Merchant Shipping Act, 1951
Manning of Ships Regulations, 2003
Government Notice 240 of 2003
- Published in Government Gazette 3097 on 20 November 2003
- Commenced on 20 November 2003
- [This is the version of this document at 15 November 2017.]
- [Note: The version of this legislation as at 15 November 2017 was revised and consolidated by the Legal Assistance Centre and the Government of the Republic of Namibia. All subsequent amendments have been researched and applied by Laws.Africa for NamibLII.]
1. Definitions
In these regulations any word or expression to which a meaning has been assigned in the Merchant Shipping Act, 1951 (Act No. 57 of 1951), shall bear that meaning and, unless the context otherwise indicates -“attended machinery spaces” mean those spaces containing main propulsion and associated machinery and all sources of main electrical supply which are at all times manned under all operating conditions, including manoeuvring;“certificate of competency” means a certificate of competency granted in terms of Chapter III of the Act;“certificated officer” means a master or a ships’s officer holding a certificate of competency granted in terms of the Act;[The word “ship’s” is misspelt in the Government Gazette, as reproduced above.]“defined fishing zone” means the combined sea areas of the territorial sea and the exclusive economic zone as those areas are defined in the Territorial Sea and Exclusive Economic Zone of Namibia Act, 1990 (Act No. 3 of 1990);“fishing vessel” means any vessel used to catch or harvest any living resource from the sea;“GMDSS” means the global maritime distress and safety system as set out in Chapter IV of the Convention for the Safety of Life at Sea, 1974;“gross tonnage” means the gross tonnage as defined in the International Convention on Tonnage Measurement, 1969;“inshore mining” means mining of the sea bed within an area of no more than two nautical miles from the low water line;“length”, in relation to a ship, means the registered length which is recorded on the relevant International Tonnage Certificate or Certificate of Registry;“low water line” means the line of lowest astronomical tide;“mining vessel” means a vessel designed, constructed or converted and equipped and used for mining operations;“nautical mile” means the international nautical mile of 1 852 metres;“offshore mining” means mining of the seabed more than two nautical miles from the low water line;“other ships” means any ship inclusive of lighters, except a passenger ship, cargo ship, mining vessel, fishing vessel, pleasure craft, or high-speed craft;“owner”, in relation to a ship, means the person or persons registered as owner of the ship and includes any other organisation or person such as the manager, or the bareboat charterer, who has assumed responsibility for the operation of the ship from the shipower;[The word “shipowner” is misspelt in the Government Gazette, as reproduced above.]“periodically unattended machinery spaces” means those spaces containing main propulsion and associated machinery and all sources of main electrical supply which are not at all times manned under all operating conditions, including manoeuvring;“Permanent Secretary” means the Permanent Secretary in the Ministry of Works, Transport and Communication;“power”, in relation to a ship, means the total maximum continuous rated output power in kilowatts of all the ship’s main propulsion machinery which appears on the ship’s certificate of registry;“radio personnel” means a person in charge of, or performing, radio duties on a ship or vessel;“rating” means a seaman other than a ship’s officer;“restricted operations” means operations, other than fishing operations, stated on the ship’s safety certificate as being restricted to within a defined area;“ro-ro passenger ship” means a passenger ship with ro-ro or special category spaces as defined in the International Convention for the Safety of Life at Sea, 1974;“seagoing ship” means a ship with a trading area greater than inland waters;“the Act” means the Merchant Shipping Act, 1951 (Act No. 57 of 1951);“tonnage”, in relation to a ship, means the gross tonnage units which are recorded on the relevant International Tonnage Certificate;“STCW-F95 Convention” means the International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel, 1995;“STCW-78 Convention” means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978.2. Application of regulations
3. Responsibility of owner and master
Notwithstanding that the owner and master of a ship or vessel has:4. Working hours
5. Certificated officers in charge of navigational or deck watches on ships or vessels other than fishing vessels of 50 gross tonnage or more
Column 1 Item | Column 2 Gross tonnage of ship | Column 3 Class of certificates | Skipper/mate or class | ||||||||
---|---|---|---|---|---|---|---|---|---|---|---|
1 | 2 | 3 | 4 | 1-F/5 | 11-F/6 | ||||||
Part A | Unlimited trade | ||||||||||
1 | 3000 ton or more | 1 | 1 | 1 | 1 | - | - | ||||
2 | 500 ton or more but less than 3000 ton | - | 1 | 1 | 1 | - | - | ||||
3 | less than 500 ton | - | 1 | 1 | - | - | - | ||||
Part B | Near-coastal | ||||||||||
4 | 3000 ton or more | 1 | 1 | 1 | - | - | - | ||||
5 | 500 ton or more but less than 3000 (trading) | - | 1 | 1 | - | - | - | ||||
6 | 500 ton or more but less than 3000 ton (no-trading) | - | 1 | - | 1 | - | - | ||||
7 | 200 ton or more but less than 500 | - | - | - | - | 2 | 1 | ||||
8 | 50 ton or more but less 200 | 2 | |||||||||
9 | 50 ton or more | Two persons holder of the “Small Boat Certificate” if the voyage is more than 16 hours | |||||||||
10 | 50 ton or more | One person holder of the “Small Boat Certificate” if the voyage is less than 16 hours |
6. Certificated officers in charge of engineering watches on ships or vessels other than fishing vessels of 350kW or more
Column1Item | Column 2Registered power of ship (kW) | Column 3Class of certificates | |||||
---|---|---|---|---|---|---|---|
1 | 2 | 3 | 4 | 5 | 6 | ||
Part A. - Attended Machinery spaces | |||||||
1 | 3000 or more | 1 | 1 | - | 2 | - | - |
2 | 750 or more but less than 3000 | - | 1 | 1 | 1 | - | - |
3 | 350 or more but less than 750 | - | - | - | 1 | 1 | - |
Part B. - Periodically unattended machinery space | |||||||
4* | 3000 or more | 1 | 1 | - | 1 | - | - |
5* | 750 or more but less than 3000 | - | 1 | 1 | - | - | - |
6* | 350 or more but less than 750 | - | - | - | 1 | - | - |
7. Certificated officers in charge of navigational watches on ships or vessels other than fishing vessels of 50 gross tonnage or more engaged in restricted operations
Column 1 Item | Column 2 Operational area | Column 3 Class of certificates | |||||
---|---|---|---|---|---|---|---|
1 | 2 | 3 | 4 | 5 | 6 | ||
1 | Ships of less than 500 gross tonnage operating within port limits extended by 10 nautical miles | - | - | - | - | - | 1 |
2 | Offshore mining* ships or vessels of less than 500 gross tonnage | - | - | - | 1 | 2 | - |
3 | Inshore mining* | - | - | - | - | - | 2 |
8. Certificated officers in charge of engineering watches on ships or vessels other than fishing vessels of 350 kW or more engaged in restricted operations
Column1Item | Column 2Operational area | Column 3Class of certificates | |||||
---|---|---|---|---|---|---|---|
PART A | Ship or vessel operating within port limits extended by 10 nautical miles and power of the ship or vessel in kilowatts | 1 | 2 | 3 | 4 | 5 | 6 |
1 | 750 kW or more but less than 3000 kW | - | - | - | 1 | 1 | - |
2 | 350 kW or more but less than 750 kW | - | - | - | - | 1 | - |
- | - | - | - | - | |||
PART B | Offshore mining operations by a ship or vessel of any power | - | 1 | 1 | 1 | - | - |
PART C | Inshore mining operations and power of ship | ||||||
4 | 350 kW or more | - | - | - | - | 1 | 1 |
9. Certificated officers in charge of engineering watches on fishing vessels of 350 kW or more operating outside the defined fishing zone
The owner and master of every fishing vessel of 350 kW or more whose area of operations extends outside the defined fishing zone shall ensure that there are employed on board the vessel, in their appropriate capacities such certificated persons deemed to be certificated under the Act, as are shown in Column 3 of the Table below:Column 1 Item | Column 2 Registered power of vessel (kW) | Column 3 Class of certificates | |||||
---|---|---|---|---|---|---|---|
1 | 2 | 3 | 4 | 5 | 6 | ||
PART A | Attended machinery spaces | ||||||
1 | 3000 kW or more | 1 | 1 | - | 2 | - | - |
2 | 750 kW or more but less than 1000 kW | - | 1 | 1 | 1 | - | - |
3 | 750 kW or less | - | - | 1 | 1 | - | - |
PART B | Periodically unattended machinery spaces | ||||||
4* | 3000 kW | 1 | 1 | - | 1 | - | - |
5* | 750 kW or more but less than 3000 kW | - | 1 | 1 | - | - | - |
6* | 750 kW or less | - | - | 1 | - | 1 | - |
10. Certificated officers in charge of navigational watches on fishing vessels
Column 1Item | Column 2Length of vessel | Column 3Class of certificates | |
---|---|---|---|
Skipper or mate class I-F | Skipper or mate class II-F | ||
1 | 24m or more | 2 | 1 |
2 | 12m or more but less than 24m | 2 | |
3 | 12m or more | Two persons holder of the “Small boat Certificate” |
11. Certificated officers in charge of engineering watches on fishing vessels of 350 kW or more operating within the defined fishing zone
Column1Item | Column 2Power of engine | Column 3Class of certificates | |||||
---|---|---|---|---|---|---|---|
1 | 2 | 3 | 4 | 5 | 6 | ||
1 | 3000 kW or more | - | 1 | 1 | 1 | - | - |
2 | 750 kW or more but less than 3000 kW | - | - | - | 1 | 1 | - |
3 | 350 kW or more but less than 750 kW | - | - | - | - | 1 | 1 |
12. Radio personnel
13. Minimum safe manning certificates on board
14. Dispensations
15. Manning not in accordance with minimum safe manning and re-determination of minimum safe manning
16. Owner to appoint master or skipper and chief engineer
The owner of any ship or vessel shall subject to these regulations appoint in accordance with the regulations the master or skipper and chief engineer.17. Documentation
The Permanent Secretary may, at any time, request any documentation relevant to the minimum safe manning of a ship or vessel.18. Offences
The owner or master of a ship or vessel who sails the ship or vessels from a port without the minimum safe manning levels prescribed by these regulations shall be guilty of an offence, and shall on conviction be liable to a fine of N$10 000 or imprisonment for a year or both such fine and imprisonment.19. Short title
The regulations shall be called the Manning of Ships Regulations[An obvious error in the placement of the regulation number has been corrected here.]History of this document
15 November 2017 this version
Consolidation
20 November 2003
Commenced