[Regulation 16 heading substituted by regulation 16 of Notice No. R. 731 dated 11 July 2008]
| (1) | A certifying authority must issue an applicant with a certificate of competence in accordance with its delegation from the Authority, if it is satisfied that the applicant is physically able and of sound mental health and— |
| (a) | in the case of a certificate in respect of a commercial vessel— |
| (i) | is not under the age of 18 years; and |
| (ii) | satisfies the relevant requirements specified by the Authority; or |
| (b) | in the case of a certificate in respect of a pleasure vessel— |
| (i) | is not under the age of 16 years; and |
| (ii) | satisfies the relevant requirements specified by the Authority after consultation with the affected governing body, if any. |
| (2) | A certifying authority may suspend or cancel a certificate of competence if— |
| (a) | the holder has been convicted of an offence in terms of the Act or an offence of which dishonest conduct is an element and which relates to the obtaining of any license or certificate under the Act; |
| (b) | it believes on reasonable grounds that the holder has conducted himself or herself in a negligent or incompetent manner while serving in any capacity authorised by the certificate; or |
| (c) | it believes on reasonable grounds that the certificate was obtained fraudulently or on wrong information. |
[Regulation 16(2) substituted by regulation 17(a) of Notice No. R. 731 dated 11 July 2008]
| (3) | A person whose certificate of competence has been suspended or cancelled as contemplated in subregulation (2) must surrender the certificate to the certifying authority upon demand. |
| (a) | A person whose certificate of competence has been suspended or cancelled may appeal in writing to the Minister against the suspension or cancellation, as the case may be, not later than three months after the date of the decision to suspend or cancel the certificate. |
| (b) | Upon receiving an appeal, the Minister must designate one or more officials in the Department of Transport to hear any representations made by the appellant and the certifying authority and to report to the Minister, who must then determine the appeal. |
| (c) | In determining an appeal, the Minister may confirm, vary or set aside the suspension or cancellation of an appellant's certificate, and the certifying authority must give effect to the Minister's determination. |
| (5) | Any person referred to in subregulation (4) may choose not to appeal to the Minister, in which case he or she may appeal to the High court within area of jurisdiction of which the person resides in terms of the applicable rules of the said court. |
| (6) | The holder of a certificate of competence must keep the original certificate, or a certified copy thereof, available for inspection at all reasonable times. |
| (7) | A skipper of a pleasure vessel who is not permanently resident in the Republic and who holds or carries a certificate of competence or licence issued by or under the authority of a foreign government which, in terms of such government certificate or licence, authorises the skipper to operate the type of vessel is deemed, for three months after arrival in the Republic, to hold a certificate of competence in terms of these regulations, provided he or she carries such certificate with him or her. |
[Regulation 16(7) substituted by regulation 17(b) of Notice No. R. 731 of 2008]
