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

Regulations

Merchant Shipping (Safety Management) Regulations, 2003

17. Powers of audit, inspection, suspension of service and detention

 

(1)
(a) For the purpose of ensuring compliance with these regulations, an authorised person may audit the safety management system of any company.
(b) If, after considering the report of an authorised person, the Authority is satisfied that a company, despite holding a Document of Compliance, is unable to operate ships without creating a risk of—
(i) significant danger to safety of life; or
(ii) significant damage to property; or
(iii) significant damage to the marine environment,

or that a company does not hold a Document of Compliance, the Authority may suspend the operation of ships by that company until such time as any such risk is removed or a valid Document of Compliance is held.

(c) Where a service is to be suspended under paragraph (b), the Authority must serve on the company a notice stating that the operation of the service specified in the notice must be suspended and giving reasons for the suspension.

 

(2)
(a) For the purpose of ensuring compliance with these regulations, an authorised person may inspect any ship, which inspection may include an audit of the ship's safety management system.
(b) If, after considering the report of an authorised person, the Authority is satisfied that there is a failure to comply in relation to a ship with the requirements of regulation 5 or 6, the Authority may cause the ship to be detained.

 

(3) An authorised person performing functions in terms of this regulation, who is not a surveyor, has all the powers conferred upon a surveyor by section 9 of the Act.

 

 


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