National Small Vessel Regulations – SAS update

Introduction
The Merchant Shipping Act, 1951 (Act No. 57 of 1951) Merchant
Shipping (National Small Vessel Safety) Regulations, 2007 (“the
Regulations”) were promulgated on 8 August 2007.

Since then SAS and in particular the SAS Offshore Committee has been
grappling with the Regulations in order to advise our members
correctly on their implementation and implications.

To this end a meeting was held at which Rob Tarboton and Lance
Burger, who were initially instrumental in assisting the Department
of Transport in drafting the Regulations on behalf of SAS, were
present as were Patrick Holloway (a maritime attorney), Dave Cox,
Errol Rutherford, Richard Crockett and Sandy Ostendorf. The
Regulations, as well as amendments proposed by the South African
Maritime Safety Authority (“SAMSA”), were carefully considered at the
meeting.

One of the points made was that the role of SAS changed when the
Merchant Shipping (Small Vessel Safety) Regulations, 2002 were
promulgated 5 years ago. It was therefore important that the
committee members of SAS and its members clearly understand what the
role of SAS is today. There has been a move away from the position
where SAS was self-regulating and had consequent responsibilities,
however, that is no longer the case with SAMSA having taken over
certain of the functions and responsibilities. That said, yacht clubs
have the right, in terms of the Regulations, to apply to SAS for
“controlled event” status for “…a competition, event or
regatta”. In terms of the Regulations, the owner and skipper of a
vessel that participates in a controlled event is exempt from the
Regulations for the duration of the event. Therefore and only in the
case of controlled events, SAS takes on the responsibility, which it
had carried prior to 2002. One aspect of that responsibility which it
carries together with the club running the event is to prescribe
safety appliances and equipment.

It is important that ultimately it is the responsibility of every
owner and skipper to satisfy himself or herself the vessel is
seaworthy in all respects for the intended voyage, including insofar
as the competence of the skipper and crew is concerned. This
requirement exists over and above any statutory requirements as
contained in the Regulations.

Certificates of Fitness (“COF”) and Certificates of Competence
(“COC”)
All COF’s and COC’s issued after 8 August 2007 and before 13 December
2007 are to be re-issued by SAS in order to correctly record its
designation as an “authorised agency” and that the certificates have
been issued in terms of the new Regulations. Should you have been
issued a certificate during the aforesaid period and have not yet
been contacted by the SAS office, please contact Sandy Ostendorf
(sandy@sailing.org.za) who will advise you further in this regard.

Compliance with the Regulations
All pleasure vessels must comply with the specified list of safety
appliances and equipment annexed to the Regulations.

Once the envisaged amendments to the Regulations are promulgated,
sailing dinghies and non-powered vessels under 7 metres will be
exempt from complying with the comprehensive safety appliance and
equipment list and will only have to carry a simplified list of 6
items.

The COF and COC requirements do not apply to sailing vessels of less
than 9 metres in length, power driven vessels under 15 horsepower and
vessels propelled by human power alone. That said, sailing vessels of
less than 9 metres in length are required to comply with the
Regulations and have to carry the appliances and equipment listed in
the Regulations.

Power vessels
In respect of inland waters COF’s and COC’s will be required in
respect of the operation of power boats with a horsepower of more
than 15 and owners and skippers have until 8 August 2008 to comply.
SAS is in the process of working to facilitate the issuing of COC’s
for the skippers of rescue boats and will report back in this regard
once a policy and curriculum has been finalised.

Please note the following:

Sailing under the influence
Sailors and skippers should be aware that in terms of the
Regulations it is an offence to be in control of a vessel when under
the influence of alcohol.

Signing out
Vessels need to be signed in and out in terms of the Regulations,
which require a full crew list to be lodged, alternatively that there
is compliance in terms of the requirements of the respective clubs.

Rescue boats
Club rescue boats need to be registered with SAS.

Documents for inspection
Please note that in terms of the Regulations, the holder of a COC
must have it available for inspection “at all reasonable times”.
Members are advised to ensure that they have their original COC’s and
COF’s aboard (alternatively certified copies) and available for
inspection at all times.

Maintenance and condition after inspection
The owner and skipper of a vessel must ensure that the condition of
the vessel, including its structure and its safety appliances and
equipment are maintained and aboard at all times in order to comply
with the Regulations.

Controlled Events Relaxations
The Regulations do make provision for relaxations to some of the
stipulated requirements during controlled events, but an authorized
agency may only grant relaxations after satisfying itself that
adequate alternative safety measures have been put in place.

SAS has been appointed by SAMSA as the approved authorized agency to
grant controlled event status for sailing events. It therefore has to
consider and approve the proposed alternative safety measures before
granting any specific relaxations in terms of the provisions for
controlled events.

Clubs and event organizers must therefore apply for and obtain
written authorization from SAS before advertising any controlled
event relaxations. It stands to reason therefore that no relaxations
may be indicated in a Notice of Race before authorization has been
obtained from SAS.

Conclusion
The Regulations contain a number of mistakes and deficiencies. A
number of proposed corrections and amendments have already been
tabled and hopefully will be promulgated shortly.

Further amendments and refinements will be recommended by SAS to the
committee which is to be established under the auspices of SAMSA to
review and amend the SAMSA policy and interpretation of the
Regulations.