SAMSA Guidelines on the implementation of SOLAS VI Regulation 2 Amendment: Verification of the Gross Mass of Packed Containers
On the container front, mandatory weighing of containers has become a requirement after the MSC adopted amendments to SOLAS Chapter VI. Misdeclared cargo and overweight containers – and their impact on safety – have long been a problem in the maritime industry. MSC has also approved an e-Navigation Strategy Implementation Plan (SIP), which provides a framework and a road map of tasks that need to be implemented or conducted in the future to improve e-navigation solutions.
The following amended marine notice – click here, issued by the South African Maritime Safety Authority (SAMSA), provides guidance for the implementation of SOLAS Chapter VI Regulation 2 regarding the Verification of the Gross Mass of packed containers. It outlines the Republic of South Africa’s guidelines for the implementation of the mandatory amendments to the International Convention for the Safety of Life at Sea (SOLAS) Chapter VI, Part A, Regulation 2. The SOLAS requirements regarding the Verification of the Gross Mass of packed containers carrying cargo (SOLAS regulation VI/2) will enter into force in July 2016. Amendments to this marine notice include:
- The implementation of an enforcement tolerance.
- Containers that are loaded on a ship before 1 July 2016 and are transhipped on or after 1 July 2016.
Enforcement:
SAMSA will enforce the amended SOLAS requirements and Merchant Shipping Carriage of Cargo Regulations through:
- Port State Control Inspections;
- Ad hoc inspections;
- Continuous auditing of SAMSA accredited entities; and
- Reporting of non-conforming containers and/or cargo information by SAMSA accredited entities.
Penalties:
The Merchant Shipping Carriage of Cargoes Regulations, 2004 states the following:
- Cargo information
“5. (6) Every shipper or forwarder commits an offence who—
(a) fails to provide appropriate cargo information as required by this regulation;
(b) furnishes cargo information that he or she knows to be false; or
(c) recklessly furnishes cargo information that is false”
Penalties and Defences (as amended):
15. (1) A person who commits an offence in terms of these regulations is liable on conviction to a fine or to imprisonment for a period not exceeding 12 months
(2) In proceedings for an offence in terms of these regulations it is a defence to prove that the accused took reasonable precautions and exercised due diligence to avoid the commission of the offence
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Source: SA Maritime Safety Authority (SAMSA)
