	a member of the South African National Defence Force deployed in co-operation with the South African Police Service;

"power-driven"

in relation to a vessel, means propelled primarily by mechanical means;

"projectile flare set"

means a set of flares designed to be propelled upwards by means of a hand-operated triggering device not forming an integral part of the flare;

"regulating authority"

in relation to—

(a)	the sea-shore as defined in section 1 of the Sea-Shore Act 1935 (Act No. 21 of 1935);

(b)	the shore of any other body of water to which these regulations apply; or

(c)	any sheltered waters,

means the person, body or authority having jurisdiction over the shore or waters concerned;

[Definition substituted by regulation 5(j) of Notice No. R. 731 dated 11 July 2008]

"safety officer"

means a person designated under regulation 30(4);

"sailing vessel"

means a vessel provided with sufficient sail area for navigation under sail alone whether or not fitted with mechanical means of propulsion;

"sea"

does not include sheltered waters referred to in paragraphs (a) and (b) of the definition of "sheltered waters";

[Definition substituted by regulation 5(k) of Notice No. R. 731 dated 11 July 2008]

"sheltered waters"

means any of the following:

(a)	a tidal lagoon or a tidal river as defined in section 1 of the Sea-Shore Act 1935 (Act No. 21 of 1935);

(b)	the waters within the breakwaters of any port in the Republic;

(c)	inland waters;

[Definition inserted by regulation 5(l) of Notice No. R. 731 dated 11 July 2008]

"skipper"

means the master;

"specified by the Authority"

means specified by the Authority in a marine notice;

"suitable"

in relation to materials or an appliance or item of equipment, means suitable for the service for which it is intended;

"tender"

means a vessel not exceeding four metres in overall length that is used solely in sheltered waters for the conveyance of persons or stores from the shore to a vessel, or vice versa, or from one vessel to another vessel without financial gain or reward;

[Definition substituted by regulation 5(m) of Notice No. R. 731 dated 11 July 2008]

"the Act"

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

"underway"

in relation to a vessel, means that the vessel is not at anchor or made fast to the shore or aground;

[Definition substituted by regulation 5(n) of Notice No. R. 731 dated 11 July 2008]

"water-skiing"

includes towing a person or persons on any device behind a vessel, and the noun has a corresponding meaning.

[Definition substituted by regulation 5(o) of Notice No. R. 731 dated 11 July 2008]

(2)	Any reference in these regulations to the owner of a vessel is, if there is more than one owner of the vessel, to be read as a reference to each of the owners.

(3)	For the purposes of these regulations, a vessel is taken to be at sea or being operated at any time when it is not securely ashore or moored in a safe berth.

(4)

(a)	For greater certainty, the Authority may from time to time publish a marine notice setting out the boundaries, or particular boundaries, of any sheltered waters specified in the notice.

(b)	Before publishing a marine notice under paragraph (a), the Authority must follow an appropriate consultation process.

[Regulation 2(4) inserted by regulation 5(p) of Notice No. R. 731 dated 11 July 2008]