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

Regulations

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

Part 4 : Training

85. Maritime training providers

 

(1) The authority may grant an accreditation to a training provider to conduct any training required by the Code. Such accreditation given in terms of these regulations shall:
(a) be given in writing;
(b) not be valid for a period exceeding three years;
(c) state the date which it takes effect and expires and the conditions under which it is given;
(d) shall stipulate the minimum duration of the course and maximum number of candidates permitted; and
(e) may, immediately after an audit, be altered, suspended or cancelled, provided that if the accreditation is cancelled, a minimum of 30 days' notice shall be given.

 

(2) To be accredited as maritime training provider authorized to conduct approved training in terms of these regulations, a training provider shall:
(a) have appointed instructors who—
(i) have appreciation of the training and an understanding of the specific training objectives for the particular type of training to be conducted;
(ii) are qualified in the task for which the training is to be conducted; and
(iii) if training is to be conducted using a simulator;
(aa) have received appropriate guidance in instructional techniques involving the use of simulators; and
(bb) have gained practical operational experience on the particular type of simulator to be used;
(b) have appointed assessors who—
(i) have an appropriate level of knowledge and understanding of the competence to be assessed;
(ii) are qualified in the task for which the assessments to be made;
(iii) have received appropriate guidance in assessment methods and practice and have attended an approved assessors training programme;

[Regulation 85(2)(b)(iii) substituted by regulation 44(a) of Notice No. R. 544, GG 38912, dated 25 June 2015]

(iv) have gained practical assessment experience; and
(v) if they are to conduct assessment involving the use of simulators, have gained practical assessment experience on the particular type of simulator to be used under the supervision and to the satisfaction of an experienced assessor;
(c) maintain a quality management system with procedures to—
(i) Maintain records of dates when courses are held;
(ii) record the outcome of the courses for all candidates;
(iii) keep the records for a period of five years; and
(iv) record the candidates' full names, date of birth, place of birth and Identity Document number or passport for a foreign candidate;
(d) conduct internal audits annually and submit a copy to the authority;
(e) have adequate facilities and training equipment as specified in the Code;
(f) make available, in January each year, a schedule of planned courses for the year ahead. Such schedule shall be updated each time a course is run outside the scheduled dates; and
(g) the quality management system referred to in paragraph (c) of this subregulation, and records required shall be made accessible within a two day period for inspection and auditing.

 

(3) Application for accreditation shall be made in the form and manner, include the information and be accompanied by the documents specified by the Authority.

[Regulation 85(3) substituted by regulation 44(b) of Notice No. R. 544, GG 38912, dated 25 June 2015]

 

(4) For accreditation, a maritime training provider shall allow the Authority:
(a) to inspect the provider's facilities, training and assessment arrangements, methods and materials; and
(b) to interview the provider's students, administrative personnel, and training instructions, supervisors and assessors.

 

(5) An accredited maritime training provider shall:
(a) make available to the Authority any information it may require about approved training offered by the provider; and
(b) inform the Authority, without delay, of any change in the personnel delivering the training or the methods or material for delivering it.

 

(6) Every accredited training provider authorised to conduct level 2 assessments in terms of regulation 15 shall:
(a) submit, for moderation by an examiner, all final examination question papers and memoranda before the examination is written by candidates;
(b) submit, for moderation by an examiner, final examination scripts, before a final mark is given to the candidates;
(c) make available to an examiner any examination scripts, assessment results, course assignments, progress reports or other training-related reports that the Authority may require; and
(d) for audit purposes, keep for at least five years the information referred to in paragraphs (a) and (b).

 

(7) An examiner may visit an accredited maritime training provider at any reasonable time to inspect and audit the conduct of any activity covered by the provider's accreditation.

 

(8) Where an accredited institution has been found to have contravened the conditions of accreditation which cannot be rectified, the authority may refuse to accredit such an institution.

 

(9) The Authority shall publish a marine notice with details of courses and institutions accredited.