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

Regulations

Merchant Shipping (Training, Certification and Safe Manning) Regulations, 2021

Part 9 : Supplemental

118. Dispensations

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(1) The Authority may issue a dispensation to a specified seafarer to serve on a specified ship for a specified period not exceeding six months in a capacity higher than that for which the seafarer holds a certificate of competency: Provided that—
(a) such dispensations are only issued in the case of exceptional need;
(b) a candidate requesting such a dispensation may be required to undertake level 3 assessment;
(c) an application for a dispensation shall only be granted to a seafarer that is properly qualified to fill the rank immediately below; and
(d) where certification of the post below is not required, a dispensation may be issued to a seafarer whose qualification and experience are, in the opinion of the Senior Examiner, equivalent to the requirements for the rank to be filled.

 

(2) A dispensation to serve in the post of a master or chief engineer officer shall only be considered in circumstances of force majeure and then only for the shortest possible period.

 

(3) An application for a dispensation shall be made in the form and manner specified by the Authority and shall be accompanied by a letter from the owner demonstrating the existence of exceptional circumstances.

 

(4) The Authority may alter or cancel any dispensation granted under this regulation.