QuestionsQuestions (MIA MEMORANDUM CIRCULAR NO. 121)
Its objective is to provide policy guidelines on regulating high speed craft (HSC) in the domestic shipping trade within MARINA’s mandate. It covers all persons, corporations, firms, and entities operating HSC for compensation or commercial/public use involving passenger and cargo carriage between Philippine ports.
An HSC is a craft whose maximum speed meets or exceeds a formula based on displacement corresponding to the design waterline (V). Regardless of the formula, the minimum service speed must be at least 25 knots. Existing craft built under the DSC Code may qualify upon satisfying the definition.
Coastwise Voyage is limited to waters under Philippine jurisdiction. Partly Protected Waters means the vessel is never more than 100 miles by sea from departure and never more than 20 miles from land at any point. Protected Waters are harbors/rivers/similar areas where a vessel is not more than 3 miles from land. These classifications matter because the Circular allows or restricts HSC routes/operational areas.
Wooden hulled HSC shall not be allowed for acquisition under this Circular.
Maximum age limits decrease over time: 1997—10 years; 1998—9; 1999—8; 2000—7; 2001—6; beyond 2001—5 years.
All acquired vessels must be classed by a recognized IACS classification society with rules specifically developed for HSC prior to delivery. The owner must submit to MARINA within 60 days from completion of survey the certificates for annual and/or special surveys, and must keep HSC classification maintained at all times during domestic operation.
They are generally treated as post-approval requirements, except for: (1) letter of intent/application; (2) signed Memorandum of Agreement/Deed of Sale/Bareboat Charter Contract; (3) valid Certificate of Vessel’s Registry; (4) General Arrangement Plan; (5) Class Certificate/Certificate of Compliance with annual/special survey; and (6) proof of payment of processing fee (P20,000 per vessel).
Proposed schedules/frequencies of new entrants are favorably considered if no conflict with existing HSC operators on the route/link results, and if the minimum interval between arrival/departures is at least 30 minutes. Otherwise, MARINA may prescribe schedules motu proprio to best serve public interest and convenience.
MARINA considers factors including: area of operation; navigational equipment; safe speed needed to attain travel time; number of existing HSC operators; and availability of berthing space at all ports to be served, and in the interest of safety, sufficient rest periods for the crew.
Substitution is allowed provided no route/link is left unserved and the operator gives written notice to MARINA within 24 hours stating the substitution and the reasons.
As a rule, HSC operate during daytime only. Night navigation may be allowed if required aids to navigation and collision avoidance are complied with to MARINA’s satisfaction. If NVE is not provided, operations are restricted to daytime only. If NVE is fitted, proper crew training and bridge routines are necessary; nighttime navigation is allowed only when NVE is properly fitted and operated by the Master and one duly qualified officer.
The restriction/limitation on navigation (e.g., daytime only vs allowing nighttime with NVE compliance) must be reflected in the craft’s Certification of Inspection (CI).
Operational speed must be limited to 90% of the craft’s maximum speed as defined in the Circular. Service speed must not be less than 25 knots.
Maximum number of passengers is based on the number of permanent seats on board.
Only seats approved by MARINA in accordance with the requirements of the IMO International Code of Safety for High Speed Craft (the “Code”) shall be allowed.
The craft must carry: Craft Operating Manual, Route Operational Manual, Training Manual, and Maintenance and Servicing Manual. These manuals must be submitted to MARINA for approval.
First infraction: P25,000 per vessel (operator/owner) and P5,000 (seafarer). Second: P50,000 per vessel and/or suspension of CPC/PA/SP (operator/owner) and P10,000 and/or suspension of SIRB (seafarer). Third: P100,000 per vessel and/or cancellation of CPC/PA/SP (operator/owner) and P25,000 and/or cancellation of SIRB (seafarer).
MARINA will re-inspect existing fast craft vessels to determine compliance. Existing vessels that may be classified as HSC under the Circular are given until January 1, 1998 to comply with the sections on navigation/operation and crew requirements; otherwise, they must be reclassified as conventional vessels or as appropriate.
If the vessel is 5 years old and below, CPC validity is 10 years; if above 5 years old, CPC validity is 5 years.