DRAFT SAFE CONTAINERS CONVENTION REGULATIONS, 2000

The Minister of Transport has, under section 2 of the Safe Containers Convention Act, 2000 (Act No.... of 2000), made the regulations in the Schedule.

SCHEDULE

Definitions

1. In these regulations, any word or expression given a meaning in the Act shall have that meaning and, unless the context indicates otherwise—

"Annex I" or "Annex II" means Annex I or Annex II to the Convention:
"authorised organisation" means an organisation authorised under regulation 6(1);
"the Act" means the Safe Containers Convention Act, 2000 (Act No.... of 2000), and other words and expressions used in these regulations have the same meaning as in the Convention.

Application

2. These regulations apply to new and existing containers used in international transport, except those containers specially designed for air transport.

Approval

3. (1) (a) Subject to paragraph (b), the owner of every container shall ensure that it is approved and examined in accordance with Annex I and Annex II and has affixed to it, at a readily visible place, adjacent to any other approval plate issued for official purposes, and where it will not easily be damaged, a Safety Approval Plate that conforms to the specifications set out in Annex I and contains the information, in at least the English language, specified in Annex I.

2. For the purposes of paragraph (a). a container may be approved by—

1. the government of a state. other than the Republic, that is a party to the Convention;
2. an organisation authorised by the government of a state, other than the Republic, that is a party to the Convention:
3. the Authority; or
4. an authorised organisation.

(2) The owner of every container shall ensure that the Safety Approval Plate on the container is removed if—

1. the container has been modified in a manner that would void the original approval and the information shown on the Safety Approval Plate:
2. the container is removed from service and is not being maintained in accordance with regulation 4: or
3. the approval thereof has been withdrawn.

Maintenance

4. (1) (a) The owner of every container shall ensure that it is maintained in a safe condition.

2. The owner of every approved container shall ensure that it is examined in accordance with Annex I.

(2) (a) The owner of every container who, in the case of a corporation, has its head office in the Republic or, in the case of an individual. his or her domicile in the Republic shall submit in writing to the Authority for approval the procedure the owner proposes to use in respect of periodic examination of containers and shall set out in the submission the following information:

1. The number and type of containers owned;
2. the date of manufacture of the containers that are to be examined:
3. the trade in which the containers that are to be examined are engaged;
4. the name of the person who will be carrying out the examinations and his or her relevant experience;
5. the examination procedure to be used;
6. the maximum proposed period between two consecutive examinations, which period shall not exceed 30 months;
7. the method to be used to mark the date by which the next examination shall be carried out; and
8. any other information that the Authority may request to enable it to decide whether to give its approval to the proposed procedure.

2. Where, with respect to a submission for approval of a proposed procedure under this subregulation, the Authority—

1. approves the proposed procedure, it shall give its approval in writing to the owner of the container; or
2. refuses to approve the proposed procedure, it shall give the reasons for its refusal in writing to the owner of the container.

3. Notwithstanding paragraph (a), the owner of a container who has its head office or domicile in any state that is not a Contracting Party but who has a place of business in the Republic may, in accordance with that paragraph, submit for approval the procedure it proposes to use in respect of the periodic examination of the container.

(3) Every owner of a container shall keep for a period of at least two years a record of the last examination made in respect of that container in accordance with the procedure approved by the Authority under subregulation (2).

Repairs

5. (1) Where there is significant evidence that the condition of a container creates an obvious risk to safety, the owner thereof or the owner's representative in the Republic shall—

1. withdraw it immediately from service and ensure that it is restored to a safe condition before it continues in service; or
2. arrange for its further transportation after appropriate measures have been taken to protect the structural integrity of the container.

(2) Where a container referred to in subregulation (1) is to be repaired in the Republic for the purposes of restoring it to a safe condition, the owner thereof or the owner's representative in the Republic shall submit the container to a repair facility along with specifications in writing for such repair.

(3) On completion of the repair referred to in subregulation (2), the owner of the repair facility or any person authorized by the owner for that purpose shall issue a statement in writing to the owner of the container or the owner's representative in the Republic stating that the repair has been carried out at the repair facility in accordance with the written specifications submitted by the owner of the container or the owner's representative in the Republic.

(4) Every owner of a container or the owner's representative in the Republic who has submitted a container to a repair facility for repair pursuant to subregulation (2) shall keep for a period of at least two years a record of the repair specifications and of the statement issued under subregulation (3).

Authorized organisations

6. (1) The Authority may, on receipt of an application from an organisation, other than an organisation that is engaged in container ownership, leasing, repair, maintenance or manufacture, authorize the organization to carry out the testing, inspection and approval of containers for the purposes of the Convention.

(2) (a) Where an organisation referred to in subregulation (1) makes an application pursuant to that subregulation, it shall give to the Authority the following information:

1. In the case of the testing, inspection and approval of containers—

27. the name and description of the organisation;
54. a description of the geographical area covered by it;
81. a description of the capability it has to perform the functions described in subregulation (1);
108. a description of the technical personnel directly responsible for performing the functions described in subregulation (1), including the names and qualifications of such personnel, and a statement whether the employment is on a full time or part time basis;
135. the number of containers to be tested in a series;
162. the number and frequency of inspections to be carried out;
189. the methods to be used to evaluate the capability of the work force of a manufacturer;
216. the methods to be used to ensure production control;
243. the type of testing equipment to be employed;
270. a list of data that an owner may be required to submit; and
297. the guidelines to be used in the evaluation of the applications for approval; and

2. any other information that is related to the approval of containers.

2. The organization shall advise the Authority should there at any time be any change to the information previously submitted in accordance with paragraph (a)(i) or (ii).

(3) (a) No organization shall be authorised by the Authority under subregulation (1) unless it carries on business in the Republic.

2. Notwithstanding paragraph (a), where containers are manufactured outside the Republic, the Authority may authorize an organization that is not carrying on business in the Republic to perform, with respect to those containers, the functions referred to in subregulation (1) but such functions shall extend only to the cases specified by the Authority in that authorisation.

(4) An authorised organization shall, when the Authority so requests, publish a schedule of fees for services provided by it in the performance of any of the functions referred to in subregulation (1), such schedule to be based on the actual costs incurred by the organization.

(5) At the end of every year, an authorised organization shall submit to the Authority a record of all approvals of containers made by it during that year.

Revocation of authorisation

7. (1) Subject to subregulation (2), where an authorised organization does not comply with any requirement set out in regulation 6(2), (4) or (5), the Authority may withdraw the authorisation granted under regulation 6(1).

(2) Where the Authority proposes to revoke an authorisation under subregulation (1), it shall—

1. give notice to the authorised organization referred to in that subregulation of its intention and the reasons fo. the revocation; and
2. afford the authorised organization a reasonable opportunity of being heard.

Detention

8. (1) (a) An inspector may detain a container that does not carry a valid Safety Approval Plate as required by the Convention.

2. Where there is significant evidence that the condition of a container creates an obvious risk to safety, an inspector may detain the container until it is restored to a safe condition.

3. An inspector may authorise a container that has been detained to be transported after appropriate measures have been taken to protect the structural integrity of the container.

4. An inspector who detains a container shall forthwith affix to it a notice to that effect and shall send a written notice of the detention and the reasons therefor to the person who, according to the information at the inspector's disposal, is the owner of the container.

(2) No person shall move or permit the moving of a container to which a notice of detention is affixed except in accordance with an authorisation given pursuant to subregulation (I)(c).

(3) (a) An inspector shall forthwith release a container that has been detained under subregulation ( I ) (a) where a valid Safety Approval Plate as required by the Convention has been affixed to the container.

2. An inspector shall release a container that has been detained pursuant to subregulation (l)(b) and that is to continue in service, as soon as the container has been restored to a safe condition.

Inquiries

9. Where an accident or incident referred to in section 7(1) of the Act involves—

1. national defence, national security, the South African National Defence Force, a visiting force as defined in section 1 (1) of the Defence Act, 1957 (Act No. 44 of 1957), or employees of the Department of Defence; or
2. property—

1. under the control of the Minister of Defence; or
2. that is owned, occupied, possessed or controlled by a visiting force as defined in section 1 (1) of the Defence Act, 1957,

the Authority shall obtain the concurrence of the Minister of Defence in the choice of the person or persons to be authorised to conduct an inquiry under that section.

Disposal of containers

10. (1) Where a container is detained under these regulations and is not repossessed by the person entitled thereto within 60 days from the date of such detention, the Authority may sell the container by public auction.

(2) Where the Authority sells a container pursuant to subregulation (1), the proceeds of the sale shall be used to defray the reasonable costs and expenditure incurred by the Authority in connection with the detention and sale of the container, and any balance remaining that is not claimed by a person entitled thereto within 30 days after the date of the sale shall be forfeited to the Maritime Fund established by section 54 of the South African Maritime Safety Authority Act, 1998 (Act No. 5 of 1998).

Title and commencement

11. These regulations are called the Safe Containers Convention Regulations, 2000, and come into operation on . . . . . . . . . 2000.

Bill | Annex 1 | Annex 2