Draft Merchant Shipping (Small Vessel Safety) Regulations Published for Comment

Posted 05 September 2025 Written by Acts Online
Category Transport

Brought to you by SA Legal Academy: The Department of Transport has called for public comments on the draft Merchant Shipping (Small Vessel Safety) Regulations, which are intended to replace the existing 2007 regulatory framework.

In terms of the Merchant Shipping Act, No. 57 of 1951, the proposed regulations will apply to small vessels operating in South African waters, including both commercial and pleasure craft. The Department has set a deadline of 5 October 2025 for the submission of written representations regarding the draft text. Once finalised and operational, these regulations will repeal the Merchant Shipping (National Small Vessel Safety) Regulations, 2007.

The draft regulations address several regulatory and safety aspects, including:

  • Construction and design standards for small vessels;
  • Mandatory safety equipment and carriage requirements;
  • Manning levels and competency requirements for skippers and crew;
  • Inspection, certification, and registration procedures; and
  • Operational safety requirements for different categories of water bodies.

A notable provision in the draft is the inclusion of a transitional arrangement. It is proposed that, under specific circumstances, owners of vessels falling under the new regulations will be granted a two-year grace period before being required to comply with certain new technical or equipment provisions. This period is intended to allow industry stakeholders sufficient time to upgrade vessels or procure necessary safety apparatus without immediate operational disruption.

What this means for you, your business, or your clients

  • For yourself: No direct individual obligations; impact is channelled through professional advisory roles for maritime and transport sector clients.
  • For your business: Legal practices and compliance firms specialising in maritime law must update regulatory tracking systems to account for the eventual repeal of the 2007 regulations and the introduction of new certification standards.
  • For your clients: Owners and operators of small commercial or pleasure craft must review the draft technical specifications to identify necessary vessel modifications or equipment upgrades required before the proposed two-year grace period expires.

Originally published at https://legalacademy.co.za/news/read/merchant-shipping-input-sought-on-latest-small-vessel-safety-regulatory-proposals

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