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.