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

Regulations

Merchant Shipping (National Small Vessel Safety) Regulations, 2007

Annexures

Annexure 1 : Construction requirements (Regulation 6)

 

1 Built-in buoyancy

 

(1) The vessels described below may in lieu of carrying the liferafts contemplated in Annexure 2, be fitted or constructed with built-in buoyancy or comply with other arrangements as follows:
(a) Any category B, C, D and E vessel, other than a passenger vessel, may operate in an unrestricted manner if it has buoyancy built into the vessel which complies with subitems (2) and (3).
(b) Sailing pleasure vessels are exempt from built-in buoyancy on sheltered waters and at sea when operating within 15 miles from shore and within 30 miles from a safe haven, provided such vessels do not operate at night except for the period within two hours after sunset within the designated limits of a commercial harbour.

[Paragraph 1(b) substituted by regulation 36 of Notice No. R. 731 dated 11 July 2008]

(c) Inflatable vessels of any category intending to go to sea, whether fully inflatable or semi-rigid, may in lieu of fitted buoyancy be constructed with at least three separate buoyancy chambers and have the capacity to stay afloat despite the largest two of the chambers being completely deflated. For the purpose of this paragraph, the hull of a semi-rigid inflatable vessel is not considered to be one of the three buoyancy chambers required.
(d) Category R vessels may make any suitable and reasonable provisions to ensure that the vessel retains positive buoyancy when fully flooded, swamped or capsized.
(e) Vessels participating in an organised event are exempted from these requirements for the duration of the event and whilst practising for an event under the auspices of an authorised agency or affiliated club.

 

(2) Watertight compartments and watertight empty cases are not a substitute for built-in buoyancy referred to in subitem (1): Provided that a decked vessel may, instead of built-in buoyancy, be provided with at least two watertight bulkheads so positioned and of sufficient strength that, in the event of flooding of the largest compartment formed by the bulkheads, the vessel will remain afloat in its worst envisaged load condition with positive transverse stability.

 

(3) Built-in buoyancy must consist of a material, such as foam, or approved plastic bottles that are not affected by oil or oil products. Built-in buoyancy must be capable of keeping the vessel afloat when fully flooded, swamped or capsized. It must be capable of floating the vessel, when capsized, in such a manner as to provide a level platform onto which the full complement of the vessel can be secured. In passenger vessels, built-in buoyancy must be such that the vessel will remain afloat with positive transverse stability when fully flooded in its worst envisaged load condition.

 

(4) It is the duty of the owner of a vessel to show, by certification, calculation or test, that—
(a) a vessel with watertight bulkheads complies with subitem (2) ;
(b) a vessel with built-in buoyancy complies with subitem (3); and
(c) an inflatable vessel with buoyancy chambers complies with subitem (1)(c) .

 

2 Hatches and hatch coamings

 

(1) Subject to subitem (4) , hatches on the open deck must be provided with hatch covers that are watertight when dogged down. Special care is to be given to the dogging down arrangements of flush deck hatches.

 

(2) Where a fishing vessel is designed so that the hatch containing the catch can be opened to the sea, the cover of the hatch need not have securing devices making it watertight, but the cover must be capable of being secured in an emergency.

 

(3) All watertight hatches must be capable of withstanding a hose test.

 

(4) On sailing vessels aft-facing companionway hatches that are closed by washboards need not be watertight but must be constructed so that the ingress of water is substantially retarded in the event of the vessel being capsized or pooped.

 

3 Guard rails etc.

 

(1) Subject to subitems (2) and (3)—
(a) every power-driven vessel which goes to sea and has an open deck on which persons can walk must be provided with efficient guard rails, or an equivalent arrangement, around the outboard edge of the deck to a height of at least—
(i) 600 millimetres above the deck on vessels of nine metres or more in overall length; and
(ii) 450 millimetres above the deck on vessels less than nine metres in overall length: Provided that category D and E motor vessels of less than nine metres in overall length are exempt from this requirement if—
(aa) every occupant of the vessel wears a flotation aid when underway; and
(bb) the vessel does not go to sea at night.
(b) every commercial sailing vessel going to sea and having an open deck on which persons can walk must be provided with efficient guard rails, or an equivalent arrangement, around the outboard edge of the deck to a height of at least—
(i) 560 millimetres above the deck on vessels of nine metres or more in overall length; and
(ii) 410 millimetres above the deck on vessels less than nine metres in overall length: Provided that category D and E sailing vessels are exempt from this requirement if—
(aa) every occupant of the vessel wears a flotation aid when on deck and underway; and
(bb) the vessel does not go to sea at night.
(c) every sailing pleasure vessel having an open deck on which persons can walk must be provided with efficient guard rails, or an equivalent arrangement, around the outboard edge of the deck to a height of at least—
(i) 560 millimetres above the deck on vessels of nine metres or more in overall length; and
(ii) 410 millimetres above the deck on vessels less than nine metres in overall length: Provided that category C, D, E and R sailing pleasure vessels are exempt from this requirement if—
(aa) such vessel is within 30 miles of a safe haven; and
(bb) every occupant of the vessel wears an approved flotation aid in rough weather when on deck.

 

(2) Power-driven vessels operating through the surf are exempt from subitem (1) if fitted with bulwarks having a height of at least 450 millimetres forward and 300 millimetres aft.

 

(3) Power-driven vessels constructed so that the cabin-top extends nearly to the vessel's side, with a crew-only access forward, are exempt from subitem (1) if provided with a substantial, secure handrail on each side of the cabin and with a toe rail of at least 50 millimetres in height along the outer edge of the deck.

 

4 Towing arrangements

 

Every vessel must be provided with an efficient means of securing a tow rope or anchor cable.

 

5 Underwater hull fittings

 

Inlet and discharge pipes attached to the underwater part of the hull must be properly flanged to the hull and be provided with a valve or shut-off cock inserted in the line as close as possible to the hull.

 

6 Ventilators

 

(1) Ventilators serving engine or accommodation compartments must be provided with proper closing devices or water traps to prevent the ingress of water into the compartment.

 

(2) Ventilators serving only an engine compartment must be provided with a means of shutting off the air flow in the event of fire in the engine compartment.

 

7 Engine power

 

(1) Every motorised vessel going to sea must be provided with an engine capable of propelling the vessel, in its full load condition, at a speed in calm water of at least 5 knots. Additionally, if the vessel is to be operated in the surf, the engine must be capable of propelling the vessel at a safe speed when operating in surf conditions.

 

(2) Subitem (1) of this Annexure does not apply to sailing vessels, not being sailing passenger vessels, or to dinghies under oars.

 

(3) Every category A, B and C power-driven vessel that employs outboard engine propulsion must be provided with at least two engines either of which must be capable of propelling the vessel, in its full load condition, at a speed in calm water of at least 5 knots. Additionally, if the vessel is to be operated in the surf, either engine must be capable of propelling the vessel at a safe speed when operating in surf conditions.

 

(4) Vessels fitted with inboard petrol engines must comply with the following:
(a) the engine must be installed in a compartment that is protected from water spray and flooding and is adequately ventilated;
(b) a manual bilge pump must be fitted in the engine compartment;
(c) batteries must be stowed in a separate compartment that is protected from sea spray and flooding and is adequately ventilated;
(d) a marinised carburettor with flash arrester must be fitted;
(e) a spark-less alternator with starter must be fitted;
(f) a flameproof extractor fan set to operate for a minimum of 30 seconds before the engine starts must be fitted in the engine compartment;
(g) a remote controlled fire extinguishing system must be fitted in the engine compartment;
(h) in the case of category A, B and C vessels fitted with a single inboard petrol engine, an auxiliary outboard engine must be provided.

 

(5) Exhaust pipes and silencers must be water cooled or lagged.

 

8 Fuel tanks

 

(1) Fuel tanks must be efficiently secured and of adequate capacity and must be constructed of suitable material.

 

(2) Outlets of built-in fuel tanks must be fitted with shut-off valves or approved automatic shut-off and anti-syphoning devices. Shut-off valves that cannot readily and safely be accessed must be capable of remote operation.

 

(3) Fuel filler pipes to built-in fuel tanks must be adequate for the purpose and must be provided with adequate sealing threaded plugs or caps. Only non-corrosive materials may be used.

 

(4) All fuel tanks must be fitted with adequate breathers or breather pipes led to a height allowing the vessel to heel to 50 degrees without fuel escaping through them. The breathers or breather pipes must be led to the outside of the hull and must be constructed so as to prevent the ingress of water into the tank in all operating conditions.

 

(5) All fuel tanks must be provided with a suitable means for determining the amount of fuel in the tank.

 

(6) All fuel tanks holding petrol must be fitted or stored outside engine and battery compartments.

 

(7) Where gauge glasses are provided, they must be fitted with selfclosing valves.

 

9 Electrical installations

 

(1)
(a) Subject to paragraph (b), every category A, B and C power-driven vessel must be provided with an electrical installation that includes at least two identical banks of batteries. Each bank of batteries must be capable of providing sufficient power in accordance with the engine manufacturer's recommendations and have facilities for parallel connection.
(b) Vessels fitted with hand-start engines may be provided with one bank of batteries.

 

(2) Every category D, E and R power-driven vessel must be provided with at least one bank of batteries, unless the vessel is fitted only with hand-start engines.

 

(3) Every sailing vessel fitted with an inboard auxiliary engine must be provided with at least one bank of batteries, unless the vessel is fitted only with hand-start engines.

 

(4) Vessels required to be provided with one or more banks of batteries must be provided with a suitable battery charging appliance, and if more than one engine is fitted each engine must be provided with a battery charging appliance capable of charging both banks of batteries.

 

(5) All electrical installations must conform to good, established marine practice and all electrical equipment must be constructed so that there will be no danger of injury to any person handling the installation in the proper manner.

 

(6) A single bank of batteries must be capable of providing at least 12 hours' auxiliary power for navigation lights, electric bilge pumps (if provided) and fixed radio equipment.

 

10 Emergency steering arrangements

 

A means of emergency steering must be provided in every vessel that is not steered by means of a tiller, including a tiller control arm of an outboard engine. The emergency steering must be capable of operation at all angles and when an outboard engine is fitted and tilted. The emergency steering may be portable, in which case it must be stored in a readily accessible position for rapid attachment in an emergency.

 

11 Bilge pumping arrangements

 

(1) This item does not apply to—
(a) ski-boats having self-draining decks;
(b) inflatable or semi-rigid inflatable vessels having self-draining decks; or
(c) sailing or rowing dinghies,

but such vessels must be provided with an efficient bailing device.

 

(2) Every category A power-driven decked vessel must be provided with two power-driven bilge pumps. Each bilge pump must have its own prime mover and may be driven off the vessel's main engines if more than one main engine is installed; otherwise, the configuration must be such that one pump is driven off the main engine and the other by a standby engine. The pump driven off the standby engine may be electrically powered.

 

(3) Every category B, C, D and E power-driven decked vessel of seven metres or more in overall length fitted with an inboard main engine must be provided with a power-driven bilge pump having as its prime mover the vessel's main engine. Where the configuration of the inboard engine is such that it cannot act as the prime mover, the bilge pump may be electrically powered. In addition, every such vessel must be provided with a hand- operated bilge pump situated above the main deck. All other category B, C, D and E power-driven decked vessels of seven metres or more in overall length must be provided with two hand-operated bilge pumps, one of which may be installed below the main deck, the other above the main deck.

 

(4) Every category B, C, D and E power-driven decked vessel of less than seven metres in overall length must be provided with at least one hand-operated bilge pump.

 

(5) Every category A decked sailing vessel must be provided with two hand-operated bilge pumps, and every category B, C, D, E and R decked sailing vessel over seven metres in length must be provided with one hand-operated bilge pump.

 

(6) Every category R power driven vessel which does not have a selfdraining arrangement must be fitted with at least one efficient pump as described in subitem (7) below. Where the fitting of such arrangements is clearly impracticable, an efficient bailer should be provided. However, no vessel over seven metres may be exempted from fitting a suitable pump.

 

(7) All power-driven and hand-operated bilge pumps must have a minimum pumping capacity of 3 000 litres and 2 000 litres per hour, respectively.

 

(8) All bilge pumps must be fitted, where necessary, with piping arrangements, valves, suctions and strainers to pump out every compartment in a vessel, other than a compartment used exclusively for catches of fish and which can be flooded without adversely affecting the vessel's buoyancy or stability.

 

(9) Every bilge pumping arrangement discharging, in any operating condition, below the waterline must be fitted with a sufficient number of non-return valves to prevent back-flooding.

 

(10) Portable pump levers for hand-operated bilge pumps must be kept in a readily accessible space as near to the pump as possible and, in the case of pumps above the main deck, in a readily accessible space or locker above the main deck.

 

12 Visibility at steering position

 

Where a steering position is not situated in the open, visibility from 112,5 degrees to port and starboard of the centre line ahead must be through safety-toughened clear glass or a South African Bureau of Standards approved alternative. Protection from the glare of the sun may be afforded by means of portable tinted screens.

 

13 Maintenance of propulsion and steering machinery

 

The propulsion and steering machinery of a vessel must be periodically serviced, maintained and, if necessary, repaired in accordance with the manufacturer's instructions and specifications so as to ensure at all times its effective functioning. The period between servicing may not exceed the period recommended by the manufacturer. All servicing, maintenance and repair work on the propulsion and steering machinery of power-driven vessels fitted with a propulsion engine of more than 15 horsepower must be performed by competent persons.

 

14 Crew accommodation in commercial vessels

 

Every commercial vessel that goes to sea for a continuous period of 16 hours or more out of every 24 hours and on which a person is to live while the vessel is in port must be provided with crew accommodation, as follows:

(a) not more than 10 persons may be accommodated in a space that has only one access;
(b) bunks must be single and have clear access from one side. A bunk may not be less than 1,8 metres in length and, in the forecastle space, a bunk may taper in width along its length but may not be less than 600 millimetres at its head and 460 millimetres at its foot. Where bunks are stacked one on top of the other, the height between bunks may not be less 500 millimetres between the base of the lower bunk and the base of the bunk above. Bunks must be so positioned to avoid water drips from access ladders and ventilators. Protection boards encasing the back of an access ladder or drip traps are acceptable when there is no other option but to install a bunk under a ladder or ventilator. Each bunk must have a cubby hole for the storage of personal items. Bunks butting onto each other must be separated with a board having a minimum height of 500 millimetres;
(c) sleeping arrangements are not permitted in engine room or galley spaces. Sleeping arrangements are permitted in the steering space provided the steering gear is enclosed, has a separate escape hatch to the deck and the bulkhead between the steering and engine room spaces is made gas tight. Exhaust pipes passing through the steering space must be boxed in and ventilated to the outside;
(d) galleys fitted with gas stoves may not have an access to the engine room. Where this cannot be avoided, there must be installed a gas-tight access between the engine room and galley. The immediate area about the stove must be insulated to inhibit the spread of fire;
(e) at least one toilet and shower must be provided on vessels carrying up to ten persons and at least two toilets and showers must be provided on vessels carrying not more than 19 persons. An additional toilet and shower must be provided for every additional 10 persons, or part of that number, carried. Toilets and showers must be located outside, but adjacent to, sleeping spaces;
(f) all accommodation spaces must be provided with adequate ventilation with closing devices to prevent water ingress from spray or rain and air ingress in the event of a fire in the space;
(g) all accommodation spaces must be provided with adequate electrical lighting; and
(h) all accommodation spaces must provide a minimum head height of at least 1,8 metres; this may be reduced in way of bunks, cupboards and other spaces where persons would not normally need to stand or walk in the upright position.

 

15 Gas appliances

 

Every gas operated cooker or refrigerator installed in a commercial vessel must be fitted with a safety device capable of preventing the build up of an explosive atmosphere in the event of a flame-out. The device must be maintained in good working order at all times.

 

16 Additional requirements for passenger vessels

 

(1) Every passenger vessel must comply with the following the requirements in addition to the requirements contemplated in Part 2 of these regulations:
(a) two outboard engines, complying with item 7(3), or an inboard diesel engine must be fitted;
(b) petrol outboard engines must be provided with either approved portable fuel tanks; containing a maximum combined total of 50 litres, or inboard tanks built and fitted to the appropriate ISO standards containing a combined maximum of 200 litres in total at any time.
(c) inboard engine compartments must be protected by—
(i) smoke and heat sensors linked to an alarm generating device located at the conning position; and
(ii) a manual fire smothering system capable of remote operation;
(d) a bilge alarm must be fitted in every compartment having a hull fitting open to the sea; and
(e) seating arrangements must be adequate for the number of persons authorised to be carried by the vessel's local safety certificate.

 

(2) Every passenger vessel certified to carry a maximum of 20 passengers must comply with following requirements in addition to the requirements contemplated in subitem (1):
(a) with the vessel in the worst anticipated intact condition and, as far as is practicable, with 75 per cent of the passengers congregated on one side of the vessel and 25 per cent on the other side, the angle of heel may not exceed seven degrees and may not result in deck-edge immersion of the vessel;
(b) with the vessel in the worst anticipated intact condition and, as far as is practicable, with all of the passengers congregated on one side, neither may a capsizing moment be introduced nor may the resultant angle of heel result in a down-flooding point being reached; and
(c) with the vessel in its fully loaded condition including passengers, crew and fuel, the freeboard at the lowest point may not be less than 381 millimetres for vessels not exceeding 6,1 metres in length and 762 millimetres for vessels of 18,3 metres in length; for vessels of intermediate length, the freeboard is to be obtained by linear interpolation.

 

(3) Compliance with the requirements as contemplated in subitem (2) may be demonstrated theoretically or practically.

 

(4) Every passenger vessel certified to carry more than 20 passengers must comply with the stability criteria applicable to ships classified as class VI passenger ships in terms of the Safety of Navigation or with subitem (2) in the case of category R passenger vessels, as decided by the Authority.

 

17 Additional requirements for dive boats

 

Every dive boat must comply with the following requirements in addition to the requirements contemplated in Part 2 of these regulations:

(a) on vessels operating through the surf, adequate seating arrangements with grab points must be provided for all divers on board; such arrangements must not be located on the gunwale unless the gunwale is formed by the outside buoyancy tube of an inflatable or semi-rigid inflatable vessel; and
(b) adequately secured racks capable of accommodating all air tanks on board must be provided.