Title
Lifejacket Use on Passenger Vessels Policy
Law
Mia Memorandum Circular No. 123
Decision Date
Aug 26, 1997
All passenger vessels with open-deck accommodations are mandated to require passengers to wear lifejackets during boarding and prior to departure, with strict penalties for non-compliance enforced by the vessel's master.
A

Legal basis and policy purpose

  • The circular is issued in line with national policy to enhance safety.
  • It is issued pursuant to P D. 474.
  • It is issued pursuant to E.O. 125/125-A.
  • The circular mandates lifejacket use to protect passengers of certain vessels during boarding, before departure, and throughout the voyage.

Coverage: vessels and persons required

  • All passenger vessels with open-deck accommodation must implement the lifejacket requirement.
  • Passenger vessels directly exposed to the weather fall within the circular’s coverage.
  • Ship owners/operators, and/or their officials or agents, must require compliance with the lifejacket requirement.
  • Every passenger on board covered passenger vessels must wear a lifejacket.
  • Compliance applies to the passenger during boarding and/or prior to departure at the port/s of origin, and at all times during the voyage.

Mandatory lifejacket use rules

  • Ship owners/operators and their responsible persons must require every passenger to wear lifejackets during boarding and/or prior to departure.
  • The boarding and/or pre-departure wearing requirement applies at the port/s of origin.
  • The circular requires passengers to wear lifejackets at all times during the voyage.
  • A crew member must be assigned to demonstrate the use of lifejackets within the first five (5) minutes after departure.
  • A crew member must also inform passengers of the do’s and dont’s during emergency situations and other precautionary measures.

Master’s duty to enforce

  • The Master of the vessel must ensure strict adherence to the circular at all times.
  • The Master’s duty is continuous and directed toward ensuring full compliance aboard the vessel.

Administrative fines and penalties

  • Any violation of the circular is subject to administrative fines, and/or penalties.
  • Administrative fines and penalties are imposed after due notice and hearing.
  • The administrative process does not prevent the institution of criminal and/or civil action in regular courts against the responsible corporate officers, the company, and/or responsible officer/s.

Sanctions: shipowner/operator and master/crew—by violation level

  • First Violation
    • For shipowner/operator: P200.00 for every passenger found to be without lifejacket plus warning.
    • For master/crew: Suspension of Seafarers Identification and Record Book (SIRB) issued by MARINA.
  • Second Violation
    • For shipowner/operator: P500.00 for every passenger found to be without lifejacket and/or suspension of certificate of Public Convenience/Provisional Authority/Special Permit.
    • For master/crew: Suspension of SIRB issued by MARINA and/or recommendation for suspension of License issued by the Professional Commission (PRC).
  • Third Violation
    • For shipowner/operator: P1,000.00 for every passenger found to be without lifejacket and/or cancellation of certificate of Public Authority Provisional Authority/Special Permit.
    • For master/crew: Cancellation of SIRB issued by MARINA and/or recommendation for cancellation of License issued by PRC.

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