Merchant Shipping Act, 1951 (Act No. 57 of 1951)RegulationsMerchant Shipping (Safety Management) Regulations, 200311. Interim certificates |
| (1) |
| (a) | Where a company is newly established, or a company assumes, for the first time, the responsibility for operating a ship of a type not covered by a Document of Compliance already held by the company, the Authority may issue an interim Document of Compliance, valid for a period not exceeding 12 months, so as to facilitate implementation of the ISM Code. |
| (b) | The Authority must not issue an interim Document of Compliance unless it is satisfied that the company— |
| (i) | has a safety management system that meets the objectives of paragraph 1.2.3 of the ISM Code; and |
| (ii) | plans to implement a safety management system meeting all the requirements of the ISM Code within the period of validity of the interim Document of Compliance. |
| (2) |
| (a) | Where a company assumes responsibility for operating a ship that is new to the company or when a ship is transferred between flag States, the Authority may issue an interim Safety Management Certificate, valid for a period not exceeding six months, in respect of the ship upon its delivery. The Authority may, as it considers appropriate, extend the validity of an interim Safety Management Certificate for a further six months. |
| (b) | The Authority must not issue an interim Safety Management Certificate unless it is satisfied that— |
| (i) | a Document of Compliance, or an interim Document of Compliance, that is relevant to the type of ship is held by the company; |
| (ii) | the safety management system provided by the company for the ship includes all key elements of the ISM Code and has been assessed during the audit for the issue of the Document of Compliance or interim Document of Compliance; |
| (iii) | the master and relevant senior officers are familiar with the safety management system and the planned arrangements for its implementation; |
| (iv) | instructions that have been identified as essential to be provided prior to sailing have been given; |
| (v) | plans for audit, by the company, of the ship within three months exist; and |
| (vi) | the relevant information about the safety management system is given in a working language or languages understood by the ship's personnel. |
| (3) | A certificate issued under this regulation must correspond to the appropriate form of certificate set out in the Appendix to the ISM Code. |