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

Chapter V : Safety of Ships and Life at Sea

Part I : Construction of ships, provision of life-saving appliances and installation of radio

200. South African ships not to be taken to sea without safety certificates

 

(1) Neither the owner nor the master of a South African ship shall cause or permit her to proceed to sea from any port within or outside the Republic, or cause or permit her to operate at or from a port in or from anywhere else on the coast of the Republic, unless there is on board and in force in respect of that ship
(a) if she is a passenger ship engaged in an international voyage, a passenger ship safety certificate appropriate to the voyage in which she is engaged and if an exemption certificate has been issued, such exemption certificate; or

[Section 200(1)(a) substituted by section 16(a) of Act No. 13 of 1965]

(b) if she is a passenger ship not engaged in an international voyage, a local general safety certificate appropriate to the voyage in which she is engaged, and if a local safety exemption certificate has been issued, such local safety exemption certificate; or

[Section 200(1)(b) substituted by section 16(a) of Act No. 13 of 1965]

(c) if she is a ship (other than a passenger ship) to which the Safety Convention applies and engaged in an international voyage—
(i) a cargo ship safety construction certificate and if an exemption certificate has been issued, such exemption certificate; and
(ii) a cargo ship safety equipment certificate and if an exemption certificate has been issued, such exemption certificate; and
(iii) a cargo ship safety radio certificate and if an exemption certificate has been issued, such exemption certificate; or

[Section 200(1)(c)(iii) substituted by section 7(a) of Act No. 23 of 1997]

(iv) [Section 200(1)(c)(iv) deleted by section 7(b) of Act No. 23 of 1997]
(v) an exemption certificate, if the ship is exempt from all the requirements of the radio regulations; or

[Section 200(1)(c) substituted by section 16(a) of Act No. 13 of 1965]

(d) if she is a ship (other than a passenger ship) not engaged in an international voyage or a ship (other than a passenger ship) to which the Safety Convention does not apply and engaged in an international voyage, a local general safety certificate appropriate to the voyage in which she is engaged, and if a local safety exemption certificate has been issued, such local safety exemption certificate.

[Section 200(1)(d) substituted by section 16(a) of Act No. 13 of 1965]

[Section 200(1) substituted by item 15 (Schedule 2) of Act No. 58 of 1998]

 

(2) Subsection (1) shall not prohibit the owner or master of a ship from causing or permitting her to proceed to sea—
(a) on a voyage other than an international voyage, if there are on board and in force in respect of the ship such certificates as would be required if she were engaged in an international voyage; or
(b) if she is not a passenger ship, and if there are on board and in force in respect of the ship such certificates as would be required if she were a passenger ship.

 

(3) The Authority may authorize the owner or master of a passenger ship registered in the Republic to cause the ship to proceed to sea from a port in the Republic on an international voyage not exceeding twelve hundred nautical miles in length between the last port of call in the Republic and the final port of destination, provided there is on board and in force in respect of that ship a passenger ship safety certificate for a short international voyage and if an exemption certificate has been issued, such exemption certificate; and upon such authority being granted, the certificate or certificates referred to shall for the purposes of this section be deemed to be appropriate to such voyage, notwithstanding the fact that the distance between the said ports exceeds six hundred nautical miles.

[Section 200(3) substituted by section 16(b) of Act No. 13 of 1965]