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

Regulations

Merchant Shipping (Maritime Security) Regulations, 2004

Part 5 : Foreign Regulated Ships

Division 1 - Obligations on foreign regulated ships

88. Foreign regulated ships must comply with security levels

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(1)This regulation sets out security measures that must be implemented by a foreign regulated ship.

 

(2)Unless subregulations (3) to (7) provide otherwise, the ship must, at all times, implement ISPS level 1 measures.

 

(3)If maritime security level 2 is in force for the ship because the ship is in a security regulated port where maritime security level 2 in force, the ship must implement ISPS level 2 measures.

 

(4)If maritime security level 3 is in force for the ship because the ship is in a security regulated port where maritime security level 3 is in force, the ship must implement ISPS level 3 measures.

 

(5)If the Director-General declares under regulation 17(2) that maritime security level 2 is in force for the ship, the ship must implement ISPS level 2 measures.

 

(6)If the Director-General declares under regulation 17(2) that maritime security level 3 is in force for the ship, the ship must implement ISPS level 3 measures.

 

(7)If—
(a)the ship is registered in another country (the flag state); and
(b)the ship is directed by the flag state to implement a higher level of security than would otherwise apply in terms of this regulation,

the ship must comply with the direction.

 

(8)If a foreign regulated ship does not implement security measures in accordance with subregulations (2) to (7), the ship operator for, or the master of, tbe ship may be given a control direction under Division 2 .