Title
Rules on deploying seafarers on PH ships
Law
Mia Memorandum Circular No. 131
Decision Date
Jul 15, 1998
MIA Memorandum Circular No. 131 establishes guidelines for shipping companies to ensure the deployment of competent Filipino seafarers on Philippine-registered ships in international waters, mandating compliance with the STCW Convention and outlining responsibilities for crew certification, familiarization, safe manning, and watchkeeping.

Coverage

  • Applicable to all shipping companies operating Philippine-registered seagoing ships engaged in international trade.

Definition of Terms

  • Administration: Maritime Industry Authority (MARINA).
  • Ship: Philippine-registered seagoing ships engaged in international trade.
  • Convention: 1978 STCW Convention as amended.
  • PMMRR: Philippine Merchant Marine Rules and Regulations, latest edition and amendments.
  • Safe Manning: Minimum number of officers and ratings onboard to safely operate the ship as prescribed in PMMRR.

General Provisions

  • Responsibility of shipping companies to deploy only competent, properly certificated seafarers.
  • Ensure crew members contribute knowledgeably to the safe operation of the ship.
  • Guarantee watchkeeping personnel maintain a safe watch at all times.
  • Ships must be fully manned by Filipino seafarers unless foreign seafarers are approved by the Administration.
  • Copies of national maritime regulations to be placed onboard.

Company Responsibilities

A. Crew Certification

  • Seafarers must hold appropriate and valid certificates as required by the Convention and Administration.

B. Crew Familiarization

  • Newly employed seafarers must have sufficient time to familiarize with shipboard equipment and procedures.
  • Provide necessary information and manuals in a language understandable to the crew.
  • Captain must ensure all crew understand their duties.
  • Ensure effective coordination during emergencies and safety-related functions.

C. Safe Manning

  • Ship's manning must comply with PMMRR minimum requirements.
  • Any reduction requires Administration approval.

D. Watchkeeping

  • Provide watchkeeping personnel at least 10 hours rest per 24-hour period, divided into no more than two periods (one at least 6 hours long).
  • The 10-hour rest may be reduced to 6 hours under strict conditions (drill, emergency, overriding unforeseen conditions), limited to 2 days, with at least 70 hours rest in any 7-day period.
  • Watch schedules must be posted conspicuously.
  • Comply with STCW Code Chapter VIII provisions on watchkeeping at sea and port.

E. Documentation

  • Maintain and keep accessible seafarers’ documentation on training, medical fitness, experience, and competency.

Penalty and Sanctions

  • Administrative fines imposed after hearing:
    • First violation: P 15,000
    • Second violation: P 25,000
    • Third and subsequent violations: P 50,000
  • If other regulations impose higher fines for the same violation, higher fine applies.

Repealing Clause

  • Any inconsistent MARINA rules or orders are hereby repealed or modified.

Effectivity

  • Circular to be published once in a newspaper of general circulation.
  • Effectivity begins 15 days after publication.

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