[ MIA MEMORANDUM CIRCULAR NO. 121, July 29, 1997 ]
POLICY GUIDELINES IN THE REGULATION OF HIGH SPEED CRAFT
In line with the national policy of pursuing a program of deregulation, modernization of the existing domestic fleet and fostering a favorable climate for increased investments, and pursuant to the provisions of Presidential Decree No. 474, Executive Order Nos. 125/125A, 185 and 213 and the Philippine Merchant Marine Rules and Regulations (PMMRR) of the 1997, the following guidelines are hereby adopted:
This Circular serves to provide policy guidelines in the regulation of high speed craft in the domestic shipping trade within the purview of Fe mandate vested with the MARINA.
This Circular shall apply to all persons, corporations, firms and entities engaged in the operation of high speed craft in the domestic marine transportation, for compensation, commercial or public use involving the carriage of passengers and cargoes between various ports and places in the Philippines.
1. Coastwise Voyage - means a voyage, limited to waters subject to the jurisdiction of the Philippines.
2. Dynamically Supported Craft (DSC): - is a craft which is operable on or above water and which has characteristics so different from those of conventional displacement ships, to which the existing Intentional Conventions, particularly the Safety and Loadline Conventions apply that alliterative measures should be used in order to achieve an equivalent level of safety.
3. Daytime Navigation - starts from the time of daylight between sunrise and sunset as stated in the International Rules of the Road. In tropical countries like the Philippines, daytime starts at 30 minutes plus minus 0500 H and ends at 30 minutes plus minus 1700 H.
4. High Speed Craft (HSC) - is a craft capable of maximum speed in meters per second (m/s) equal to or exceeding:
5. IACS - refers to International Association of Classification Societies.
6. IMO - refers to the International Maritime Organization.
7. MARINA - refers to the Maritime Industry Authority (MARINA)
8. Maximum Speed - is the speed achieved at the maximum continuous propulsion power for which the craft is certified at maximum operational weight and in smooth waters.
9. Night Vision Equipment (NVE) - equipment using camera, either low light or thermal imaging type, to detect short range targets in darkness the information being displayed on separate video monitors to the Master and the crew in the wheelhouse.
10. Partly Protected Waters Voyage - means a voyage in which a vessel, is not at any time, more than 100 miles by sea from the point of departure and not more than 20 miles from land at any point.
11. Protected Waters - are harbors, rivers or similar areas and waters in which a vessel is not more than 3 miles from land.
12. Recognized Classification Society - means a classification society which is a full member of International Association of Classification Societies (IACS).
13. "The Code" - refers to the IMO International Code of Safety for High Speed Craft as incorporated in SOLAS Chapter X.
The meaning of other terms/phrases used herein are as defined in relevant MARINA Memorandum Circulars or as generally understood in maritime industry practice.
Taking into account the existence of policy guidelines for acquisition of vessels for domestic operations under Memorandum Circular No. 104, including the amendments thereto, all pertinent provisions therein except those which are herein provided shall be adopted.
1. Hull Requirement
Wooden hulled HSC shall not be allowed for acquisition under this Circular.
2. Age Requirement
The limitations on the importation and/or chartering of vessels under this Circular according to age are as follows:
All vessels to be acquired under this Circular shall be classed by a recognized IACS classification society, having full set of Rules specifically developed for HSC, prior to delivery to the buyer/charterer. The owner shall submit to the MARINA,: within sixty (60) days from completion of survey, certificates issued for annual and/or special surveys conducted. Provided, finally, that the HSC shall be classed maintained at all times during its operation in the domestic trade.
4. Documentary Requirements
The submission of pre-approval documents for authority to acquire vessels as required in Memorandum Circular No. 104 shall be made as post-approval requirements. except for the following:
The relevant provisions of Memorandum Circular Nos. 80, 106 and 117, in implementation of EO 185 and 213, respectively, providing consolidated policy guidelines intended to promote a more liberal/deregulated atmosphere for liner operations in the domestic shipping industry, except as herein provided, shall apply.'
1. Prescription of Sailing Schedules
As a rule, the proposed sailing schedules and frequencies of new entrants will be favorably considered: provided, no conflict in sailing schedules with other affected HSC operators In the applied route/link shall result therefrom, and; provided further, that the minimum interval between arrival/departures of HSC shall be thirty (30) minutes; otherwise, the MARINA shall prescribe, motu propio, sailing schedules that will best serve public interest and convenience. In addition, the following guidelines shall be considered:
In case of emergency repairs/drydocking or mechanical/engine trouble, authorized HSC operators may be allowed to make automatic substitution of their other HSC provided that:
3.1 Area of operation
In support of the government's thrust to increase the attractiveness of investments in domestic shipping industry through introduction of innovative or technologically advance shipping services, the applicable provisions of Memorandum Circular No. 117, providing policy guidelines in the implementation of Executive Order No. 213, except Sec. 2.1.a on deregulation of passage rates for vessels not otherwise accredited or certified by the Department of Tourism, and Sec. 5.1 on general policy guidelines on rates prescription, are hereby adopted.
5. Period of CPC Validity:
1. General Standards
The minimum service standards for HSC shall be those prescribed for Second Class Accommodations under Memorandum Circular No. 65/65A.
2. Arrangement
2.1 Passenger and crew accommodations shall be designed and arranged so as to protect the occupants from unfavorable-environmental conditions and to minimize the risk of injury to occupants during normal and emergency conditions; and
2.2 Passenger accommodations shall not contain operating controls unless the same are protected and located so that their operation by any crew member will not be impeded by passengers during normal and emergency conditions of operation.
3. Seat construction
3 1 Seats shall be of a form and design as to minimize the possibility of injury and to avoid trapping of the occupants particularly in emergency conditions. Dangerous projection and hard edges should be eliminated; and,
3.2 The installation of seats shall allow adequate access to any part of the accommodation space. In particular, they should not obstruct access to, or occupy space of any essential or emergency equipment or required means of escape.
4. Safety belts
4.1 Seats facing solid bulkheads or other constructions which may cause injuries in case of collision shall be provided with safety belts; and,
4.2 Safety belts and their attachment should be sufficiently strong to withstand the load that may arise due to a collision.
5. Baggage, store and cargo compartments
Provision should be made to prevent shifting of baggage store and cargo.
6. Deck, Floor and Railings
6.1 Passengers should not be carried on open deck;
6.2 Decks, walkways and stairs which are intended for passengers should be of the non-skid type. Indoor floors may have carpets; and,
6.3 Entrances, stairs, gangways should have handholds on both sides.
7. Exit Provisions
7.1 Exit doors, aisle and passageways shall be kept clear from any obstruction at all times during the travel.
7.2 The craft should have a sufficient number of exits which are suitable to facilitate the quick and unimpeded escape of passengers wearing approved lifejackets in emergency conditions.
8. Safety Film and Voice Tape
The showing of a tape film or actual demonstration on the safety features of the vessel is hereby required/reiterated in accordance with the provisions of Memorandum Circular No. 72.
9. Onboard Accessibility
9.1 At least one deck shall be provided with accessible ramps, passageways; access to gangways, galleys, toilet and bath, safety equipment and berth/cabins with dimensions conforming with the requirement as provided in MC 65-A;
9.2 A station for disabled persons at the gangplank, with appropriate identification mark, shall be provided;
9.3 lifejackets for the exclusive use of disabled persons, with appropriate markings, shall be provided;
9.4 Provision of at least two (2) uniformed crew members with appropriate identification shall act as coordinator onboard vessel;
9.5 Designated seats for disabled persons with appropriate marking near exit/entrance of gangway/gangplank shall be provided;
9.6 Accessibility posters on fixed berth, designated seats and places on board the vessel shall be pasted.
10. Waterfront Accessibility:
10.1 Wheelchairs/stretchers stationed at the waterfront or ports shall be provided;
10.2 A Disabled Persons' Station at the Booking Office (s) shall be provided; and,
10.3 The ship owner is required to assign at least two (2) shipping company's personnel (shorebased) with proper identification as coordinator.
11. Provision for Toilet:
These shall be provided at least one (1) separate toilet for men and women for every eighty (80) passengers.
1. General Provisions
1.1 HSC shall be completely manned by Filipino officers and ratings except as authorized by the MARINA.
1.2 Masters, officers and ratings on board HSC shall be duly qualified, competent, certified and medically fit in accordance with the Philippine Merchant Marine Rules and Regulations (PMMRR) of 1997.
1.3 Masters, officers and ratings performing watch keeping duties shall meet the training requirements of STCW 1978, and the Code as amended, and those not performing watchkeeping duties shall undergo the basic safety training in accordance with the Code.
1.4 At least one Red Cross certified First Aider with appropriate identification for every 100 passengers shall be designated.
2 Tables of Minimum Safe Manning for HSC
2.1 Deck Department
2.2 Engine Department
Ship operators/owners who shall violate or fail to comply with policies/guidelines herein set forth shall be subject to the following administrative fines, and/or penalties provided under the Public Service Act, as amended, and other relevant rules and regulations of the MARINA.
Impositions of such fines shall be without prejudice to the institution of criminal and/or civil action with the regular courts against the company and/or responsible official/s or the recommendation to the Professional Regulations Commission for the suspension/cancellation of the license, as the case may be.
Any provisions of existing MARINA Circulars, rules and regulations, Orders or Decisions which are inconsistent with this Circular are hereby repealed or modified accordingly
Should any provision or part of this Circular be declared by the competent authority to be invalid or unconstitutional, the remaining provisions or parts thereof shall remain in full force and effect and shall continue to be valid and effective.
The MARINA shall undertake a re-inspection of existing fast craft vessels to determine compliance with the requirements under this Circular.
Existing vessels which may be classified as HSC under this Circular are hereby given until 01 January 1998 to comply with Secs. Y-VII herein; otherwise, said vessels shall have to be reclassified as conventional vessels or as appropriate.
This Memorandum Circular shall take effect on 15 August 1997 after its publication once in a newspaper of general circulation in the Philippines.
Adopted: 29 July 1997
BY AUTHORITY OF THE BOARD:
I
Objective
Objective
This Circular serves to provide policy guidelines in the regulation of high speed craft in the domestic shipping trade within the purview of Fe mandate vested with the MARINA.
II
Coverage
Coverage
This Circular shall apply to all persons, corporations, firms and entities engaged in the operation of high speed craft in the domestic marine transportation, for compensation, commercial or public use involving the carriage of passengers and cargoes between various ports and places in the Philippines.
III
Definition of Terms
Definition of Terms
1. Coastwise Voyage - means a voyage, limited to waters subject to the jurisdiction of the Philippines.
2. Dynamically Supported Craft (DSC): - is a craft which is operable on or above water and which has characteristics so different from those of conventional displacement ships, to which the existing Intentional Conventions, particularly the Safety and Loadline Conventions apply that alliterative measures should be used in order to achieve an equivalent level of safety.
3. Daytime Navigation - starts from the time of daylight between sunrise and sunset as stated in the International Rules of the Road. In tropical countries like the Philippines, daytime starts at 30 minutes plus minus 0500 H and ends at 30 minutes plus minus 1700 H.
4. High Speed Craft (HSC) - is a craft capable of maximum speed in meters per second (m/s) equal to or exceeding:
The above definition notwithstanding, the minimum service speed of the craft shall at least be 25 knots. Existing craft constructed under the DSC Code may qualify as a HSC upon satisfaction of the foregoing definition.3 70v 0.1667
where:
V = Displacement corresponding to the design water line in M 3
5. IACS - refers to International Association of Classification Societies.
6. IMO - refers to the International Maritime Organization.
7. MARINA - refers to the Maritime Industry Authority (MARINA)
8. Maximum Speed - is the speed achieved at the maximum continuous propulsion power for which the craft is certified at maximum operational weight and in smooth waters.
9. Night Vision Equipment (NVE) - equipment using camera, either low light or thermal imaging type, to detect short range targets in darkness the information being displayed on separate video monitors to the Master and the crew in the wheelhouse.
10. Partly Protected Waters Voyage - means a voyage in which a vessel, is not at any time, more than 100 miles by sea from the point of departure and not more than 20 miles from land at any point.
11. Protected Waters - are harbors, rivers or similar areas and waters in which a vessel is not more than 3 miles from land.
12. Recognized Classification Society - means a classification society which is a full member of International Association of Classification Societies (IACS).
13. "The Code" - refers to the IMO International Code of Safety for High Speed Craft as incorporated in SOLAS Chapter X.
The meaning of other terms/phrases used herein are as defined in relevant MARINA Memorandum Circulars or as generally understood in maritime industry practice.
IV
Acquisition of High Speed Craft
Acquisition of High Speed Craft
Taking into account the existence of policy guidelines for acquisition of vessels for domestic operations under Memorandum Circular No. 104, including the amendments thereto, all pertinent provisions therein except those which are herein provided shall be adopted.
1. Hull Requirement
Wooden hulled HSC shall not be allowed for acquisition under this Circular.
2. Age Requirement
The limitations on the importation and/or chartering of vessels under this Circular according to age are as follows:
3. Classification Requirement
All vessels to be acquired under this Circular shall be classed by a recognized IACS classification society, having full set of Rules specifically developed for HSC, prior to delivery to the buyer/charterer. The owner shall submit to the MARINA,: within sixty (60) days from completion of survey, certificates issued for annual and/or special surveys conducted. Provided, finally, that the HSC shall be classed maintained at all times during its operation in the domestic trade.
4. Documentary Requirements
The submission of pre-approval documents for authority to acquire vessels as required in Memorandum Circular No. 104 shall be made as post-approval requirements. except for the following:
4.1 Letter of intent/application
4.2 Duly signed Memorandum of Agreement/Deed of Sale/Bareboat Charter Contract
4.3 Valid Certificate of Vessel's Registry
4.4 General Arrangement Plan
4.5 Class Certificate/Certificate of Compliance with Annual/Special Survey
4.6 Receipt of Payment of Processing Fee - P20,000.00/vessel
V
Issuance of Certificate of Public Convenience (CPC)
Issuance of Certificate of Public Convenience (CPC)
The relevant provisions of Memorandum Circular Nos. 80, 106 and 117, in implementation of EO 185 and 213, respectively, providing consolidated policy guidelines intended to promote a more liberal/deregulated atmosphere for liner operations in the domestic shipping industry, except as herein provided, shall apply.'
1. Prescription of Sailing Schedules
As a rule, the proposed sailing schedules and frequencies of new entrants will be favorably considered: provided, no conflict in sailing schedules with other affected HSC operators In the applied route/link shall result therefrom, and; provided further, that the minimum interval between arrival/departures of HSC shall be thirty (30) minutes; otherwise, the MARINA shall prescribe, motu propio, sailing schedules that will best serve public interest and convenience. In addition, the following guidelines shall be considered:
1.1 HSC may be prescribed a departure time as that of other duly authorized vessel(s), not otherwise considered a HSC operating in the route; and2. Substitution of Vessels
1.2 Should there be an existing authorized HSC in the proposed route, the determination of safe and reasonable sailing schedule shall be taken by the MARINA in consideration of factors including, but not limited to: (1) area of operation; (2) navigational equipment of the craft; (3) safe speed of the craft to attain its proposed travel time; (4) number of existing HSC operators; (5) availability of berthing space at all ports to be served. Further, in the interest of safety, the schedules must provide sufficient rest periods for the crew.
If the new entrant in the route proposes a time schedule earlier than those of the existing HSC operator, this may be allowed in acknowledgment of its/his/her recognition of need services at the proposed time, unless previous acts of the existing operator will show its/his/her intention to provide an earlier service.
Finally, the MARINA may limit or qualify further entry of additional HSC in a given route/link when the berthing and other facilities, as well as other technical considerations in a given port can no longer accommodate additional vessels at a given time, subsequent to the prescription of reasonable sailing schedules therein.
In case of emergency repairs/drydocking or mechanical/engine trouble, authorized HSC operators may be allowed to make automatic substitution of their other HSC provided that:
2.1 No route/link shall be left unserved and3. Operational Limitations
2.2 There must be notice in writing to the MARINA within 24 hours of such substitution and reason/s therefor.
3.1 Area of operation
The operation of a HSC may be restricted in terms of routes, as follows:3.2 Maximum Safe Speed
i) Coastwise voyage
ii) Party Protected voyage
iii) Protected waters
iv) Short sea waters
As a rule, HSC are allowed to operate during daytime only. HSC may allowed to navigate during nighttime provided the required aids to navigation and collision avoidance on the craft are complied with, to the satisfaction of the MARINA.
In cases where night vision equipment (NVE) is not provided, the craft's operation shall be restricted to daytime navigation only. Where NVE as provided is fitted, proper crew training and bridge routine are necessary.
In addition, HSC should have special navigation lights similar to the hover craft flashing light for better identification.
The above restriction/limitation shall be reflected in the craft's Certification of Inspection(CI)
The craft's operational speed shall be limited to ninety percent (90%) of its maximum speed, as defined under this Circular.3.3 Number of Passengers
The craft's service speed shall in no case be less than 25 knots.
However, the speed of a HSC shall be restricted by wind force and direction, wave height during severe weather condition, entering narrow channels and reduced visibility, among others. Like, HSC shall observe maximum docking or berth impact speeds to avoid causing nuisance in harbors or other confined areas and avoid damage to the port and/or other vessels; provided, finally, that HSCs shall not race each other in any event, time or place.
3.3.1 The number of passengers for maximum loading shall be based on the number of permanent seats on board; and3.4 Craft Documentation
3.3.2 Only seats approved by the MARINA in accordance with the requirements of the Code shall be allowed.
As required in the Code, several manuals, including detail of their contents, must be carried on board. These are the Craft Operating Manual, Route Operational Manual, Training Manual and the Maintenance and Servicing Manual. These manuals must be submitted to the MARINA for approval.4. Rates Prescription
In support of the government's thrust to increase the attractiveness of investments in domestic shipping industry through introduction of innovative or technologically advance shipping services, the applicable provisions of Memorandum Circular No. 117, providing policy guidelines in the implementation of Executive Order No. 213, except Sec. 2.1.a on deregulation of passage rates for vessels not otherwise accredited or certified by the Department of Tourism, and Sec. 5.1 on general policy guidelines on rates prescription, are hereby adopted.
5. Period of CPC Validity:
VI
Maximum Service Standards
Maximum Service Standards
1. General Standards
The minimum service standards for HSC shall be those prescribed for Second Class Accommodations under Memorandum Circular No. 65/65A.
2. Arrangement
2.1 Passenger and crew accommodations shall be designed and arranged so as to protect the occupants from unfavorable-environmental conditions and to minimize the risk of injury to occupants during normal and emergency conditions; and
2.2 Passenger accommodations shall not contain operating controls unless the same are protected and located so that their operation by any crew member will not be impeded by passengers during normal and emergency conditions of operation.
3. Seat construction
3 1 Seats shall be of a form and design as to minimize the possibility of injury and to avoid trapping of the occupants particularly in emergency conditions. Dangerous projection and hard edges should be eliminated; and,
3.2 The installation of seats shall allow adequate access to any part of the accommodation space. In particular, they should not obstruct access to, or occupy space of any essential or emergency equipment or required means of escape.
4. Safety belts
4.1 Seats facing solid bulkheads or other constructions which may cause injuries in case of collision shall be provided with safety belts; and,
4.2 Safety belts and their attachment should be sufficiently strong to withstand the load that may arise due to a collision.
5. Baggage, store and cargo compartments
Provision should be made to prevent shifting of baggage store and cargo.
6. Deck, Floor and Railings
6.1 Passengers should not be carried on open deck;
6.2 Decks, walkways and stairs which are intended for passengers should be of the non-skid type. Indoor floors may have carpets; and,
6.3 Entrances, stairs, gangways should have handholds on both sides.
7. Exit Provisions
7.1 Exit doors, aisle and passageways shall be kept clear from any obstruction at all times during the travel.
7.2 The craft should have a sufficient number of exits which are suitable to facilitate the quick and unimpeded escape of passengers wearing approved lifejackets in emergency conditions.
8. Safety Film and Voice Tape
The showing of a tape film or actual demonstration on the safety features of the vessel is hereby required/reiterated in accordance with the provisions of Memorandum Circular No. 72.
9. Onboard Accessibility
9.1 At least one deck shall be provided with accessible ramps, passageways; access to gangways, galleys, toilet and bath, safety equipment and berth/cabins with dimensions conforming with the requirement as provided in MC 65-A;
9.2 A station for disabled persons at the gangplank, with appropriate identification mark, shall be provided;
9.3 lifejackets for the exclusive use of disabled persons, with appropriate markings, shall be provided;
9.4 Provision of at least two (2) uniformed crew members with appropriate identification shall act as coordinator onboard vessel;
9.5 Designated seats for disabled persons with appropriate marking near exit/entrance of gangway/gangplank shall be provided;
9.6 Accessibility posters on fixed berth, designated seats and places on board the vessel shall be pasted.
10. Waterfront Accessibility:
10.1 Wheelchairs/stretchers stationed at the waterfront or ports shall be provided;
10.2 A Disabled Persons' Station at the Booking Office (s) shall be provided; and,
10.3 The ship owner is required to assign at least two (2) shipping company's personnel (shorebased) with proper identification as coordinator.
11. Provision for Toilet:
These shall be provided at least one (1) separate toilet for men and women for every eighty (80) passengers.
VII
Manning Requirements and Qualification of Crew
Manning Requirements and Qualification of Crew
1. General Provisions
1.1 HSC shall be completely manned by Filipino officers and ratings except as authorized by the MARINA.
1.2 Masters, officers and ratings on board HSC shall be duly qualified, competent, certified and medically fit in accordance with the Philippine Merchant Marine Rules and Regulations (PMMRR) of 1997.
1.3 Masters, officers and ratings performing watch keeping duties shall meet the training requirements of STCW 1978, and the Code as amended, and those not performing watchkeeping duties shall undergo the basic safety training in accordance with the Code.
1.4 At least one Red Cross certified First Aider with appropriate identification for every 100 passengers shall be designated.
2 Tables of Minimum Safe Manning for HSC
2.1 Deck Department
* one deck rating for every 100 authorized passenger capacity
2.2 Engine Department
Provided, finally, that nighttime navigation shall be allowed only in case where an NVE as defined herein is properly fitted and operated by the Master and one duly qualified officer.
14401-18000
10801-14400
7201-10800
5401-7200
VIII
Penalties and Sanctions
Penalties and Sanctions
Ship operators/owners who shall violate or fail to comply with policies/guidelines herein set forth shall be subject to the following administrative fines, and/or penalties provided under the Public Service Act, as amended, and other relevant rules and regulations of the MARINA.
Impositions of such fines shall be without prejudice to the institution of criminal and/or civil action with the regular courts against the company and/or responsible official/s or the recommendation to the Professional Regulations Commission for the suspension/cancellation of the license, as the case may be.
Operator/Owner
Seafarer
IX
Repealing Clause
Repealing Clause
Any provisions of existing MARINA Circulars, rules and regulations, Orders or Decisions which are inconsistent with this Circular are hereby repealed or modified accordingly
X
Separability Clause
Separability Clause
Should any provision or part of this Circular be declared by the competent authority to be invalid or unconstitutional, the remaining provisions or parts thereof shall remain in full force and effect and shall continue to be valid and effective.
XI
Transitory Provisions
Transitory Provisions
The MARINA shall undertake a re-inspection of existing fast craft vessels to determine compliance with the requirements under this Circular.
Existing vessels which may be classified as HSC under this Circular are hereby given until 01 January 1998 to comply with Secs. Y-VII herein; otherwise, said vessels shall have to be reclassified as conventional vessels or as appropriate.
This Memorandum Circular shall take effect on 15 August 1997 after its publication once in a newspaper of general circulation in the Philippines.
Adopted: 29 July 1997
BY AUTHORITY OF THE BOARD:
(SGD.) RADM PIO H. GARRIDO JR. AFP (RET.)
Administrator
Administrator