INLAND WATERS SHIPPING: SUBSIDIARY LEGISLATION

INLAND WATERS SHIPPING: SUBSIDIARY LEGISLATION

DECLARATION OF INLAND WATERS

under s. 23

G.N. 121/1970

    The Minister has declared the under-mentioned waters to be inland waters for the purposes of the Act—

    Lake Malawi

    Lake Malombe

    Lake Chirwa

    Upper and Lower Shire River

INLAND WATERS SHIPPING (MASTERS AND CREWS) REGULATIONS

under s. 37

ARRANGEMENT OF REGULATIONS

    REGULATION

    1.    Citation

    2.    Certain vessels to be under the command of a competent master

    3.    Masters and crews to hold certificates

    4.    Minister may issue certificates

    5.    Examinations for certificates

    6.    Cancellation of certificates

    7.    Notification of cancellation

        Schedules

G.N. 20/1970
279/1971
102/1976
127/1977
126/1983
45/1993
54/2000
30/2006

1.    Citation

    These Regulations may be cited as the inland Waters Shipping (Masters and Crews) Regulations.

2.    Certain vessels to be under the command of a competent master

    No vessel of five tonnes or more which is used for hire or reward, and is not one of those vessels referred to in section 3 (3) of the Act, shall be used upon inland waters except under the command or in the charge of a competent master:

    Provided that a vessel of under ten tonnes shall only be required to carry a master if—

        (i)    the vessel is hired complete with crew; or

        (ii)    the vessel is used to carry twelve or more passengers.

3.    Masters and crews to hold certificates

    (1) Subject to subregulation (3), the master of a vessel specified in Part I, II, III, IV or V of the First Schedule shall hold the certificate respectively specified in the second column of that Part as proof of the attainment of the necessary standards of competency.

    (2) Subject to the provisions of subregulation (3), a power driven vessel specified in Part I, II, III or IV of the First Schedule shall carry as crew members the persons specified in the first column of that Part and such members shall hold the certificates specified opposite thereto in the second column of that Part as proof of the attainment of the necessary standards of competency.

    (3) A power-driven vessel—

    (a)    specified in Part V of the First Schedule which carries more than twelve passengers shall carry the master and crew prescribed for a vessel respectively specified in Part IV of that Schedule;

    (b)    specified in Part IV of that Schedule which carries more than twelve passengers shall carry the master and crew prescribed for a vessel respectively specified in Part III of that Schedule; and

    (c)    specified in Part III of that Schedule which carries more than twelve passengers shall carry the master and crew prescribed for a vessel respectively specified in Part II of the Schedule.

4.    Minister may issue certificates

    The Minister may issue a certificate specified in the Second

    Schedule to a person—

    (a)    who has passed the appropriate examination referred to in regulation 5; or

    (b)    as to whose competency the Minister is otherwise satisfied in accordance with section 10 (2) of the Act.

5.    Examinations for certificates G.N. 127/1977

    (1) An examination for a Malawi Masters’ Certificate Class I, II and III, a Malawi Launchmasters’ Certificate, a Malawi Engineers’ Certificate Class I, II and III or a Malawi Engine Attendants’ Certificate shall be held by persons appointed as examiners by the Minister.

    (2) An application to sit an examination referred to in subregulation (1) shall be made to the Ministry of Transport and communications, Lilongwe.

    (3) The fee to sit an examination specified in the first column of the Third Schedule shall be the fee specified opposite thereto in the second column of that Schedule.

    (4) An applicant for an examination shall have the appropriate qualifications set out in the Fourth Schedule.

    (5) The syllabuses for the examinations shall be the syllabuses set out in the Fifth Schedule.

    (6) When the applicant has been notified by the Ministry of Transport and Communications of the name and address of the examiner appointed by the Minister, the applicant shall—

    (a)    send the fee referred to in subregulation (3) to the examiner; and

    (b)    satisfy the examiner of his qualifications to sit the examination.

    (7) The examiner shall, on receipt of such fee and on being satisfied of the qualifications of the applicant, notify the applicant of the time and place at which the examination shall be held.

    (8) If the applicant passes the examination the examiner shall notify the Minister accordingly.

6.    Cancellation of certificates

    (1) The Minister may cancel the certificate of a master or member of a crew if such master or member of a crew—

    (a)    has been convicted of an offence under section 36 (1)(e) or (f) or under section 36 (2) of the Act and his appeal, if any, has been abandoned or dismissed; or

    (b)    has…