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(NAR) VOL.8 NO. 3 / JULY - SEPTEMBER 1997
[ MIA MEMORANDUM CIRCULAR NO. 124, August 26, 1997 ]
REVISED CLASSIFICATION REQUIREMENTS FOR VESSELS IN THE DOMESTIC TRADE
Pursuant to PD 474 and Executive Order Nos. 125/25-A, and in consonance with the government's policy to further strengthen maritime safety, the following revised guidelines in the classification of vessels to be operated in the domestic trade are hereby adopted:
The following vessels intended for acquisition under Memorandum Circular No. 104 must be classed or classed by an internationally accredited classification society as of the time of their acquisition;
It is further understood that the aforementioned vessels shall be classified maintained at all times during their operation in the domestic trade.
Vessels approved for acquisition commencing 1 January 1997 and those intended for acquisition under Memorandum Circular 104, not falling within the categories in Section (I), in lieu of me classification requirement, must be in seaworthy condition, without outstanding recommendations, as shown in the latest survey report prepared by a marine surveyor in the country of origin of the vessel, and as attested to or confirmed by actual MARINA survey and inspection to be conducted prior to the release of the vessel from the custody of the Bureau of Customs.
Vessels required to be classed under Section (I) which were approved for acquisition and/or delivered commencing 1 January 1997 until the effectivity of this Circular on 15 September 1997, shall strictly comply with MARINA Office Order No. 014-93193A, series of 1993, which provides for the guidelines won the strict implementation of the classification requirement for imported/bareboat chartered vessels intended for domestic operations.
The classification requirement for vessels operating in the domestic trade prior to 1 January 1997, except High Speed Crafts and tankers and barges hauling petroleum, petroleum by-products, chemicals and other hazardous cargoes required to be classed under Memorandum Circular Nos. 56/56-A, 104 and 121, shall be optional: Provided, the following conditions are complied with:
The foregoing provisions, notwithstanding, the owner/operator of a vessel exempted from mandatory classification is not preduced from having the vessel classed.
Any violation of or failure to comply with the provisions of this Circular shall be subject to the administrative sanctions prescribed under Memorandum Circular No. 120, s. 1997.
Any provision of existing orders, circulars or rules and regulations otherwise inconsistent herewith are hereby modified/amended accordingly.
The relevant provisions of Memorandum Circular No. 121, s. 1997, providing for specific guidelines on the classification of High Speed Crafts are hereby reiterated.
This Memorandum Circular shall take effect on 15 September 1997 after its publication once in a newspaper of general circulation.
Adopted. 26 Aug. 1997
I
Vessels to be Acquired Under Memo Circular 104
Vessels to be Acquired Under Memo Circular 104
The following vessels intended for acquisition under Memorandum Circular No. 104 must be classed or classed by an internationally accredited classification society as of the time of their acquisition;
a. Passenger and/or cargo vessels 500 GT and above; andVessels falling under the foregoing categories, including High Speed Craft, which are to be acquired through local construction shall be built to class.
b. Tankers and barges hauling petroleum, petroleum by-products, chemicals and other hazardous cargoes.
It is further understood that the aforementioned vessels shall be classified maintained at all times during their operation in the domestic trade.
II
Exempt Vessels
Exempt Vessels
Vessels approved for acquisition commencing 1 January 1997 and those intended for acquisition under Memorandum Circular 104, not falling within the categories in Section (I), in lieu of me classification requirement, must be in seaworthy condition, without outstanding recommendations, as shown in the latest survey report prepared by a marine surveyor in the country of origin of the vessel, and as attested to or confirmed by actual MARINA survey and inspection to be conducted prior to the release of the vessel from the custody of the Bureau of Customs.
III
Vessels Acquired/Delivered Commencing 1 January 1997:
Vessels Acquired/Delivered Commencing 1 January 1997:
Vessels required to be classed under Section (I) which were approved for acquisition and/or delivered commencing 1 January 1997 until the effectivity of this Circular on 15 September 1997, shall strictly comply with MARINA Office Order No. 014-93193A, series of 1993, which provides for the guidelines won the strict implementation of the classification requirement for imported/bareboat chartered vessels intended for domestic operations.
IV
Existing/Operating Vessels as of 31 December 1996:
Existing/Operating Vessels as of 31 December 1996:
The classification requirement for vessels operating in the domestic trade prior to 1 January 1997, except High Speed Crafts and tankers and barges hauling petroleum, petroleum by-products, chemicals and other hazardous cargoes required to be classed under Memorandum Circular Nos. 56/56-A, 104 and 121, shall be optional: Provided, the following conditions are complied with:
a. The vessel shall undergo survey and inspection by MARINA surveyor prior to the extension/renewal of the Certificate of Inspection; and
b. All vessel safety documents/certificates must be valid prior to the extension/renewal of the Certificate of Public Convenience (CPC)/Provisional Authority (PA)/Special Permit (SP).
V
Voluntary/Optional Classification by Owner/Operator
Voluntary/Optional Classification by Owner/Operator
The foregoing provisions, notwithstanding, the owner/operator of a vessel exempted from mandatory classification is not preduced from having the vessel classed.
VI
Sanctions/Penalties:
Sanctions/Penalties:
Any violation of or failure to comply with the provisions of this Circular shall be subject to the administrative sanctions prescribed under Memorandum Circular No. 120, s. 1997.
VII
Repealing Clause
Repealing Clause
Any provision of existing orders, circulars or rules and regulations otherwise inconsistent herewith are hereby modified/amended accordingly.
VIII
Saving Clause
Saving Clause
The relevant provisions of Memorandum Circular No. 121, s. 1997, providing for specific guidelines on the classification of High Speed Crafts are hereby reiterated.
IX
Effectivity Clause
Effectivity Clause
This Memorandum Circular shall take effect on 15 September 1997 after its publication once in a newspaper of general circulation.
Adopted. 26 Aug. 1997
(SGD.) RADM PIO H. GARRIDO, JR. AFP (RET.)
Administrator
Administrator