Law Summary

I. Objective

This Memorandum Circular establishes the guidelines and procedures for the issuance and renewal of the Motorboat Operator's License (MBOL) to operate vessels and watercraft with a gross tonnage (GT) of 3 and below.

• Purpose: To regulate the issuance and renewal process of MBOL.
• Applicability: Specifically for operators of watercraft that do not require a licensed merchant mariner.

II. Coverage

The guidelines apply to:

• Motorboats: Defined as watercraft of 3 GT and below, powered by inboard or outboard engines.
• Motorboat Operators: Individuals operating motorboats for trade, service, livelihood, or pleasure.
• Motorboat Operator's License: A license issued by the Maritime Industry Authority (MARINA) to qualified individuals.

III. General Procedures

1. Issuance of License

• Application Process: Applicants must submit the following to the nearest MARINA office:
  • Duly accomplished application form.
  • Barangay Clearance.
  • Birth Certificate or Affidavit from two disinterested persons, or a certified true copy of the National ID.
  • Notarized Barangay Certification on ability to operate a motor banca.
  • Two 1" x 1" pictures.

2. Renewal/Suspension of License

• Renewal Requirements:
  • Must be renewed before expiry by submitting the application form and the old MBOL.
  • Renewal at a different MARINA office requires endorsement from the former issuing office.
• Suspension Grounds:
  • Three reported violations lead to denial of license.
  • Two reported violations can lead to suspension.
  • An individual may apply for a new license after three months from denial.

3. Replacement of Lost License

• Conditions for Replacement:
  • Submission of application form and Affidavit of Loss.
  • No record of violations or suspensions.
  • Clearance from the previous issuing office if applying elsewhere.

4. Carriage of License

• License Requirement: Operators must carry their MBOL at all times while operating a motorboat.

IV. Fees and Charges

• Application Fees: Fees will be charged as per MARINA's Memorandum Circular on Fees and Charges.

V. Apprehension

• Confiscation Conditions:
  • If the operator commits a crime while operating the boat.
  • If any maritime law or regulation is violated.
  • If involved in a maritime accident.
• Process:
  • A Show Cause Order will be issued as proof of custody.
  • Operators must appear before a MARINA Hearing Officer for investigation.

VI. Fines and Penalties

• Consequences for Violations: Any breach of the provisions outlined in this Circular is subject to fines and penalties in accordance with existing laws and regulations.

VII. Effectivity

• Implementation Date: The Circular shall take effect 15 days after publication in a newspaper of general circulation.

Key Takeaways

• This Circular outlines the procedural framework for obtaining and renewing the MBOL for motorboat operators of vessels with a GT of 3 and below.
• Compliance with submission requirements, renewal timelines, and operational regulations is crucial to maintain licensure.
• Violations can result in significant penalties and potential loss of license, emphasizing the importance of adherence to maritime laws and safety regulations.