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

Regulations

Merchant Shipping (Safe Manning, Training and Certification) Regulations, 2013

Part 9 : Repeal of Regulations and Savings, Transitional Arrangements, and Title and Commencement

120. Transitional arrangements

 

(1) Until 1 January 2017, the Authority may continue to issue, recognise and endorse certificates in accordance with the provisions which applied immediately prior to 1 January 2012 in respect of those seafarers who commenced approved seagoing service, an approved education and training programme or an approved training course before 1 July 2013.

 

(2) Until 1 January 2017, the Authority may continue to revalidate certificates and endorsements in accordance with the provisions which applied immediately prior to 1 January 2012.

 

(3) Masters and/or owners of fishing vessels not required to employ certificated ratings onboard before the commencement of these regulations shall be required to employ certificated ratings onboard two years after these regulations come into force.

 

(4) Any certificate issued under the Act, before promulgation of these regulations, shall continue to be valid until the later of the following instances:
(a) For certificates issued under the Examination Regulation for Certificates of Competency for Fisherman, 1993 and Examination Regulations for certificates of competency as Marine Motormen, 1993—
(i) 24 months from the date of these regulations coming into force; or
(ii) five years after the issue of a certificate;
(b) For certificates (except special grade certificates) issued in terms of the Merchant Shipping (Training and Certification) Regulation, 1999 and Ships Officer Medical Training Regulations, 1992—
(i) a date of expiry which is endorsed to it;
(ii) five years from the date of issue of certificates; or
(iii) 12 months from the date of these regulations coming into force.

 

(5) Any certificate as Efficient General Purpose Rating (Port Operations) shall continue to be valid until the later of the following dates:
(i) 12 months from the date of these regulations coming into force; or
(ii) five years after the date of issue of the certificate
(iii) thereafter, to be issued a GPR certificate of proficiency, a candidate shall have completed, during the required sea service or port operations service, an approved onboard training record book (able seafarer deck and able seafarer engine); and
(iv) have completed approved training and meet the standards of competence specified in the Code.

 

(6) Any restricted Radiotelephone Operators Certificates issued in terms of the Merchant Shipping Act 57 of 1951 may continue to be used the purpose for which they were issued until replaced by the long and short range certificate.

 

(7) Masters or owners, as the case may be, must, within two years after entry into force of these Regulations, ensure that ratings, who have designated safety, or pollution prevention duties, complete "basic training" in terms of Regulation 91(e).

[Regulation 120(7) inserted by regulation 58 of Notice No. R. 544, GG 38912, dated 25 June 2015]

 

(8) Masters or owners, as the case may be, of passenger vessels engaged in voyages other than unlimited voyages must, within two years after the entry into force of these Regulations, comply with Regulation 108.

[Regulation 120(8) inserted by regulation 58 of Notice No. R. 544, GG 38912, dated 25 June 2015]

 

(9) Masters or owners, as the case may be, of fishing vessels of less than 30m in length, required by these Regulations to increase the number of deck officers on board, must comply within two years after the entry into force of these Regulations.

[Regulation 120(9) inserted by regulation 58 of Notice No. R. 544, GG 38912, dated 25 June 2015]

 

(10) Fishing vessels issued with safe manning certificates based on operating in the so- called "Defined fishing zone" before the coming into force of these Regulations, may continue to operate at the manning levels prescribed under the Merchant Shipping (Safe Manning) Regulations 1999 and applicable to the "Defined fishing zone ", until 22 July 2015.

[Regulation 120(10) inserted by regulation 58 of Notice No. R. 544, GG 38912, dated 25 June 2015]

 

(11) Before 1 January 2016, personnel who produce documentary evidence of serving on a sea going ship for six months in the previous three years performing security functions shall be exempted from the training required for personnel with designated security duties and may be awarded the Certificate of Proficiency.

[Regulation 120(11) inserted by regulation 58 of Notice No. R. 544, GG 38912, dated 25 June 2015]