Title
Control of Overcrowding and Ticket Scalping
Law
Memorandum Circular No. 48
Decision Date
Apr 10, 1999
To ensure safe and comfortable sea travel, the government implements strict guidelines to prevent overcrowding and scalping of tickets on interisland vessels, including penalties for violations and mandatory passenger manifests.
A

Policy purpose: safe travel and anti-scalping

  • The circular is issued to ensure the riding public safe and comfortable sea travel.
  • The circular is issued to avoid over-crowding/overloading in interisland passenger vessels.
  • The circular is issued to control/eliminate scalping of tickets in interisland passenger vessels.

Coverage: interisland passenger vessels

  • The guidelines apply to interisland passenger vessels.
  • The rules govern passenger embarkation practices at the quay/pier during boarding.
  • The rules govern onboard conduct and enforcement involving passengers, shipping company employees, and vessel complement.

Ticketing and boarding restrictions

  • Only persons with tickets are allowed to board the vessel.
  • Any person found without tickets is assessed one hundred percent (100%) additional fare as a penalty.

Prohibition on on-board ticket issuance

  • Shipping company employees are prohibited from issuing tickets on board except for the purpose of issuing tickets with the corresponding penalty.
  • Violation of the prohibition is punishable by a fine not exceeding PHP 5,000.00.
  • The fine rules apply for the purpose of issuing tickets with the corresponding penalty therefor, with PHP 5,000.00 as the maximum for the first offense.
  • Succeeding offenses are dealt with more severely.

Manifest requirement before departure

  • Manifests or passenger lists must be prepared and must be made available before the vessel leaves port.

Berthing distance during embarkation

  • Vessels must be berthed about 1 to 1.5 meters away from the quay/pier during embarkation.
  • The circular also permits a distance “as practicability would dictate” where circumstances require variation from 1 to 1.5 meters.

Capacity limits and departure prohibition

  • No vessel may leave port while carrying more than or in excess of its authorized passenger capacity.
  • Any violation is meted out a penalty of PHP 10,000.00 for the first offense.
  • Subsequent offenses are dealt with more severely.

Passenger head count responsibilities

  • The responsibility for conducting a head count of passengers lies with the shipowners/ship officers.
  • This head-count responsibility is in line with PCGG Memorandum Circular No. 04-88.

Inspections and prevention of hiding

  • The cabins of all ship’s officers and crew may be subjected to inspection to prevent passengers from hiding in those spaces.

Monitoring support and identification during checks

  • Members of the MARINA and/or PCG Task Force must be accompanied by at least one member of the vessel’s complement during monitoring/checking of passenger numbers.
  • Officers and crew members must always wear uniforms or identification paraphernalia during monitoring/checking to distinguish them from passengers.

Penalties and enforcement consequences

  • Persons without tickets are assessed 100% additional fare as the penalty.
  • On-board ticket issuance by shipping employees is punishable by a fine not exceeding PHP 5,000.00, with PHP 5,000.00 for the first offense, and more severe treatment for succeeding offenses.
  • Exceeding authorized passenger capacity triggers a penalty of PHP 10,000.00 for the first offense, with more severe treatment for succeeding offenses.

Referenced implementing linkage

  • Passenger head-count duties are tied to compliance with PCGG Memorandum Circular No. 04-88.

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