TRANSPORT GENERAL AMENDMENT ACT NO. 16 OF 1995 [ASSENTED TO 28 JUNE, 1995]DATE OF COMMENCEMENT; 5 JULY, 1995] (Unless otherwise indicated) (English text signed by the President) ACT To amend the Merchant Shipping Act, 1951, so as to insert four definitions and to replace one; to further regulate the registration of ships; to make other provision for the determining in certain circumstances of the value of gold franc in South African currency; to replace certain obsolete expressions; to provide for the control over and the use of dynamically supported craft; to regulate the ratification of or accession to and incorporation of the international conventions relating to merchant shipping in accordance with the Constitution; to provide for the incorporation by the Minister of Transport of international shipping standards in the regulations; and to give effect to amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978; to amend the Aviation Act, 1962, so as to empower the said Minister to make regulations, for the purposes of that Act, regarding the designation of medical examiners, the certificates to be issued by such examiners and the designation of a body or institution to exercise control over aeromedical matters and standards; to amend the Road Traffic Act, 1989, so as to insert three definitions and to replace three; to further regulate the use of the left side of public roads; to further rationalise driver’s licence codes; to permit driver’s licence testing centres to issue learners’ licences only; to delete the cut-off date for the exchange of certain invalid drivers’ licences; to further regulate procedures for the control of professional driving permits; to provide that the period of suspension of a driver’s licence commences from the date of sentence; and to define operators of motor vehicles anew; and to amend the International Air Services Act, 1993, so as to replace an incorrect expression; and to provide for matters connected therewith. 1. Amends section 2 (1) of the Merchant Shipping Act, No. 57 of 1951, as follows:—paragraph (a) inserts the definition of “air-cushion vehicle”; paragraph (b) inserts the definition of “dynamically supported craft”; paragraph (c) inserts the definition of “hydrofoil boat”; paragraph (d) inserts the definition of “side wall craft”; and paragraph (e) substitutes the definition of “vessel”. 2. Amends section 11 of the Merchant Shipping Act, No. 57 of 1951, as follows:—paragraph (a) substitutes subsection (1); and paragraph (b) inserts subsection (1A). 3. Amends section 20 (1) of the Merchant Shipping Act, No. 57 of 1951, by adding paragraph (e). 4. Amends section 261 of the Merchant Shipping Act, No. 57 of 1951, as follows:—paragraph (a) substitutes subsection (4); and paragraph (b) deletes subsection (5). 5. Amends section 265 (2) of the Merchant Shipping Act, No. 57 of 1951, by adding the proviso. 6. Amends section 324 of the Merchant Shipping Act, No. 57 of 1951, by substituting subsection (2). 7. Amends section 356 of the Merchant Shipping Act, No. 57 of 1951, as follows:—paragraph (a) inserts subsection (1) (xlA); paragraph (b) substitutes the words preceding subsection (2) (a); paragraph (c) substitutes subsection (2) (d); and paragraph (d) substitutes subsection (3). 8. Substitutes section 356bis of the Merchant Shipping Act, No. 57 of 1951. 9. Inserts section 356ter in the Merchant Shipping Act, No. 57 of 1951. 10. Amends the Fifth Schedule to the Merchant Shipping Act, No. 57 of 1951, to the extent indicated in the Schedule. 11. Amends section 22 of the Aviation Act, No. 74 1962, by inserting paragraphs (gA) and (gB). 12. Amends section 1 of the Road Traffic Act, No. 29 of 1989, as follows:—paragraph (a) inserts the definition of “edge of the roadway”; paragraph (b) inserts the definition of “kerb line”; paragraph (c) substitutes the definition of “roadway”; paragraph (d) inserts the definition of “shoulder”; paragraph (e) substitutes the definition of “verge”; and paragraph (f) substitutes the definition of “verkeersbaan” in the Afrikaans text. (Date of commencement of s. 12: 1 September, 1995.) 13. Amends section 18 (1) (a) of the Road Traffic Act, No. 29 of 1989, by substituting subparagraph (i). 14. Amends section 20 of the Road Traffic Act, No. 29 of 1989, by adding subsection (3). 15. Amends section 24 (5) of the Road Traffic Act, No. 29 of 1989, by substituting paragraphs (a) and (b). 16. Amends section 24B of the Road Traffic Act, No. 29 of 1989, by deleting subsection (4). 17. Amendment of section 41 of Act 29 of 1989, as amended by section 10 of Act 73 1991 and section 13 of Act 40 of 1992.—Section 41 of the Road Traffic Act, 1989, is hereby amended by the insertion after subsection (1) of the following subsection: “(2) The— (a)categories of; (b)nature and extent of the authority granted by; (c)period of validity of; (d)form and content of; (e)application for and issue of; (f)fees payable in respect of; (g)suspension and cancellation of; (h)incorporation in any other document of; and (i)other necessary or expedient matter in relation to, professional driving permits, shall be as prescribed.”. (Date of commencement to be proclaimed.) 18. Repeal of sections 42, 43, 44, 45, 46, 47, 48 and 49 of Act 29 of 1989.—Sections 42, 43, 44, 45, 46, 47, 48 and 49 of the Road Traffic Act, 1989, are hereby repealed. (Date of commencement to be proclaimed.) 19. Amends section 55A of the Road Traffic Act, No. 29 of 1989, as follows:—paragraph (a) substitutes the words following on subsection (1) (iii); paragraph (b) substitutes subsection (2); and paragraph (c) substitutes subsection (4). 20. Amends section 74 of the Road Traffic Act, No. 29 of 1989, by substituting subsection (1). 21. Amends section 91 (1) of the Road Traffic Act, No. 29 of 1989, by substituting the words preceding the first proviso (date of commencement 1 September, 1995). 22. Inserts section 91A in the Road Traffic Act, No. 29 of 1989 (date of commencement 1 September, 1995). 23. Amends section 95 of the Road Traffic Act, No. 29 of 1989, as follows:—paragraph (a) substitutes subsection (1); and paragraph (b) substitutes subsection (2) (b) (i). (Date of commencement of s. 23: 1 September, 1995.) 24. Amends section 97 of the Road Traffic Act, No. 29 of 1989, by substituting paragraph (e) in the Afrikaans text (date of commencement 1 September, 1995). 25. Amends section 98 of the Road Traffic Act, No. 29 of 1989, by substituting subsection (2) (date of commencement 1 September, 1995). 26. Amendment of certain expression in Afrikaans text of Act 29 of 1989, as amended by Act 73 of 1991, Act 17 of 1992, Act 40 of 1992, Act 39 of 1993 and Act 66 of 1993.—The Road Traffic Act, 1989, is hereby amended by the substitution in the Afrikaans text for the word “verkeersbaan” of the word “verkeerslaan” wherever it occurs. (Date of commencement 1 September, 1995.) 27. Amends section 47 of the International Air Services Act, No. 60 of 1993, by substituting subsection (2). 28. Short title and commencement.—This Act shall be called the Transport General Amendment Act, 1995, and sections 12, 17, 18, 21, 22, 23, 24, 25 and 26 shall come into operation on a date fixed by the President by proclamation in the Gazette. Schedule AMENDMENT OF FIFTH SCHEDULE TO THE MERCHANT SHIPPING ACT. 1951: INTERNATIONAL CONVENTION ON STANDARDS OF TRAINING, CERTIFICATION AND WATCHKEEPING FOR SEAFARERS, 1978, TO GIVE EFFECT TO THE AMENDMENTS ADOPTED BY THE INTERNATIONAL MARITIME ORGANIZATION BY RESOLUTION MSC. 21 (59), WHICH ENTERED INTO FORCE ON 1 DECEMBER 1992 (Section 10) Definition 1. In this Schedule “the Convention” means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as contained in the Fifth Schedule to the Merchant Shipping Act, 1951. Amendment of Regulation I/l of Chapter I of Annex to Convention 2. Regulation I/1 of Chapter I of the Annex to the Convention is hereby amended— (a)by the substitution for paragraph (k) of the following paragraph: “(k)‘radio operator’ means a person holding an appropriate certificate related to the global maritime distress and safety system issued or recognized by an Administration under the provisions of the Radio Regulations;”; (b)by the deletion of paragraph (l); (c)by the substitution in paragraph (p) for the expression “IMCO recommendations” of the expression “recommendations of the Organization”; (d)by the deletion in paragraph (r) of the expression “IMCO”; (e)by the deletion in paragraph (s) of the expression “IMCO”; and (f)by the renumbering of paragraphs (m), (n), (o), (p), (q), (r) and (s) to (l), (m), (n), (o), (p), (q) and (r), respectively. Amendment of Regulation I/2 of Chapter I of Annex to Convention 3. Regulation I/2 of Chapter I of the Annex to the Convention is hereby amended by the substitution in paragraph 2 for the words preceding subparagraph (a) of the following words: “In respect of radio operators, Administrations may—”. Amendment of Regulation I/4 of Chapter I of Annex to Convention 4. Regulation I/4 of Chapter I of the Annex to the Convention is hereby amended by the substitution in paragraph 3 for the expression “radio officer” of the expression “radio operator”. Addition of Regulation I/5 to Chapter I of Annex to Convention 5. The Convention is hereby amended by the addition to Chapter I of the Annex to the Convention of the following Regulation: “REGULATION I/5 Conduct of trials 1. These Regulations shall not prevent an Administration from authorizing ships entitled to fly its flag to participate in trials. 2. For the purposes of this Regulation, the term “trial” means an experiment or series of experiments, conducted over a limited period, which may involve the use of automated or integrated systems in order to evaluate alternative methods of performing specific duties or satisfying particular arrangements prescribed by this Convention, which would provide at least the same degree of safety and pollution prevention as provided by these Regulations. 3. The Administration authorizing ships to participate in trials shall be satisfied that such trials are conducted in a manner that provides at least the same degree of safety and pollution prevention as provided by these Regulations. Such trials shall be conducted in accordance with guidelines adopted by the Organization. 4. Details of such trials shall be reported to the Organization as early as practicable but not less than six months before the date on which the trials are scheduled to commence. The Organization shall circulate such particulars to all Parties. 5. The results of trials authorized under paragraph 1, and any recommendations the Administration may have regarding those results, shall be reported to the Organization, which shall circulate such results and recommendations to all Parties. 6. Any Party having any objection to particular trials authorized in accordance with this Regulation should communicate such objection to the Organization as early as practicable. The Organization shall circulate details of the objection to all Parties. 7. An Administration which has authorized a trial should respect objections received from other Administrations relating to such trial by directing ships entitled to fly its flag not to engage in a trial while navigating in the waters of a coastal State which has communicated its objection to the Organization. 8. An Administration which concludes, on the basis of a trial, that a particular system will provide at least the same degree of safety and pollution prevention as provided by these Regulations may authorize ships entitled to fly its flag to continue to operate with such a system indefinitely, subject to the following requirements: (a)The Administration shall, after results of the trial have been submitted in accordance with paragraph 5, provide details of any such authorization, including identification of the specific ships which may be subject to the authorization, to the Organization, which will circulate this information to all Parties; (b)any operations authorized under this paragraph shall be conducted in accordance with guidelines as may be developed by the Organization, to the same extent as they apply during a trial; (c)such operations shall respect any objections received from other Administrations in accordance with paragraph 7, to the extent such objections have not been withdrawn; and (d)an operation authorized under this paragraph shall only be permitted pending a determination by the Maritime Safety Committee as to whether an amendment to the Convention would be appropriate, and, if so, whether the operation should be suspended or permitted to continue before the amendment enters into force. At the request of any Party, the Maritime Safety Committee shall establish a date for consideration of the trial results and for the appropriate determinations.” Amendment of Appendix to Regulation II/2 of Chapter II of Annex to Convention 6. The Appendix to Regulation II/2 of Chapter II of the Annex to the Convention is hereby amended— (a)by the substitution for subparagraph (j) of paragraph 7 of the following subparagraph: “(j)precautions in manoeuvring for launching survival craft or rescue boats in bad weather;”; (b)by the substitution for subparagraph (k) of paragraph 7 of the following subparagraph: “(k)methods of taking on board survivors from survival craft or rescue boats;”; (c)by the substitution for subparagraph (e) of paragraph 8 of the following subparagraph: “(e)Knowledge of the recommendations of the Organization concerning ship stability.”; (d)by the substitution for the heading of paragraph 16 of the following heading: “Radiocommunications and visual signalling”; (e)by the substitution for subparagraphs (b) and (c) of paragraph 16 of the following subparagraphs: “(b)Knowledge of procedures used in radiocommunications and ability to use radio equipment for distress, urgency, safety and navigational messages. (c)A knowledge of the procedures for emergency distress signals as prescribed in the Radio Regulations.”; (f)by the substitution for paragraph 17 of the following paragraph: “17. Life-saving. A thorough knowledge of life-saving appliance regulations (International Convention for the Safety of Life at Sea), organization of abandon ship drills, survival craft, rescue boats and other life-saving equipment.”; (g)by the deletion in paragraph 18 of the expression “IMCO”; and (h)bv the substitution for subparagraph (f) of paragraph 19 of the following subparagraph: “(f) Life-saving: Launching and handling of survival craft, rescue boats and other life-savings appliances, including the donning of life- jackets.”. Amendment of Appendix to Regulation II/4 of Chapter II of Annex to Convention 7. The Appendix to Regulation II/4 of Chapter II of the Annex to the Convention is hereby amended— (a)by the substitution for the heading of paragraph 10 of the following heading: “Radiocommunications and visual signalling”; (b)by the substitution for subparagraph (c) of paragraph 10 of the following subparagraph: “(c)Knowledge of procedures used in radiocommunications and ability to use radio equipment for distress, urgency, safety and navigational messages.”; (c)by the substitution for paragraph 12 of the following paragraph: “12. Life-saving. Ability to organize abandon ship drills and knowledge of the operation of survival craft and rescue boats, their launching appliances and arrangements, and their equipment, including radio life-saving appliances, satellite emergency position- indicating radio beacons (EPIRBs), immersion suits and thermal protective aids. Knowledge of survival at sea techniques.”; (d)by the substitution in paragraph 13 for the expression “ILO/IMCO” of the expression “ILO/IMO”; (e)by the deletion in paragraph 16 of the expression “IMCO”; and (f)by the deletion in paragraph 20 of the expression “IMCO”. Amendment of Regulation II/6 of Chapter II of Annex to Convention 8. Regulation II/6 of Chapter II of the Annex to the Convention is hereby amended by the substitution for item (vii) of subparagraph (d) of paragraph 2 of the following item: “(vii)knowledge of rocket parachute flares, hand flares and buoyant smoke signals;”. Substitution of Chapter IV of Annex to Convention 9. The following Chapter is hereby substituted for Chapter IV of the Annex to the Convention: “CHAPTER IV RADIO PERSONNEL Explanatory note Mandatory provisions relating to radio watchkeeping are set forth in the Radio Regulations and in the International Convention for the Safety of Life at Sea, 1974, as amended. Provisions for radio maintenance are set forth in the International Convention for the Safety of Life at Sea, 1974, as amended, and the guidelines adopted by the Organization. REGULATION IV/I Application 1. The provisions of this Chapter shall apply to radio personnel in a ship operating in the global maritime distress and safety system (GMDSS) as prescribed by the International Convention for the Safety of Life at Sea, 1974, as amended. 2. Until 1 February 1999, radio personnel on a ship complying with the provisions of the International Convention for the Safety of Life at Sea, 1974, in force prior to 1 February 1992, shall comply with the provisions of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, in force prior to 1 December 1992. REGULATION IV/2 Mandatory minimum requirements for certification of GMDSS radio personnel 1. Every radio operator in charge of, or performing, radiocommunication duties on a ship shall hold an appropriate certificate or certificates issued or recognized by the Administration under the provisions of the Radio Regulations. 2. In addition, a radio operator on a ship which is required by the International Convention for the Safety of Life at Sea, 1974, as amended, to have a radio installation, shall— (a)be not less that 18 years of age; (b)satisfy the Administration as to medical fitness, particularly regarding eyesight, hearing and speech; (c)meet the requirements of the Appendix to this Regulation. 3. Every candidate for a certificate shall be required to pass an examination or examinations to the satisfaction of the Administration. 4. The level of knowledge required for certification shall be sufficient for radio operators to carry out their radiocommunication duties safely and efficiently. The knowledge required for obtaining each type of certificate defined in the Radio Regulations shall be in accordance with those Regulations. In addition, for all types of certificates defined in the Radio Regulations, the required knowledge and training shall include the subjects listed in the Appendix to this Regulation. In determining the appropriate level of knowledge and training, the Administration shall also take into account the relevant recommendations of the Organization. APPENDIX TO REGULATION IV/2 Minimum additional knowledge and training requirements for radio personnel 1. In addition to satisfying the requirements for the issue of a certificate in compliance with the Radio Regulations, radio operators shall have knowledge and training, including practical training, in the following: (a)The provision of radio services in emergencies, including— (i)abandon ship; (ii)fire aboard ship; (iii)partial or full breakdown of the radio installations; (b)the operation of survival craft and rescue boats and their equipment, with special reference to radio life-saving appliances; (c)survival at sea; (d)first aid; (e)fire prevention and fire-fighting, with particular reference to the radio installations; (f)preventive measures for the safety of ship and personnel in connection with hazards related to radio equipment, including electrical, radiation, chemical and mechanical hazards; (g)the use of the Merchant Ship Search and Rescue Manual (MERSAR) with particular reference to radiocommunications; (h)ship position-reporting systems and procedures; (i)the use of the International Code of Signals and the Standard Marine Navigational Vocabulary; (j)radio medical systems and procedures. 2. The Administration may vary, as appropriate, the knowledge and training required by paragraph 1 for the issue of a radio operator's certificate to a holder of a certificate issued under the provisions of Chapter II, III or VI, provided the Administration is satisfied that the standard of training or level of knowledge for the issue of the certificate held is adequate. REGULATION IV/3 Mandatory minimum requirements to ensure the continued proficiency and updating of knowledge for GMDSS radio personnel 1. Every radio operator holding a certificate or certificates issued or recognized by the Administration shall, in order to continue to qualify for seagoing service, be required to satisfy the Administration as to the following: (a)Medical fitness, particularly regarding eyesight, hearing and speech, at regular intervals not exceeding five years; and (b)professional competence— (i)by performing radio service in a seagoing ship with no single service interruption exceeding five years; or (ii)by virtue of having performed functions relating to the duties appropriate to the grade of certificate held which are considered to be at least equivalent to the seagoing service required in paragraph 1 (b) (i); or (iii)by passing an approved test or successfully completing an approved training course or courses at sea or ashore which shall include those elements which are of direct relevance to the safety of life at sea, and which are applicable for the certificate that the person is holding, in accordance with the requirements of the International Convention for the Safety of Life at Sea, 1974, as amended, and the Radio Regulations. 2. When new modes, equipment or practices are to become mandatory aboard ships entitled to fly the flag of a Party, the Administration may require radio operators to pass an approved test or successfully complete an appropriate training course or courses, at sea or ashore, with particular reference to safety duties. 3. Every radio operator, in order to continue to qualify for seagoing service on board particular types of ships for which special training requirements have been internationally agreed upon, shall successfully complete approved relevant training or examinations which shall take into account relevant international regulations and recommendations. 4. The Administration shall ensure that the texts of recent changes in international regulations relating to radiocommunications and relevant to the safety of life at sea, are available to ships entitled to fly its flag. 5. Administrations are encouraged, in consultation with those concerned, to formulate or promote the formulation of a structure of refresher and updating courses, either voluntary or mandatory, as appropriate, at sea or ashore, for radio operators who are serving at sea and especially for re-entrants to seagoing service. The course or courses should include elements that are of direct relevance to radio duties and include changes in marine radiocommunication technology and relevant international regulations and recommendations concerning the safety of life at sea.”. Amendment of Regulation VI/l of Chapter VI of Annex to Convention 10. Regulation VI/1 of Chapter VI of the Annex to the Convention is hereby amended— (a)by the substitution for the heading of the following heading: “Mandatory minimum requirements for the issue of certificates of proficiency in survival craft and rescue boats”; (b)by the substitution for subparagraphs (iii), (iv) and (v) of paragraph (e) of the following subparagraphs: “(iii)interpret the markings on survival craft and rescue boats with respect to the number of persons they are permitted to carry; (iv)make the correct commands required for launching and boarding the survival craft and rescue boats, clearing the ship and handling and disembarking from the survival craft or rescue boats; (v)prepare and launch survival craft and rescue boats safely into the water and clear the ship’s side quickly;”; (c)by the substitution for subparagraphs (viii) and (ix) of paragraph (e) of the following subparagraphs: “(viii)use signalling equipment, including rocket parachute flares, hand flares and buoyant smoke signals; (ix)use radio life-saving appliances;”; and (d)by the addition to paragraph (e) of the following subparagraph: “(x)don and use an immersion suit; use a thermal protective aid.”. Amendment of Appendix to Regulation VI/l of Chapter VI of Annex to Convention 11. The Appendix to Regulation VI/1 of Chapter VI of the Annex to the Convention is hereby amended— (a)by the substitution for the heading of the following heading: “Minimum knowledge required for the issue of certificates of proficiency in survival craft and rescue boats”; (b)by the substitution for subparagraph (c) of paragraph 2 of the following subparagraph: “(c)actions to be taken when called to survival craft and rescue boat stations;”; (c)by the substitution for subparagraph (f) of paragraph 2 of the following subparagraph: “(f)actions to be taken when aboard a survival craft or rescue boat;”; (d)by the substitution for paragraphs 5, 6, 7 and 8 of the following paragraphs: “5.Construction and outfit of survival craft and rescue boats and individual items of their equipment. 6.Particular characteristics and facilities of survival craft and rescue boats. 7.Various types of devices used for launching survival craft and rescue boats. 8.Methods of launching survival craft and rescue boats in rough sea.”; (e)by the substitution for paragraph 10 of the following paragraph: “10.Handling survival craft and rescue boats in rough weather.”; and (f)by the substitution for paragraphs 15, 16,17, 18 and 19 of the following paragraphs: “15.Radio life-saving appliances carried in survival craft and rescue boats, including satellite emergency position-indicating radio beacons. 16.Effects of hypothermia and its prevention; use of protective covers and protective garments, including immersion suits and thermal protective aids. 17.Methods of starting and operating a survival craft or rescue boat engine and its accessories together with the use of the fire extinguisher provided. 18.Use of rescue boats and lifeboats for marshalling liferafts and rescue of survivors and persons in the sea. 19.Beaching survival craft and rescue boats.”