(NAR) VOL. 5 NO. 1/JANUARY - MARCH 1994

[ HPCG MEMORANDUM CIRCULAR NO. 06-94, February 22, 1994 ]

REGISTRATION REQUIREMENTS OF WATERCRAFT FOR THREE GROSS TONS AND BELOW



A
Authority

1.  Section 1 (b), 3(d) and (1), Republic Act 5173.

2.  Para (b) (3), Section 1503, Chapter XV of the Philippine Merchant Marine Rules and Regulations

B
Scope

This Memorandum Circular shall apply to all motor driven watercraft with or without outriggers of three gross tons and below, used or intended for use in Philippine waters.

C
Purpose

To prescribe policies and procedures in the registration and documentation of watercraft of three gross tons and below.

D
Definition of Terms

1.  Motor Driven Watercraft A motorized vessel with or without outriggers having three (3) gross tons and below to include watercraft for recreational purposes like water hi-jet ski, etc.

2.  Gross Tonnage A measure of the overall capacity of the watercraft.

3.  Tonnage Length The length in meters measured from the inboard face of the hull on one side to the opposite side taken at the widest part of the hull.

4.  Tonnage Breadth The breadth in meters measured from the inboard face of the hull on one side to the opposite side taken at the widest part of the hull.

5.  Tonnage Depth The vertical distance in meters measured from top of the gunwale to the bottom of the inside hull.

6.  Rake of Bow The inclination of the line of the bow from the forward perpendicular.

7.  Rake of Stern The inclination of the line of the stern from the after perpendicular.

8.  Outriggers A framework supporting outside and parallel to the hull of the boat to provide stability.

9.  Rake-Rake Method A method of computing the gross tonnage by using the rake-rake formula.

10.  Coefficient Method A method of computing the gross tonnage by using the coefficient formula.

11.  Certificate of Number A certificate issued by Philippine Coast Guard to a motor driven watercraft in lieu of the Certificate of Philippine Registry.

12.   Operator The person entrusted by the owner to be responsible for control, operation and safe navigation of a motor driven watercraft.

13.   Homeport The Station/District where a vessel is registered.

E
Policies

1.  All motor driven watercraft of three gross tons and below to include watercraft for recreational purposes like ski jet are required to possess a Certificate of Number before it can operate.

2.  The Certificate of Number is valid for two years and renewable every two years issued in three copies distributed as follows:

a.  Original copy — Marked "Owner’s copy"

b.  Duplicate Copy — Marked "Station Copy"

c.   Triplicate Copy — Marked "District Copy"

3.  The original copy or a certified xerox copy of the certificate duly authenticated by the issuing station shall be carried onboard at all times.

4.  The numbers assigned to the watercraft shall be in five parts:

1st part — Abbreviation of the Coast Guard District having jurisdiction over the area.

2nd part — Abbreviation in three letters of the Coast Guard Station where the watercraft is registered.

3rd part — Consecutive Arabic numbering in four digits beginning with 0001.

4th part — Month of issuance in two digits.

5th part — Year of issuance in two digits.

Example: 2CGD-CEB-0001-01-94

5.  Engine Particulars - The engine trade mark, horse power and serial number shall be printed on the Certificate of Number and physically verified by the Coast Guard inspector.

6.  Name of Motor Driven Watercraft - The name to be registered shall be an additional means of identification. The owner shall accomplish the application for Name Clearance Form (PCG Form 520-A) and shall be processed and approved by the Coast Guard Station, where it will be registered.

  1. The registered name shall be painted on the port and starboard bow in plain vertical block characters of not less than six inches in height and one and one half inches in width.

  2.  Contrast to the color of the background and be distinctly visible and legible.

7.  SOLAS Requirements - The craft shall have the following onboard:

a.  Life saving equipment preferably a lifejacket for each person onboard or improvised buoyant apparatus like bamboo raft (“balsa”) made of two or more pieces of bamboo poles with at least six inches in diameter and not less than six feet in length, adequate to use as floats for all persons on board.

b.  Life lines not less than 25 meters in length, anchor and paddles.

c.  Signalling equipment:

1)    mirror for day use

2)    flash light 3-cell battery, 4 D type, 1.5 volt for night use

8.  Alteration — Any alteration on the structure or change of status of the watercraft shall be reported to the homeport CG Station.

F
Procedures

1.  Application for Inspection and Tonnage Measurement - a) The owner/operator shall apply for the inspection and tonnage measurement of the watercraft to the nearest Coast Guard Station or Detachment using the form Application for Vessel Inspection and Tonnage Measurement, PCG Form 1 (Annex-A)*.

b.  Concerned Coast Guard Station/Detachment shall designate qualified PCG personnel to conduct the necessary inspection and admeasurement to determine compliance with the regulations defined herewith and to measure tonnage respectively.

2.  Conduct of Tonnage Measurement — The PCG inspector and admeasurer shall conduct the admeasurement of the watercraft using either of the two methods described below whichever is applicable provided the higher tonnage shall be the gross tonnage to be registered.

a.  Rake-Rake Method A measure of gross tonnage using the rake-rake formula. (Annex-B) *

b.  Coefficient Method A measure of gross tonnage using the coefficient formula. (Annex-C) *

3.  Issuance of Certificate of Number — If the inspection is satisfactory, it shall be indicated in the application form for inspection which shall be the basis of the PCG Station to issue the corresponding letters and numbers.

a.  The owner/operator shall paint on the watercraft the designated letters and numbers and registered name take pictures and submit the following documents for the issuance of certificate using PCG Form 521A (Annex-E)*:

1)    Duly notarized affidavit of ownership of the hull;

2)    Builders Certificate or any document attesting the construction of the watercraft by the builder in favor of the owner;

3)    Stencil of the engine serial number and Highway Patrol Group, PNP Clearance if the engine used in the watercraft was formerly used on land vehicle;

4)    Invoice receipt (if the engine is a Briggs and Stratton or similar type engine or Deed of Sale if purchased from other person whose engine is already registered with the PCG);

5)    Two colored pictures of the watercraft showing the entire hull, the number and the name if applicable; and

6)    Tonnage calculation sheet duly signed by the admeasurer.

b.  The Coast Guard station concerned shall check the completeness and correctness of the documents, collect the necessary fees and charges and issue the corresponding Certificate of Number, PCG Form 374 (Annex-F) *

4.  Renewal, Replacement, Change of Ownership and Deletion - a. Renewal of Certificate of Number shall be done one month before the date of expiration. Only the year portion of the Certificate of Number shall be changed, retaining the other parts. Each renewal shall be accompanied by actual inspection.

b.  Replacement of lost/destroyed Certificate of Number may be secured from the issuing station after the presentation of an affidavit stating the circumstances that lead to its loss/destruction, subsequent inspection of the watercraft and collection of inspection fees and documentation fees.

c.  Any change of ownership, name and homeport shall be secured from the issuing station after submitting the Deed of Sale, inspection of watercraft and payment of inspection fee.

d.  Owners/operators of motor driven watercraft shall report to the Coast Guard Station where subject watercraft is homeported for the deletion from the List of Registry when:

1)    Totally wrecked;

2)    Watercraft beyond rehabilitation or economical repair or;

3)    Sunken vessel which can no longer be refloated.

5.  Motor Engine Clearance — The owner shall submit the following:

a.  Invoice Receipt of motor engine if acquired from legitimate store;

b.  Deed of Sale of motor engine, duly notarized if acquired from another person;

c.   Highway Patrol Group, PNP Clearance

1)    Mandatory, for engine formerly used on LTO registered land vehicle.

2)    Waive, if the engine to be used on the watercraft for registration came from LTO registered motor owned by the registrant, provided he/she could provide proof of ownership.

3)    Not required, if the engine to be installed is a surplus bought from legitimate store. Briggs and Stratton engine similar engines shall be treated the same.

Under no instance shall an engine formerly used on land vehicle with tampered or defaced serial number be permitted to be installed on a vessel for registration, even if it was issued clearance by HPG, PNP.

6.  Issuance and Display of Engine Number - If the engine has no serial number from its manufacturer, the Coast Guard Station concerned shall issue a serial number which consists of the first four (4) parts of the Certificate of Number of the owner shall be required to stencil the same on the engine block at least one centimeter in height.

7.  Display of Certificate of Number - (Except watercraft for recreational purposes)

a.  The letters and numbers shall be painted on both sides of the forward half of the watercraft width.
b.  Be in plain vertical block character of not less than nine inches in height and one and half inches in thickness.
c.  Contrast to the color of the background and be distinctly visible and legible.
d.  Read from left to right and be the only number displayed on the forward half of the watercraft.
e.  In addition, the letters and numbers shall likewise be etch or carve at the permanent part on the frame directly below the forward outrigger support and shall be two inches in height.

G
Fees and Charges

1.  Certificate of Number
a.  One Gross Ton and Below   —    P100
b.  Two Gross Tons and Below    —    150
c.   Three Gross Tons and Below     —    200
2.  Inspection Fees
a.  One Gross Ton and Below   —    P50
b.  Two Gross Tons and Below    —    75
c.   Three Gross Tons and Below     —    100

3.  Change of Documents — Any documents issued for the change of ownership, change of name, change of owner’s address, change of service and change of homeport shall be charged the same fees specified in para 1 and 2.

H
Responsibility

1.  AC of S for Marine Transportation & Vessel Safety, CG-8 — (a) Monitor the implementation of this Memorandum Circular and maintain records and statistics.

b.  Provide Certificate of Number Forms to all Coast Guard Districts.

2.  District and Station - a. Implement provisions of this Memorandum Circular.

b.  Conduct information drive on the provisions of this Memorandum Circular.

c.  CG Stations shall submit a monthly report to their respective CG District Headquarters which in turn shall submit the consolidated report to CPCG Attn: AC of S for Marine Transportation and Vessel Safety, CG-8 Subj: List of Motor Driven Watercraft Awarded a Certificate of Number, in the following format:


CGS__________ Month_______
________________________________________________________________________
CERTIFICATE : NAME : ENGINE : G.T.:OWNER/
OF NUMBER ::OF : NR : OPERATOR
  VESSEL    


d.  Maintain a list of PCG numbered engines reported to have been lost for dissemination to other PCG units for inclusion in the watch list.

e.  Conduct regular inspection of all motor driven watercraft to ensure compliance of this Memorandum Circular.

3.  Owner/Operator - (a) Ensure that the watercraft carry a valid certificate at all times.

b.  Maintain the seaworthiness of the vessel and carry SOLAS requirement onboard at all times.

I
Penal Provisions

1.  Navigating Without Certificate of Number - Any motor driven watercraft used in Philippine Waters without Certificate of Number shall be seized and impounded until the owner/operator has duly complied with the requirements, secured the Certificate of Number and paid the corresponding administrative fine of P500.00 (Section 1514, PMMRR). A storage fee of P25.00 shall be charged per day for this purpose.

2.  Expired Certificate of Number - A day after the expiry date and thereafter but less than one year is considered late renewal. The owner shall be charged aside from the regular registration fee a penalty of equivalent to 50% of the registration fee.

3.  Non-Renewal - A year after the expiry date is considered non-renewal of registration. The owner shall be charged aside from the regular registration fee a penalty of equivalent to 100% of the registration fee.

4.  Engaging in Trade Without Permit - Any motor driven watercraft registered under this Memo-Circular and found engaged in the business of carrying passengers and cargoes shall be apprehended and shall be charged P400.00 for each offense.

5.  Other Offenses - Any motor driven watercraft found violating any of the provisions of this Memorandum Circular shall be required to correct the deficiencies and to pay the corresponding administrative fine commensurate to the offense as specified in the same section.

6.  Serious Offenses - Any motor driven watercraft apprehended for serious offense for violation of any law or laws of other agencies which the PCG had been deputized to enforce shall be penalized as applicable.

7.  Repeated Violations - Any motor driven watercraft apprehended for the second time of the same offense shall be charged an administrative fine of two times the amount. Watercraft apprehended for third time shall be charged three times the amount of administrative fine. Watercraft apprehended for the fourth time within the two years validity period of the Certificate of Number the vessel may be subjected to impounding until such time the owner/operator have duly complied with the requirements.

J
Rescission Clause

This Memorandum Circular rescinds MC 01-69 and MC 06-88. All other publications previously issued that are in part or in whole in conflict with the provisions of this Memorandum Circular are hereby rescinded.

K
Effectivity

This Memorandum Circular shall take effect one month after its publications in a newspaper of general circulation or fifteen days upon submission to the University of the Philippines Law Center.

Adopted: 22 Feb. 1994


(Sgd.) DARIO T. FAJARDO
Commodore

 

* Text available upon request at the Office of the National Administrative Register (ONAR), U.P. Law Center, Diliman, Quezon City.


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