Policy on Pilotage
- Pilotage is essential for safe and efficient port operations.
- The Cebu Port Authority holds primary responsibility but authorizes accredited organizations and pilots.
Scope of Regulation
- Applies to all foreign and domestic vessels in the jurisdiction of Cebu Port Authority.
Control and Supervision
- The Authority, through its General Manager, exercises administrative control over pilots and organizations.
- Authority may suspend or prevent from piloting any incompetent pilot or organization after investigation.
Relationship with Authority
- Pilots and organizations are accredited but are not employees of the Authority.
- The Authority is not liable for acts or omissions of pilots or organizations.
Pilotage Rates
- Charges prescribed by the Authority.
- Principle of "no work, no pay" applies.
- Charging additional hazard fees is prohibited as risk is included in standard rates.
Special Pilotage Services
- Include shifting, ship-to-ship docking/undocking, dead ship docking/undocking, meeting vessels other than at pilot boarding station, untwisting anchor chains, channeling in/out.
- Some services may be free of charge under specific conditions.
Compulsory Pilotage
- Required for vessels 500 GRT and above engaged in coastwise or foreign trade entering harbor, anchoring, shifting, docking, or undocking.
- Masters may pilot own vessels if accredited.
Exemptions from Compulsory Pilotage
- Government vessels not in commercial trade.
- Foreign government vessels entitled to courtesy.
- Vessels calling at private ports with waiver.
Liability and Control
- Pilot organizations and individual pilots jointly liable for damage due to negligence.
- Vessel owners liable for damage caused by the master.
Pilotage Equipment and Facilities
- Organizations must provide serviceable equipment: pilot launches, communications, stations, transport, offices.
Availability of Pilots
- Pilots must be ready within one hour upon notice.
Pilotage Fees
- Fees payable to pilot organizations except in cases where pilot fails to respond.
- Fees paid even if service refused without justification.
- Standby pilots entitled to allowance beyond three hours delay.
Capitalization of Pilotsa Organizations
- Minimum paid-up capital of P2 million for corporations and proprietary/partnership firms.
Privilege Fee
- Ten percent of gross income from pilotage and special services.
- Same applies if vessel uses accredited ship captain or master as pilot.
Indemnity Bond
- P3 million bond required to cover liabilities arising from accidents involving property or personal injury.
- Vessel owners whose captains perform pilotage must also post bond.
Liability of Organizations and Pilots
- Civil, administrative, and criminal liabilities apply to individuals and organizations for acts during performance of duties.
Evaluation Committee
- Composed of General Manager, Cebu Port Commissioners, division managers, Harbor Master.
- Responsible for application processing, verification, evaluation, and recommendation for accreditation.
Qualification Requirements for Pilots
- Filipino citizen, not over 60 (with exceptions), sound mind and body, good moral character, licensed by MARINA or PCG.
- Documentation including certificates, licenses, service records, fitness certificates, and clearances required.
Accreditation Process
- Issued by Board Chairman upon committee recommendation and payment of fees.
Duties and Responsibilities of Pilots and Organizations
- Adhere to duty schedules and provide substitutes if pilot unavailable.
- Maintain readiness and serviceable equipment.
- Report alongside vessel within one hour unless conditions prevent service.
- Follow lawful orders and ensure safety and efficient operation.
- Identified pilot boats by color and flags.
- Recognize specific vessel signals for requesting pilots.
- Report illegal or unusual occurrences to Authority.
Handling Marine Accidents
- Vessel clearance withheld until liabilities are assessed or bond posted.
- Vessel owners liable for damages.
Disciplinary Procedures
- Investigation by Legal Affairs Committee upon complaint.
- General Manager may reprimand, suspend, revoke accreditation, or impose fines.
- Decisions subject to appeal to Board of Commissioners.
Penalties
- Administrative offenses detailed with fines ranging from P5,000 to P50,000.
- Offenses include failure to report, misconduct, unapproved berth changes, negligence causing damage, unauthorized piloting.
- Solidary liability applies to pilot and organization.
Visitorial Powers
- Authority may inspect all organizational records during office hours.
Powers of General Manager
- Empowered to take emergency measures and promulgate necessary regulations.
Appeals
- Decisions appealable to Board of Commissioners within 15 days, final decision vested in the Board.
Repeal and Separability Clauses
- Prior inconsistent rules repealed or amended.
- Invalid provisions shall not affect remaining valid provisions.
Effectivity
- Order effective 15 days after publication.
This summary encapsulates all key provisions, scope, definitions, procedures, penalties, and significant legal concepts under the rules governing pilotage services, pilots conduct, and pilotage operations within Cebu ports jurisdiction as prescribed by the Cebu Port Authority.