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

Regulations

Merchant Shipping (National Small Vessel Safety) Regulations, 2007

Part 5 : Supplemental

31. Powers of enforcement officers

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(1) Subject to subregulation (3), an enforcement officer may, in order to verify and ensure compliance with these regulations—
(a) board and inspect a small vessel and its appliances and equipment, ask any pertinent questions of, and demand all reasonable assistance from, the owner or skipper, or any person who is in charge or appears to be in charge, of the vessel; and
(b) require the owner or skipper or other person who is in charge or appears to be in charge of the vessel to produce—
(i) personal identification; and
(ii) any document or certificate required by these regulations.

 

(2)
(a) Subject to paragraph (b) and subregulation (3), an enforcement officer may, in order to ensure compliance with these regulations and in the interests of public safety, direct the movement of a vessel or prohibit the operation of a vessel.

[Regulation 31(2)(a) substituted by regulation 27(a) of Notice No. R. 731 dated 11 July 2008]

(b)Except in an emergency, an enforcement officer may not give a direction or prohibition under paragraph (a) in respect of any vessel in a public harbour for which a harbour master is appointed without the prior consent of the harbour master.

[Regulation 31(2)(b) substituted by regulation 27(a) of Notice No. R. 731 dated 11 July 2008]

(c) The owner or skipper of a vessel whose operation has been prohibited under paragraph (a) may, at own expense, submit the vessel to inspection by the Authority, who may confirm, vary or set aside the prohibition.

 

(3) An enforcement officer who is a safety officer may exercise the powers of an enforcement officer under subregulations (1) and (2) only for the purpose of enforcing the provisions of these regulations that he or she has been authorised to enforce pursuant to regulation 30(4).

 

(4) Every person must comply with the valid instructions of an enforcement officer in the course of performing functions under these regulations.

 

(5) Where the particulars of any vessel, including a commercial vessel, are not recorded with the Director-General or are found to differ substantively from the particulars that are so recorded, an enforcement officer may prohibit the operation of the vessel under subregulation (2) until the vessel's ownership or the deficiency is satisfactorily explained or rectified.

[Regulation 31(5) substituted by regulation 27(b) of Notice No. R. 731 dated 11 July 2008]