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

Regulations

Merchant Shipping (National Small Vessel Safety) Regulations, 2007

Part 3 : Crewing

17. Physical and mental fitness
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(1) No person may operate a vessel if he or she is not physically able to do so and not of sound mental health.

 

(2) No person may operate a vessel or any of a vessel's equipment or machinery while under the influence of intoxicating liquor or a drug having narcotic effect to such an extent that his or her capacity to fulfil his or her responsibility for the vessel or carry out his or her duties relative to the vessel is impaired.

[Regulation 17(2) substituted by regulation 18(a) of Notice No. R. 731 dated 11 July 2008]

 

(3) No person may operate a vessel or any of a vessel's equipment or machinery while—
(a) the concentration of intoxicating liquor in any specimen of blood taken from any part of his or her body is 0,05 gram or more per 100 millilitres; or
(b) the concentration of intoxicating liquor in any specimen of breath exhaled by such person is 0,24 milligrams or more per 1 000 millilitres.

[Regulation 17(3) substituted by regulation 18(b) of Notice No. R. 731 dated 11 July 2008]

 

(4) For the purposes of subregulation (3)(b), the concentration of intoxicating liquor in any breath specimen is to be ascertained by using the equipment prescribed under section 65(7) of the National Road Traffic Act 1996 (Act No. 93 of 1996).

 

(5) No person may refuse that a specimen of blood, or a specimen of breath, be taken of him or her.

[Regulation 17(5) substituted by regulation 18(c) of Notice No. R. 731 dated 11 July 2008]

 

(6) Section 65(3), (4) and (6) of the National Road Traffic Act 1996 applies, with the necessary changes, in relation to any prosecution for contravening a provision of subregulation (3).

 

(7) Section 65(8) of the National Road Traffic Act 1996 applies, with the necessary changes, in relation to the detention of any person for an alleged contravention of a provision of subregulation (2) or (3).