Merchant Shipping Act, 1951 (Act No. 57 of 1951)RegulationsMerchant Shipping (Radio Installations) Regulations, 2002Part 1 : General2. Interpretation |
| (1) | In these regulations any word or expression given a meaning in the Act has tile meaning so given and, unless the context otherwise indicates— |
means a ship to which Part 2 applies making a voyage in sea area AI only;
means a ship to which Part 2 applies making a voyage in sea area A2 only, or in sea areas AI and A2;
means a ship to which Part 2 applies making a voyage in sea area A3 only, or in sea area A3 and also in sea area A1 or A2 or both those sea areas;
means a ship to which Part 2 applies making a voyage in sea area A4 only, or in sea area A4 and also in one or more of sea areas A1, A2 and A3;
means safety communications between ships from the position from which such ships are normally navigated;
means any ship that is not—
| (a) | a passenger ship; |
| (b) | a fishing vessel; or |
| (e) | a pleasure vessel; |
means electrically connected;
means the place on the bridge with a commanding view of the ship and its position used by navigators when commanding, manoeuvring and controlling the ship;
in relation to a ship, means having its keel laid or being at a similar stage of construction;
means a radio watch that is not interrupted other than for brief intervals when the ship's receiving capability is impaired or blocked by its own communications or when the watchkeeping facilities are under periodical maintenance or checks;
in relation to a provision of these regulations, includes failing or refusing to comply with that provision;
means—
| (a) | a foreign-going passenger ship; or |
| (b) | a foreign-going cargo ship of 300 tons or more; |
means any State, other than the Republic, that is a State party to the Safety Convention;
means a satellite aided search and rescue system designed to locate distress beacons transmitting in the 406 MHz band and on other frequencies;
means an automated telegraphy technique that complies with the relevant recommendations specified by the Authority in a marine notice;
means Digital Selective Calling, being a technique using digital codes that enables a radio station to establish contact with, and transfer information to, another station or group of stations, and complying with the relevant recommendations specified by the Authority in a marine notice;
means listening for an audible alarm from a ship's DSC equipment on VHF (channel 70), MF (2187.5 kHz) or HF (8414.5 kHz), and on at least one of the distress and safety DSC frequencies 4207.5 kHz, 6312 kHz, 12577 kHz OT 16804.5 kHz;
means a system providing a simple and automated means of receiving marine safety information via satellite on board ships at sea and in coastal waters;
means an emergency position-indicating radio beacon operating in a mobile service the emissions of which are intended to facilitate search and rescue operations;
means a ship that is not a new ship;
means any of the following classes of vessels used for catching fish or other living resources of the sea for financial gain or reward:
| Class A— | fishing vessels of 45 metres or more in length making voyages outside waters under South African jurisdiction; |
| Class B— | fishing vessels of less than 45 metres in length making voyages outside waters under South African jurisdiction; |
| Class C— | fishing vessels, other than of class D, making voyages exclusively within waters under South African jurisdiction; |
| Class D— | fishing vessels making voyages exclusively within waters under South African jurisdiction, not more than 40 nautical miles from shore; |
means seaward from the low-water line as defined in section 1 of the Maritime Zones Act, 1998 (Act No. 15 of 1998);
means operational and public correspondence traffic, other than distress, urgency and safety messages, conducted by radio;
means the Global Maritime Distress and Safety System;
mean the certificates respectively so entitled, issued or recognized under the authority of the Independent Communications Authority of South Africa, in accordance with the ITU Radio Regulations;
means the frequency spectrum between 3 000 kHz and 30 MHz;
means the International Maritime Organization;
means the Organization established by the Convention on the International Maritime Satellite Organization adopted on 3 September 1976;
means the SafetyNET service by which INMARSAT distributes meteorological, navigational and search and rescue messages to ships provided with an enhanced group calling system receiver;
means the mobile satellite service provided by INMARSAT through its geostationary satellites;
means a mobile earth station in the maritime mobile-satellite service located on board a ship that is not permanently moored;
means the co-ordinated broadcast and automatic reception on 5 18 kHz of maritime safety information by means of narrow-band direct–printing telegraphy using the English language;
means the regulations annexed to, or regarded as being annexed to, the most recent International Telecommunication Convention in force at any time;
means—
| (a) | in the case of a registered ship, the length shown in the certificate of registry; |
| (b) | in the case of a ship licensed in terms of section 68 of the Act, the length shown in the licence; and |
| (c) | in the case of a ship that is not registered or licensed, the horizontal distance measured between perpendiculars erected at the extreme ends of the outside of the hull; |
means the finding of ships, aircraft, units or persons in distress;
means any activity intended to keep a radio installation in efficient working condition, and includes tests, measurements, replacements, adjustments and repairs;
in relation to an existing ship, means a conversion-
| (a) | that substantially alters the dimensions or carrying capacity of the ship; |
| (b) | that changes the type of the ship; |
| (c) | the intent of which, in the opinion of the Authority, is substantially to prolong the life of the ship; |
| (d) | that otherwise so alters the ship that, if it were a new ship, it would become subject to relevant provisions of these regulations not applicable to it as an existing ship; |
means navigational and meteorological warnings, meteorological forecasts and other urgent safety-related messages broadcast to ships;
means the frequency spectrum between 300 kHz and 3000 kHz;
means a radio communication service located on the coast offering services in the medium frequency band (300-3000 kHz);
means a radio communication service between—
| (a) | mobile earth stations and one or more space stations, or between space stations used by this service; or |
| (b) | mobile earth stations by means of one or more space stations, and this service may include feeder links necessary for its operation; |
means—
| (a) | a ship constructed or undergoing major conversion after the commencement of these regulations; or |
| (b) | any ship that is registered or licensed anew in the Republic after the commencement of these regulations; |
means—
| (a) | a passenger ship that is not foreign-going; |
| (b) | a cargo ship of 300 tons or more that is not foreign-going; |
| (c) | a cargo ship of less than 300 tons; |
| (d) | a fishing vessel; or |
| (e) | a pleasure vessel; |
in relation to any radio equipment, means the position normally occupied by a person when operating that equipment;
means a ship that is used solely for sport or recreation;
means a survival craft radar transponder for search and rescue between ships or aircraft and survival craft;
means telecommunication by means of radio waves;
means a service as defined in the ITU Radio Regulations involving the transmission, emission or reception of radio waves for specific telecommunication purposes;
means any radio installation provided on board a ship in compliance with these regulations, including its associated antennas, inter-connecting circuits and, where appropriate, sources of energy;
means the diary of the radio communication service;
means a person holding a valid appropriate certificate issued in accordance with the ITU Radio Regulations
means a ship provided with a radiotelephone installation in accordance with Part 3;
means the equipment operating in the frequency band 1605-27500 kHz;
means the place on board a ship where a radiotelephone installation is located;
means an EPIRB that is in the mobile-satellite service;
means an area within the radiotelephone coverage of at least one VHF coast station in which continuous DSC alerting is available;
means an area, excluding sea area A1, within the radiotelephone coverage of at least one MF coast station in which continuous DSC alerting is available;
means an area, excluding sea areas A1 and A 2 , within the coverage of an INMARSAT geostationary satellite in which continuous alerting is available;
means an area outside sea areas A1, A2 and A3;
in relation to a reference to any particular type of radio communication service, means a reference to that service as defined in the ITU Radio Regulations;
means a mobile station, other than a survival craft station, in the maritime mobile service located on board a ship that is not permanently moored;
means a period of 3 minutes beginning at each hour and at 30 minutes past each hour, on the frequency 2 182 kHz;
means the stage at which—
| (a) | construction identifiable with a specific ship begins; and |
| (b) | assembly of the ship has commenced and comprises at least 50 tons or one per cent of the estimated mass of all structural material, whichever is less; |
means a vessel that is capable of sustaining the lives of persons in distress after abandoning ship;
means a mobile station in the maritime mobile service intended solely for survival purposes and located on any lifeboat, life-raft or other survival equipment;
means the Merchant Shipping Act, 1951 (Act No. 57 of 1951);
in relation to a ship, means its gross tonnage calculated in accordance with the tonnage measurement regulations contained in Annex I to the Tonnage Convention;
means the frequency spectrum between 30 MHz and 300 MHz;
means a radio communication service located on the coast offering services in the very high frequency band (30-300 MHz);
means the equipment operating in the frequency band 156.025-162.025 MHz;
means the place on board a ship where a VHF radiotelephone installation is located;
means waters comprising—
| (a) | the internal and territorial waters of the Republic; and |
| (b) | the exclusive economic zone of the Republic. |
| (2) | For the purposes of these regulations, a ship is to be taken to be making a voyage or to be at sea at any time when it is not securely ashore or moored in a safe berth. |