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

Chapter V : Safety of Ships and Life at Sea

Part III : Safety of navigation

239. Report of alteration or damage affecting seaworthiness, efficiency or compliance with regulations
Purchase cart Previous page Return to chapter overview Next page

 

(1)If any alteration has been made in, or any damage has been sustained by, a South African ship so material as to affect her seaworthiness or her efficiency, whether in her hull, equipment or machinery, or her compliance with such of the construction regulations, the life-saving equipment regulations, the radio regulations, the collision regulations, the load line regulations or any other regulations which may have been made, as apply to her, the owner or master shall, as soon as possible, forward a report to the Authority, giving full particulars of the alteration or damage.

[Section 239(1) substituted by section 28 of Act No. 13 of 1965]

 

(2)If, by reason of the contents of a report made in terms of subsection (1), or for any other reason, the Authority is of the opinion or suspects—
(a)that a South African ship is unseaworthy; or
(b)that the hull, equipment or machinery of a South African ship is insufficient; or
(c)that a South African ship does not comply with such of the regulations referred to in subsection (1) as apply to her,

it may give special directions for the inspection of the ship by a surveyor, notwithstanding the fact that a safety convention certificate, a local safety certificate or a load line certificate is still in force in respect of that ship.

[Section 239(2) substituted by section 2(2) of Act No. 5 of 1998]

 

(3)Any ship in respect of which any such directions as are referred to in subsection (2) have been given may be detained by the proper officer.

 

(4)If any such directions are not complied with, the Authority may cancel any certificates issued in respect of that ship under this Chapter.

 

(5)For the purpose of this section the expression "alteration" in relation to the hull, equipment or machinery of a ship includes the renewal of any part thereof.