CONTROLLED EVENTS
The Merchant Shipping (National Small Vessel Safety) Regulations of 2007 specifically envisaged the need for controlled events, and South African Sailing (SAS) has been authorised to approve controlled events. The idea of a controlled event is to allow the organisers of an event to relax one or more aspects of the regulations provided adequate compensating safety arrangements have been made.
APPLICATION PROCEDURE
Before SAS approves a controlled event, we need to define which regulations if any are being relaxed, and we need to define what compensating controls or safety procedures are being implemented.
We also have to be mindful of our responsibility to SAMSA. SAS' letter of authorisation from SAMSA delegates to SAS the authority to approve controlled events. Renewal of this letter of authorisation depends on an audit by SAMSA to determine whether SAS is operating responsibly in terms of this letter of authorisation. SAMSA cannot do this audit without an audit trail. So this procedure also defines the documentation required and the document retention policies.
The Merchant Shipping (National Small Vessel Safety) Regulations of 2007 defines a controlled event (see regulation 2) as follows:
| “controlled event” means a competition, event or regatta organised by a governing body or authorised agency, or a club or an organisation affiliated with a governing body, and includes: | |
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activities to prepare for the event that take place at the venue for the event and during the times specified by the organiser of the event; and |
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practice for the event under the supervision of a coach or an official approved by a governing body or authorised agency, or a club or organisation affiliated with a governing body. |
Regulation 33 goes on to define the authorised agencies powers and responsibilities opposite controlled events:
| Exemption in respect of controlled events | |
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Subject to sub regulation (2), the owner and skipper of a vessel that participates in an approved controlled event in the Republic or in the territorial waters of the Republic are, in respect of such vessel and for the duration of the event, exempt from these regulations. |
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Application for the approval of a controlled event must be lodged with the Authority or the relevant authorised agency not later than 10 days before the intended date of the event, unless waived by the Authority or authorised agent and must be accompanied by full details of the event and of the rules and manner of supervision, including safety measures, to be applied and by the other particulars that the Authority may require. |
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The Authority or authorised agency may extend a standing approval under sub regulation (2) for any controlled event subject to such conditions as are considered appropriate by the Authority or authorised agency and may at any time on reasonable grounds revoke such approval. |
Thus the documentation and procedures around controlled events need to serve two ends. They need to help us to do a responsible job in the first place. But they also need to create an audit trail which can be used to demonstrate to SAMSA that we are indeed taking our responsibility seriously and are acting in accordance with the regulations.
PROCEDURE FOR APPLICATION FOR CONTROLLED EVENT STATUS
| The application must be in writing on the prescribed form and must include the following: | |
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The names, locations and dates of the controlled events for which approval is requested. |
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The regulatory requirements that are being relaxed if any. |
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The compensating controls and safety procedures being implemented. |
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The names of the Race Organiser and Safety Officer with a statement that says that they absolve SAS from any responsibility for the safe conduct of the event. |
The application should be sent to the appropriate regional controlled events adjudicator as an email attachment in the prescribed format so that it can if necessary be approved by email.
APPOINTMENT OF REGIONAL CONTROLLED EVENT ADJUDICATORS
| Controlled events may only be approved by regional controlled events adjudicators. The procedure for appointing controlled event adjudicators is as follows: | |
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A region that wishes to hold controlled events must nominate one or more persons as controlled events adjudicators. |
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Nominees should be experienced race organisers and would be restricted to approve controlled events for the type of events in which they have experience. (Thus nominees would typically be nominated for dingy races or keelboat races.) |
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The approval and appointment of controlled event adjudicators is the responsibility of the National Inland and Offshore Committee (NIOC). |
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The approval process within NIOC would normally be conducted via email. To facilitate rapid approval by email, nominations from regions should include a brief CV in electronic format itemising the candidates experience in race organisation. |
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Letters of appointment will be signed by the Chairman of NIOC and must be for a defined period not exceeding two years. |
FILING AND RETENTION POLICIES
| If a region holds controlled events, it must maintain a file of controlled events. This file must contain: | |
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All letters of appointment of regional controlled event adjudicators together with the CV that supported their nomination. |
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For audit purposes the retention must be for one year from date of expiry or cancellation of the appointment. |
