Question & AnswerQ&A (PTBP MEMORANDUM CIRCULAR NO. 08-96)
The authority is vested by Republic Act (RA) 5173, also known as the Coast Guard Law.
It applies to all foreign-flagged vessels engaged in international trade calling at any port of the Republic of the Philippines, except naval and coast guard vessels, wooden ships of primitive build, ships not propelled by mechanical means, and ships below convention size regarding Port State Control instruments.
Clear grounds are evidence that the ship, its equipment, or its crew does not substantially comply with relevant conventions or that the master or crew are not familiar with essential safety or pollution prevention procedures.
A deficiency is a condition found not to be in compliance with the requirements of the relevant maritime conventions.
Detention is the intervention by the port State to ensure a ship does not sail until it can proceed without danger to the ship, persons on board, or the marine environment due to non-compliance with applicable conventions.
PCG is authorized to conduct inspections of foreign vessels for safety, pollution control, and compliance with minimum standards of training, social and labor conditions through authorized inspectors.
Notify the master or senior officer of the inspection purpose, check previous inspection reports if within 6 months, verify certificates/documentation, conduct cursory or detailed inspections if necessary, advise on deficiencies, and finalize with an inspection report and formal courteous departure.
Factors include validity of documentation, compliance with manning, ability to navigate safely, cargo handling, engine operation, fire fighting, abandonment capability, pollution prevention, stability, watertight integrity, distress communication, and safe/healthy on-board conditions.
A special list of dangerous and hazardous cargo manifest and a detailed stowage plan identifying class and location of all dangerous goods must be presented; absence of either can justify holding the vessel.
Re-inspection fees are PHP 5,000 for the first hour and PHP 1,000 for each additional hour or fraction thereof. No fines are collected for deficiencies, but re-inspection fees are charged upon verification that deficiencies have been rectified.