National Small Business Act, 1996 (Act 102 of 1996)
R 385
Merchant Shipping Act, 1951 (Act No. 57 of 1951)RegulationsMerchant Shipping (Training, Certification and Safe Manning) Regulations, 2021Part 6 : Manning Requirements97. Determination of minimum number of persons employed on South African ships |
| (1) | Employment of officers and ratings onboard a South African ship shall be, as a minimum, in accordance with Regulations 100 -107. |
| (2) | This regulation does not limit the power of the proper officer to issue and determine suitable manning levels as authorised by regulation 93(4). |
| (3) | The proper officer may request that the owner or master of a ship conduct a risk assessment to establish minimum safe manning levels for a ship which is engaged in operations where the manning levels contemplated in Part 7 are deemed to be insufficient. |
| (4) | The owner or master may apply to the proper officer at the nearest port for the number of certificated officers and ratings to be determined in accordance with this subregulation. The proper officer may only issue such an alternative manning after— |
| (a) | the owner has applied in writing, motivating the deviation from the manning levels provided in Part 7, and has provided a risk assessment. Should the application be for multiple vessels, such vessels shall be similar in size and operations; and |
| (b) | the proper officer, if in agreement with the application in paragraph (a) shall— |
| (i) | review the risk assessment; and |
| (ii) | if satisfied, issue a safe manning document with such alternative manning levels established in accordance with the risk assessment and recommendations of a surveyor. |
| (5) | The risk assessment referred to in subregulation (3) shall be conducted as prescribed by the Authority and remains valid except if— |
| (a) | five years have elapsed from the date of issue; |
| (b) | the ownership or operations of the ship have been changed; |
| (c) | the ship's safety certificates issued in terms of the Act have lapsed for a period of more than three months without notification to the Authority; and |
| (d) | the vessel is not maintained in a seaworthy state. |
| (6) | For the purposes of subregulation 5(d) a vessel shall be regarded as not in a seaworthy state if an inspection reveals— |
| (a) | regular non-compliance with minimum rest hours; and |
| (b) | poor maintenance of the ship. |
