Merchant Shipping Act, 1951 (Act No. 57 of 1951)Chapter V : Safety of Ships and Life at SeaPart IV : Collisions, accidents at sea, and limitation of liability262. Tonnage how calculated |
| (1) | For the purpose of section two hundred and sixty-one, the tonnage of a ship shall be her gross register tonnage. |
[Section 262(1) substituted by section 8 of Act No. 25 of 1985]
| (2) | There shall not be included in such tonnage any space occupied by seafarers and appropriated to their use which has been certified by a surveyor to comply in all respects with the requirements of this Act. |
[Section 262(2) substituted by section 29(f) of Act No. 12 of 2015]
| (3) | The measurement of such tonnage shall be— |
| (a) | in the case of a South African ship, according to the law of the Republic; |
| (b) | in the case of a treaty ship registered elsewhere than in the Republic, according to the law of the treaty country where the ship is registered; |
[Section 262(3)(b) substituted by section 51 of Act No. 69 of 1962]
| (c) | in the case of a foreign ship, according to the law of the Republic, if capable of being so measured. |
| (4) | In the case of any foreign ship, which is incapable of being measured under the law of the Republic, the Authority shall, after consideration of the available evidence concerning the dimensions of the ship, give a certificate stating what would, in its opinion, have been the tonnage of the ship if she had been duly measured according to the law of the Republic; and the tonnage so stated in such certificate shall, for the purpose of section 261, be deemed to be the tonnage of the ship. |
[Section 262(4) substituted by section 2(2) of Act No. 5 of 1998]