QuestionsQuestions (PTBP MEMORANDUM CIRCULAR NO. 02-96)
It is anchored on R.A. 5173 (empowering the PCG to promulgate SOLAS-related regulations), Chapter XIV of the PMMRR (Carriage of Dangerous Goods), Chapter VII of SOLAS 1974 (as amended), the IMDG Code (as amended), and Annex III to MARPOL 73/78.
To prescribe policies and procedures for the safe handling, carriage, and transfer of dangerous goods to promote safety of life and property at sea.
It applies to all types of vessels except those in Groups IV, VI, VII (per PMMRR), and all wooden vessels carrying passengers (prohibited from carrying dangerous goods), as well as vessels specifically classified/designed to carry in bulk a particular class/type of dangerous cargo.
It means transportation of dangerous cargoes, including handling and stowage.
Class 1 Explosives; Class 2 Gases (compressed/liquefied/dissolved under pressure); Class 3 Flammable liquids; Class 4.1 Flammable solids; Class 4.2 Substances liable to spontaneous combustion; Class 4.3 Substances which, when in contact with water, emit flammable gases; Class 5.1 Oxidizing substances; Class 5.2 Organic peroxides; Class 6.1 Poisonous (toxic) substances; Class 6.2 Infectious substances; Class 7 Radioactive materials; Class 8 Corrosives; Class 9 Miscellaneous dangerous substances.
Packaging must be (1) well made and in good condition; (2) such that interior surfaces are not dangerously affected by the substance; and (3) capable of withstanding ordinary handling and carriage risks by sea.
The material must minimize danger; prevent movement and ensure receptacle remains surrounded; and, where reasonably possible, be sufficient to absorb liquid in case of breakage.
It is the empty space in a receptacle; it must be sufficient to allow for the highest temperature during the course of the normal voyage so pressure expansion is managed safely.
They must be durably marked with the correct technical name (trade names alone are not allowed) and provided with distinctive labels/stencils/placards appropriate to the dangerous properties.
It must remain identifiable on the package surviving at least three (3) months of immersion in the sea.
For packages containing low degree of hazard or packed in limited quantities; or when special circumstances permit unit stowage/handling identified by labels or placards.
Incompatible goods must be segregated from each other and dangerous goods must be stowed safely and appropriately according to their nature.
They must be stowed in a magazine kept securely closed while at sea, and they must be segregated from detonators.
Packaged goods that give off dangerous vapors must be stowed in a mechanically ventilated space or on deck; solid dangerous goods in bulk that give off dangerous vapors must be stowed in a well-ventilated space.
A Dangerous Cargo Manifest with Stowage Plan. It must show: vessel name and official number; flag/nationality; true shipping name of dangerous cargoes (noun descriptions); list of receptacles with correct technical names and distinctive labels; tonnage in bulk or number/description of outside containers and gross weight; classification of cargoes; stowage provided; loading point and destination; (for domestic transport) permits from Firearms and Explosives Office/PNP as appropriate and Environmental Compliance Certificate from DENR-EMB as appropriate; and signature of master or authorized officer.
The information must be the correct information actually furnished to the vessel by the shipper/cargo owner. The manifest with storage plan must be produced upon demand of the Commandant, PCG or authorized representative.
Dangerous cargoes shall not be handled/stowed/stored/loaded/discharged except on safe pier or anchorage permitted by the Commandant/authorized representative; in emergencies, loading/discharge may be allowed in locations authorized by the Commandant/authorized representative. A Permit to Carry/Transfer Dangerous Cargo (PCG form in Annex) must be issued after verifying compliance with safety requirements under IMDG, SOLAS Chapter VII, and PMMRR Chapter XIV.
It is valid for one voyage only.
Without complying with safety requirements: first offense 25% of cargo total value or P3,000 (whichever higher); second 50% or P6,000 (whichever higher) plus recommendation for 30 days suspension of CPC for Philippine-registered vessels; third 100% or P10,000 (whichever higher) plus recommendation for indefinite suspension of CPC. Without appropriate permit: first offense 35% or P5,000 (whichever higher); second 75% or P10,000 (whichever higher) plus recommendation for 30 days suspension of CPC; third 100% or P20,000 (whichever higher) plus recommendation for indefinite suspension.