Merchant Shipping Act, 1951 (Act No. 57 of 1951)RegulationsMerchant Shipping (National Small Vessel Safety) Regulations, 2007Part 3 : Crewing19. Unauthorised intoxicating liquor or illicit drugs having narcotic effect |
[Regulation 19 heading substituted by regulation 20 of Notice No. R. 731 dated 11 July 2008]
| (1) | This regulation applies only to commercial vessels. |
| (2) | No person may, in the Republic or on board the South African registered ship elsewhere— |
| (a) | take any unauthorised intoxicating liquor or illicit drugs having narcotic effect on board a vessel; |
| (b) | have any unauthorised intoxicating liquor or illicit drugs having a narcotic effect in his or her possession on board a vessel; |
| (c) | allow another person to take on board a vessel, or to have in his or her possession on board a vessel, any unauthorised intoxicating liquor or illicit drugs having narcotic effect; or |
| (d) | intentionally obstruct another person in the exercise of powers conferred on that person by subregulation (3). |
| (3) | Where an enforcement officer has reason to believe that an offence against subregulation (2) has been committed in relation to any vessel, he or she may, without a warrant— |
| (a) | go on board the vessel and search it and any property on it; and |
| (b) | take possession of any intoxicating liquor or drugs having narcotic effect found on the vessel and believed to be unauthorised intoxicating liquor or illicit drugs having narcotic effect and may detain the intoxicating liquor or drugs having narcotic effect for the period needed to ensure that the intoxicating liquor or drugs having narcotic effect are available as evidence in proceedings for the offence. |
[Regulation 19(3) amended by regulation 21 of Notice No. R. 731 dated 11 July 2008]
| (4) | In this regulation— |
"illicit drug having narcotic effect" means a drug the use or possession of which is prohibited by law;
"drug having narcotic effect" has the same meaning as in section 1(1) of the Drugs and Drug Trafficking Act 1992 (Act No. 140 of 1992);
"intoxicating liquor" means spirits, wine, beer, cider and any other fermented, distilled or spirituous liquor;
"unauthorised intoxicating liquor", in relation to—
| (a) | a fishing boat, means intoxicating liquor of any kind; and |
| (b) | any other vessel, means intoxicating liquor in respect of which permission to take it on board the vessel has been given neither by the skipper or the owner of the vessel nor by a person authorised by the owner of the vessel to give such permission. |
| (5) | Any reference in subregulation (4) to the owner of a vessel is to be read as excluding any member of the crew of the vessel. |