Maintenance Act, 1998
R 385
"unseaworthy"
used in relation to a vessel, means that she—
| (a) | is not in a fit state as to the condition of her hull, equipment or machinery, the stowage of her cargo or ballast, or the number or qualifications of her master or crew, or in any other respect, to encounter the ordinary perils of the voyage upon which she is engaged or is about to enter; or |
| (b) | does not comply with the conditions of assignment to the extent set forth in paragraph (c) of section two hundred and seven; or |
| (c) | is loaded beyond the limits allowed— |
| (i) | by a load line certificate issued in the Republic under this Act; or |
| (ii) | if she is a load line ship, registered in a country in which the Load Line Convention applies, by a recognized non-South African international load line certificate; or |
[Paragraph (c)(ii) substituted by section 1(gg) of Act No. 13 of 1965]
| (iii) | by a load line certificate to which a notice issued under section two hundred and eighteen applies: |
[Paragraph (c)(iii) substituted by section 1(f) of Act No. 40 of 1963]
Provided that a safety convention ship not registered in the Republic, in respect of which a recognized non-South African safety convention certificate is produced, shall not be deemed unseaworthy, as regards the condition of her hull, equipment or machinery, unless it appears, on the report of a surveyor, that she cannot proceed to sea without danger to human life owing to the fact that the actual condition of the hull, equipment or machinery does not correspond substantially with the particulars stated in the certificate;
[Definition substituted by section 1(f) of Act No. 40 of 1963]
