South African Maritime Law: STCW & Manning

• The document pertains to marine law and shipping practices in South Africa, aligning with the STCW (2010 Manila Amendments).
• It falls under Part-02-MANNING - SA SHIPS.
• It is relevant to Bachelor of Nautical Science and Bachelor of Marine Engineering programs.

South African Legislation

• MSA (Merchant Shipping Act) is referenced.
• MS (Safe Manning, Training and Certification) Regulations are mentioned.
• Safe Manning Document is discussed.

Ship Personnel Overview

• Crew includes: Master, Seafarer Crew.
• Navigation roles include: Ship's Officer, Deck Officer.
• Engineering roles mentioned include: Engineer Officer, Electro-Technical Officer.
• Support roles also include: Radio Operator, Medical Practitioner, Efficient Cook.
• Deck/Engine Trainee is noted under Rating.

Key Definitions

• Master: Person in charge of the ship, excluding a pilot.
• Seafarer: Any crew member except master, pilot, or cadet.
• Crew: All seafarers onboard.
• Ship's Officer: Navigating or engineer officer, excluding the master.
• Rating: A seafarer who is not a master or officer.
• Deck Officer: Officer serving in the deck department.
• Chief Mate: The officer next in rank to the master.
• Watchkeeping Officer: Officer responsible for a navigational watch.
• Engineer Officer: Officer serving in the engine department.
• Chief Engineer Officer: Senior engineer in charge of mechanical and electrical installations.
• Second Engineer Officer: Second in rank to the chief engineer officer.
• Electro-Technical Officer: Specialist in electronic and electrical skills.
• Radio Operator: Certified by SAMSA under ITU Radio Regulations.
• Cadet: An un-indentured apprentice.
• Medical Practitioner: Registered medical professional.

Ratings Definitions

• Deck Rating: Certified ordinary or able seafarer deck.
• Engineer Rating: Certified ordinary or able seafarer engine.
• GP Rating: Rating certified as general purpose (port) operations.
• Cook: Rating certified as an efficient cook.

Miscellaneous Mariners Definitions

• Distressed Seafarer: South African master or seafarer in distress outside the Republic due to discharge/shipwreck.
• Supernumerary: Additional crew member beyond minimum safe manning.
• Pilot: Qualified person guiding a ship through confined waters.

Miscellaneous Non-Mariners Definitions

• Passenger: Any person carried on a ship except those employed by the ship, those onboard due to unavoidable circumstances, and children under one year.
• Stowaway: Person who boards a ship without consent or hides to travel without consent.

Defined Operating Areas

• Port Operations: Voyages within 15 nautical miles of specified ports.
• Near Coastal Voyage: Voyage by ships under 500 GT within South African jurisdiction or under agreement with another administration.
• Unlimited Voyage: Any voyage not considered a near coastal voyage or port operation.

Water Definitions

• Fishing - Limited Waters: Waters under South African jurisdiction and adjoining waters under agreement.
• Fishing - Unlimited Waters: Waters beyond 'Fishing - Limited Waters'.
• Mining Operations: Exploitation of seabed mineral resources.

Manning Requirements

• South African ships must be manned sufficiently and efficiently.
• Unseaworthy Vessel: Includes ships with unqualified master or crew.
• MS Regulations: Prescribe minimum qualified personnel based on type of ship, voyage, tonnage and power.
• Regulations cover various roles including radio operators, security officers, medics, and firefighting crew.
• A valid safe manning document must be in force and kept on board.

Exemptions and Offences

• SAMSA may grant exemptions for up to six months for uncertified seafarers, except for masters of passenger ships, under specific conditions.
• The MSA outlines penalties for non-compliance regarding the employment of qualified officers and personnel.

Penalties and Offences

• Penalties exists for not having correct documentation, failure to keep the ships manned.
• Owners or masters may face fines or imprisonment for related offences.
• Offences include unqualified officers, failure to coordinate during emergencies, and not ensuring proper documentation & training.
• Masters have offenses including failing to record in the Official Log Book
• Seafarers have obligations including failure to be on the navigation bridge

Safe Manning Document

• A safe manning document is shown which include: Ship's Name, Gross Tonnage, Home Port.
• Ranks include: Master, Chief Mate, Second/Third Mate and Chief/Second/Third/Fourth Engineer Officer, Radio Operators
• Ratings include; Able/Ordinary Seafarer Deck, Able/Ordinary Seafarer Engine
• The document includes the minimum levels necessary for safe operation