Merchant Shipping (Civil Liability Convention) Act, 2013 (Act No. 25 of 2013)

Part 3 : Insurance Certificates

13. Extension, cancellation and lapsing of insurance certificates
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(1)        If—

(a)a ship for which an insurance certificate has been issued under section 12 is not at a port in the Republic at the time when the certificate expires or is about to expire; and
(b)the Authority is satisfied that, after the day specified in the insurance certificate as the day until which the certificate is to remain in force, there will be in force a contract of insurance or other financial security for the ship in an amount that will cover the limits of liability prescribed by paragraph 1 of Article V of the 1992 Liability Convention in relation to the ship,

the Authority may extend the certificate for a period that expires on or before the day that the Authority is satisfied is the last day in the balance of the period during which that contract of insurance or other financial security is to remain in force, being a period that does not exceed one month from the day contemplated in paragraph (b).

 

(2)        An extension of an insurance certificate in terms of subsection (1) expires upon the ship’s arrival at a port in the Republic.

 

(3)The Authority may cancel an insurance certificate issued under section 12 if it is satisfied that, because of any modification or variation of, or to, the contract of insurance or other financial security for the ship, the owner of the ship will not be covered for an amount that is not less than the limits of liability prescribed by paragraph 1 of Article V of the 1992 Liability Convention in relation to the ship.

 

(4)If, while an insurance certificate issued under section 12 for a ship registered in the Republic or in a state that is not a Contracting State is in force, the ship ceases to be registered in the Republic or in the state in question, as the case may be, the certificate so issued thereupon ceases to be in force.

 

(5)

(a)If an insurance certificate issued under section 12 is cancelled in terms of subsection (3) or ceases to be in force by virtue of subsection (4), the master of the ship must without delay return the certificate to the Authority.
(b)A master who fails to comply with paragraph (a) commits an offence and is liable on conviction to a fine not exceeding R20 000.