Policy objective and coverage area
- The order exists to protect government port facilities.
- The order ensures safe maneuvering of vessels at the Baseport of Davao and at all ports within the jurisdiction of PMO Davao, through the use of tugs.
- The order covers all foreign and domestic vessels with 500 gross registered tonnage (GRT) and above.
- The tug-assistance rules apply when covered vessels dock/undock at the Baseport of Davao.
- The tug-assistance framework also applies to all ports within the jurisdiction of PMO Davao subject to the conditions tied to Section 12 (c) of PPA Administrative Order No. 03-85.
Compulsory tug assistance rule
- No vessel of 500 GRT and above is allowed to dock/undock at the Baseport of Davao without the tug assistance specified in the tug requirements.
- Compulsory tug assistance for ports within PMO Davao’s jurisdiction uses the same tugboat horsepower requirements when the conditions under Section 12 (c) of PPA Administrative Order No. 03-85 necessitate compulsory tug assistance.
- Tug assistance is implemented through PPA authorization of tug providers and through operator permit requirements within harbor limits.
Tug assistance service responsibility
- The Authority must provide tug assistance service by authorizing shipping companies or private entities to provide such service.
- Authorization to provide tug assistance is on a non-exclusive basis.
Permit to operate tug assistance
- No tugboat operator may provide tug assistance within harbor limits unless holding an annual permit duly issued by the Authority.
- Permit issuance is subject to the terms and conditions the Authority deems proper.
- The annual permit operates in addition to requirements of other agencies.
- Tugboat operators must provide the equipment needed to render efficient service.
Annual permit exemptions and limitations
- Tugboats towing/barges/lighters are exempt from the annual permit when utilized solely for their own barges/lighters.
- When towing other vessels for purposes of the regulation, the annual permit is required.
- Non-propelled vessels such as barges/lighters are likewise exempt from the tug-assistance requirement.
- Non-propelled vessels (barges/lighters) are still required to maintain their own tugboats while at berth in accordance with PPA Memorandum Circular No. 22-86.
Tug requirements by vessel size and propulsion
- Tug assistance requirements are determined based on the vessel’s gross registered tons (GRT) and the tug’s horsepower (HP).
- For vessels of 500–3,000 GRT, the required tug arrangement is 1 tug with 1,000 HP.
- For vessels of 3,001–7,000 GRT, the required tug arrangement is 2 tugs with 2 × 1,000 HP.
- For vessels of 7,001–12,000 GRT, the required tug arrangement is 2 tugs with 1 × 1,000 HP TUG and 1 × 2,400 HP TUG.
- For vessels of 12,001–20,000 GRT, the required tug arrangement is 2 tugs with 2 × 2,400 HP TUG.
- Vessels with both functional bow and stem thrusters of sufficient capacity are exempt from the tug requirements unless the Master of the vessel opts to avail of tug services.
- Vessels with functional bow thrusters only must have fifty (50) percent of the above tug horsepower requirements.
- The order requires that vessel compliance is tied to the listed GRT/HP scheme, with the stated exceptions and thruster-based adjustments.
Rates and fees for tug services
- The Authority must prescribe fees and rates for tug assistance.
- Fee prescription must be done in consultation with port users concerned and consistent with existing applicable laws.
- If there are no applicable fees, the rates chargeable must be those mutually agreed upon by the shipping company and the tugboat operator.
- If both parties fail to agree on rates, the Authority determines the rates.
Liability for damages to port facilities
- Any damage caused to port facilities by vessels under tug assistance service is the liability of the parties declared at fault.
- Fault is determined under existing applicable laws.
Separability, repealing, and effectivity
- If any section or part of the order is declared unconstitutional or invalid, the invalidated portion does not affect other sections or parts not affected by such declaration.
- All PPA orders inconsistent with this order are repealed or amended accordingly.
- Effectivity is fifteen (15) days after publication in any newspaper of general circulation.