Merchant Shipping Act, 1951 (Act No. 57 of 1951)RegulationsMerchant Shipping (Training and Certification) Regulations, 1999Part 1 : General1. Interpretation |
| (1) | In these regulations, any word or expression given a meaning in the Act shall have that meaning and, unless the context indicates otherwise— |
means an approved programme of intensive training that is designed to reduce the period of qualifying service;
"accredited institution"
means a training institution accredited under regulation 67;
"approved" means approved by the Authority;
"approved sea service"
in relation to—
| (a) | a deck officer certificate, means sea service on trading ships relevant to the duties and functions carried out by officers associated with the deck department; |
| (b) | an engineer officer certificate, means sea service on trading ships relevant to the duties and functions carried out by officers associated with the engine department; |
| (c) | a deck rating certificate, means sea service in any capacity working on deck and carrying out duties and functions associated with the deck workings on trading ships; |
| (d) | an engineer rating certificate, means sea service in any capacity working in the engine-room and carrying out duties and functions associated with the engine-room workings on trading ships; and |
| (e) | a general purpose rating certificate, means sea service contemplated in paragraphs (c) and (d); |
"assessor"
means a person appointed as an assessor under regulation 19(2);
"assistant engineer officer"
means a person under training to become an engineer officer;
"certificated"
means duly certificated under the Act or deemed under the Act to be so certificated;
"chief engineer officer"
means the senior engineer officer responsible for the mechanical propulsion and the operation and maintenance of the mechanical and electrical installations of a ship;
"chief mate"
means the deck officer next in rank to the master and upon whom the command of the ship will fall in the event of the incapacity of the master;
"chemical tanker"
means a ship constructed or adapted and used for the carriage in bulk of any liquid product listed in chapter 17 of the IBC Code;
"deck officer"
means an officer, including a master, certificated in accordance with part 3, division 1; and "deck officer certificate" shall be construed accordingly;
means a rating certificated as an ordinary seaman or able seaman in accordance with part 3, division 3; and "deck rating certificate" shall be construed accordingly;
means a document appended to a certificate and entitling the holder thereof to serve—
| (a) | on a ship in a capacity other than that specified on the title page of the certificate; |
| (b) | on a specific type of ship in the capacity indicated in the certificate; or |
| (c) | on a ship engaged on a specific voyage when he or she cannot comply fully with the requirements as to medical fitness; |
"engineer officer"
means an officer certificated in accordance with part 3, division 2; and "engineer officer certificate" shall be construed accordingly;
"engineer rating"
means a rating certificated as a wiper or an oiler in accordance with part 3, division 3; and "engineer rating certificate" shall be construed accordingly;
"examiner"
means a person designated under section 77(4) of the Act, and includes an assessor;
means a ship used for catching fish or other living resources of the sea for financial gain or reward;
means a ship constructed or adapted and used for the carriage in bulk of any liquefied gas or other product listed in chapter 19 of the IGC Code;
means a rating certificated as an efficient general purpose rating (port operations) in accordance with part 3, division 3; and "general purpose rating certificate" shall be construed accordingly;
means the global maritime distress and safety system;
means gross register tons, and in the case of a ship with dual tonnage, the higher tonnage;
means the latest edition of the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk published by the International Maritime Organization, as amended from time to time;
means the latest edition of the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk published by the International Maritime Organization, as amended from time to time;
"management level"
means the level of responsibility associated with—
| (a) | serving as master, chief mate, chief engineer officer or second engineer officer on a trading ship; and |
| (b) | ensuring that all functions within the designated area of responsibility are properly performed; |
"mining operations"
means the exploitation by a ship at anchor, whether by mining or otherwise, of the mineral resources of the seabed or subsoil thereof, excluding oil and gas resources;
"near-coastal voyage"
means a voyage made exclusively within waters under South African jurisdiction by a ship of less than 500GT ;
[Definition substituted by regulation 3(a) of Notice No. R. 502 of 2002]
[Definition deleted by regulation 3(b) Notice No. R. 502 of 2002]
"officer in charge of an engineering watch"
includes a designated duty engineer officer for a periodically unmanned engine-room;
[Definition inserted by regulation 3(c) of Notice No. R. 502 of 2002]
"oil tanker"
means a ship constructed and used for the carriage in bulk of petroleum or petroleum products;
"operational level"
means the level of responsibility associated with—
| (a) | serving as officer in charge of a navigational or engineering watch or as designated duty engineer officer for periodically unmanned machinery spaces or as radio operator on a trading ship; and |
[Paragraph (a) substituted by regulation 3(d) of Notice No. R. 502 of 2002]
| (b) | maintaining direct control over the performance of all functions within the designated area of responsibility in accordance with proper procedures and under the direction of an individual serving in the management level for that area of responsibility; |
"port operations"
means voyages restricted to a port operations area; and "port operations service" shall be construed accordingly;
means the sea area within a radius of 15 nautical miles measured—
| (a) | in the case of the port of Saldanha Bay, from the mid-point of an imaginary line joining the North Head and South Head lights; and |
| (b) | in the case of any other port in the Republic, from the outermost breakwater light; |
[Definition substituted by regulation 3(e) of Notice No. R. 502 of 2002]
means a harbour tug, dredger, hopper, pilot boat, work boat, bunker barge, ferry, tender, self-propelled floating crane or any other type of ship restricted to a port operations area;
"propulsion power"
means the total maximum continuous rated output power in kilowatts of all a ship's main propulsion machinery appearing on the ship's certificate of registry or other official document;
"qualifying service"
in relation to a certificate or an endorsement, means approved sea service, sea service or port operations service, as the case may be;
[Definition substituted by regulation 3(f) of Notice No. R. 502 of 2002]
"radio officer"
means a person employed as such and having responsibility for the operation of the radio installations on a ship;
"rating"
means a seaman other than a master or an officer;
"Registrar"
means the Registrar of Seafarers referred to in regulation 5;
"ro-ro passenger ship"
means a passenger ship with ro-ro cargo spaces or special category spaces as defined in regulation II-2/3 of the Safety Convention;
"seagoing ship"
means a ship other than one that navigates exclusively in inland waters or in a port operations area;
means service on seagoing ships;
"second engineer officer"
means the engineer officer next in rank to the chief engineer officer and upon whom responsibility for the mechanical propulsion and the operation and maintenance of the mechanical and electrical installations of the ship will fall in the event of the incapacity of the chief engineer officer;
means specified by the Authority in a marine notice;
means the level of responsibility associated with performing assigned tasks, duties or responsibilities on a trading ship under the direction of an individual serving in the operational or management level;
means a chemical tanker, a gas carrier or an oil tanker;
means the Merchant Shipping Act, 1951 (Act No. 57 of 1951);
means the Code for South African Maritime Qualifications published by the Authority, as amended from time to time;
"trading ship"
means a seagoing ship engaged in trade and proceeding to sea on regular voyages, excluding—
| (a) | warships, naval auxiliaries or other ships owned or operated by a state and engaged only on government non-commercial service; |
| (b) | fishing vessels; |
| (c) | ships used solely for sport or recreation; and |
| (d) | sailing ships of traditional build; |
"unlimited voyage"
means a voyage other than one contemplated in the definitions of near-coastal voyage and port operations;
"waters under South African jurisdiction"
means waters comprising—
(a) the internal and territorial waters of the Republic; and
(b) the exclusive economic zone of the Republic.
[Definition inserted by regulation 3(g) of Notice No. R. 502 of 2002]
| (2) | Any reference in these regulations to a particular level of assessment shall be read as a reference to assessment, in accordance with regulation 18, at that particular level to ensure that the candidate has attained the relevant competencies specified in the Code. |
| (3) | References in these regulations to the holder of a certificate or to holding a certificate are references to the lawful holder of the certificate or to lawfully holding the certificate, as the case may be. |