south african sailing Appointed Authorised Agent of South African Maritime Safety Authority (SAMSA) 5 Industry Road, Paarden Eiland, 7405; Telephone (Int. +27) 021-511 0929 denise@sailing.org.za Box 519, Paarden Eiland, 7420 Facsimile (Int. +27) 021-511 0965 www.sailing.org.za NSVS Regulations 2007 - promulgated 8 August 2007. Important points to note: The previous 2002 regulations that applied to coastal waters were repealed with effect from 8 August 2007. The new regulations now apply to both coastal and inland waters. There is a 12 month exemption period for "previously unregulated waters" (i.e. inland waters) for compliance with CoC and CoF requirements. S A Sailing needs to urgently streamline the process of issuing certificates of competency and certificates of fitness. It should be drawn to the attention of all clubs that all persons operating rescue craft with engines of over 15 HP need certificates of competency (the 12 month exemption period applies to these for inland waters only). SAS wishes to thank Lance Burger and Rob Tarboton for the substantial role that they played during the redrafting process. With their backgrounds and knowledge they were able to guide and assist the whole drafting sub-committee with sound advice. Without their input it would not have been possible to achieve the changes to the regulations that will be of benefit to all SAS members MERCHANT SHIPPING (NATIONAL SMALL VESSELS SAFETY) REGULATIONS, 2007 The "National Small Vessels Safety Regulations 2007" (NSVSR 2007) were promulgated on the 8th August 2007 in Government Gazette No. 30151, Regulation Gazette No. 8728. These Regulations repeal "The Regulations for the Use of Vessels of Less than Three Metres in Length, 1981" and "The Merchant Shipping (Small Vessels Safety) Regulations 2002" (SVSR 2002). On 25 September 2007 South African Sailing was designated as an authorized agency in terms of the regulations, and was then authorized again to issue certificates of competence and certificates of fitness. Whereas the SVSR 2002 did NOT "apply to waters that are not tidal, including inland waters.", the NSVSR 2007 applies to both the "Sea", defined as the area seaward of a harbour breakwater, river mouth, etc., and apply to "Inland Waters", defined as all water areas accessible to the public and contained in ports, harbours, lagoons, rivers, dams, wetlands, and lakes within the Republic. The Regulations also apply to vessels under 3 metres in length except where otherwise stated. The Regulations, however, do not apply to "tenders" as defined in the Regulations. Certificates of Fitness for vessels and Certificates of Competency for skippers are required by the NSVSR 2007 for both the "sea" and "inland waters" on sailing vessels over 9 meters and on power vessels of more than 15 hp (in the case of inland waters only from 8 August 2008). SAMSA have advised that some amendments to NSVSR 2007 are being proposed to fix some problems that crept in just prior to publication. The most important of these are that due to a change in definition, "operate" was defined as only relating to inland waters (by mistake), and the table of safety equipment for small vessels was left out. We expect these to be fixed soon. In addition, SAMSA is currently updating its policy on small vessels contained in Marine Notice No. 13 of 2006, to bring it into line with the new Regulations. During this interim period, SAMSA will permit the SAS procedures which have applied heretofore, to continue. It is recommended that SAS Members familiarise themselves with the NSVSR 2007 requirements, particularly when purchasing a vessel or new equipment, to ensure their vessels will be compliant when the new Regulations are enforced. For all members operating sailboats over 9 meters and powerboats with engines over 15 hp, members should take steps to obtain the necessary Certificates of Fitness and Certificates of Competency well before 8 August 2008 as there might be too much of a demand just before this deadline which could result in a backlog. Members who obtained Certificates of Competency or Certificates of Fitness in the period after 8 August 2007 which reflect that it was issued under the 2002 regulations, may be required to have these re-issued in terms of the 2007 regulation, as they may be considered invalid (as to regulations under which they were issued were repealed on 8 August 2007). Certificates of Fitness and Certificates of Competence issued before 8 August 2007 are still valid, as these remain valid under the new regulations. Clubs that operate rescue craft with engines more than 15 hp should consider the impact of these regulations (particular the requirement that the skipper of each of these will require a Certificate of Competency from 8 August 2008). Once the updated Policy in the form of a Marine Notice are published, SAS will be in a position to advise SAS Members on the new Regulations. RL Crockett Chairman - SAS Offshore Committee