Marina Memorandum Circular No. 109 (1995)

(NAR) VOL. 6 NO. 3 / JULY - SEPTEMBER 1995

[ MARINA MEMORANDUM CIRCULAR NO. 109, July 13, 1995 ]

SCHEDULE OF PENALTIES AND/OR ADMINISTRATIVE FINES RELATIVE TO VESSEL REGISTRATION/LICENSING/ DOCUMENTATION AND VESSEL SAFETY REGULATION

Pursuant to the provisions of Executive Order No. 125, as amended, the administrative fines and penalties for violation of the rules and regulations appertaining vessel registration and safety regulations shall be, as follows:

A. Violation of Guidelines on Vessel Registration, Licensing and Documentation 1. Operation/navigation of a vessel without Certificate of Vessel Registry 1.13 ) For P200 GRT vessels and below 1.2Over ) engaged 400 3 in the GRT to 15 GRT ) carriage of goods ) and/or passenger ) for hire 1.3Over 15 GRT to 600 35 GRT 1.4Over 35 GRT to 100 GRT 1.5Over 100GRT to 960 250 GRT 1.6Over 250 GRT to 1,410 500GRT 1.7Over 500GRT 1,910 2. For yachts, launches and other crafts being used/ employed exclusively for pleasure and recreation without Pleasure Yacht Registration 2.1 Powered(i) 15 GRT P and 3,000.00 below (ii) Over 15 4,000 GRT to 50 GRT (iii) Over 50 5,000 GRT to 100 GRT (iv) Over 6,000 100GRT 2.2 Without Powers (i) 15 GRT and P below 100 (ii) Over 15 GRT 200 to 50 GRT (iii) Over 50 GRT 300 to 100 GRT (iv) Over 100 400 GRT 3. Operation/navigation of a vessel without Certificate of Number 3.11 GRT norP100 less 3.2Over 1GRT 200 to 3 GRT 3.3Over 3 GRT 300 to 5 GRT 3.4Over 5 GRT 400 to 10 GRT 3.5Over 10 GRT 500 to 15 GRT 4. Operation/navigation of a vessel without Certificate of Ownership 4.1Over 5 P500 GRT to 50 GRT P 500 4.2Over 50 700 GRT to 100 GRT 4.3Over 100 960 GRT to 250 GRT 4.4Over 250 1,410 GRT to 500 GRT 4.5Over 500 1,910 GRT 1,9104.6Over 1,000 2,400 GRT to 5,000 GRT 4.7Over 5,000 10,000 GRT to 10,000 GRT 4.8Over 16,000 10,000 GRT 5. For vessels engaging in coastwise trade/protected/partly protected waters with expired/without valid/without Coastwise License/Bay and River License 1st 2nd 3rd & Offense Offense Succeeding Offense 5.1Power-P12/NRT P24/NRT P48/NRT driven 5.2Non- 8/NRT 16/NRT 32/NRT power driven 6. For yachts, launches and other crafts being used/ employed exclusively for pleasure and recreation with expired/without valid/without Pleasure Yacht License 1st Offense P .................................200 2nd Offense 400 ................................ 3rd and Succeeding 800 Offense .........

7. Failure to delete vessels registered under the Philippine flag under the circumstances stated in existing/ pertinent circular(s) 7.1 Domestic P500 ........................ 7.2 Overseas 1,000 .......................

8. Non-compliance with the required registration of Engine and Deck Logbook/Roll Book and other Books — P500 per book 9. Non-compliance with the required registration of Grain Loading Booklet/Stability Booklet - P500 per booklet 10. Failure to keep/maintain Record of Changes for registered vessels 10.1 Change of P500 Place of Registry10.2 Change of Homeport of 500 Vessel 10.3 Change of 500 Name of Vessel 10.4 Change of 500 Name of Owner 10.5 Change of 500 Trading Status 10.6 Change of 500 Rig Type 10.7 Change of 500 Service Type 10.8 Change of 500 Engine 11. Failure to keep/maintain Record of Changes for vessels issued Certificate of Number 11.1 Change of P Homeport Vessel 100 11.2 Change of 100 Name of Vessel 11.3 Change of 100 Name of Owner 11.4 Change of 100 Trading Status 11.5 Change of 100 Rig Types 11.6 Change of 100 Service Type 11.7 Change of 100 Engine B. Violation of Guidelines on Vessel Safety Regulation 1. Operation/navigation of a vessel above 3 GRT with expired/without valid/without Certificate of Inspection/Interim Certificate of Inspection 1st Offense P ................................. 500 2nd Offense 1,000 ................................ 3rd and Succeeding 1,500 Offense .........

2. Operation/navigation of a vessel 3 GRT and below utilized to carry passengers/passengers and cargoes for hire with expired/without valid/without Special Certificate of Inspection 1st Offense P .................................2002nd Offense 400 ................................ 3rd and Succeeding 800 Offense .........

3. Operation/navigation of cargo and fishing vessel 3 GRT and below with expired/without Permit to Operate 1st Offense P .................................200 2nd Offense 400 ................................ 3rd and Succeeding 800 Offense .........

4. Operation/navigation of a vessel without the necessary Special Permit to Navigate —P 300 5. Operation/navigation of a vessel with expired/without valid/without Special Permit to Carry/Load Inflammable/ Dangerous/Hazardous Cargoes 1st Offense P .................................200 2nd Offense 400 ................................ 3rd and Succeeding 800 Offense .........

6. Operation/navigation of a Philippine-registered overseas vessel with expired/without valid/without the necessary Manning Certificate/Solas and other Safety Certificates 1st Offense P .................................500/certificate 2nd Offense 1,000/ " ................................ 3rd and Succeeding 2,000/ " Offense .........

7. Operation/navigation of a Philippine-registered domestic vessel engaging in overseas trade with expired/ without valid/without the necessary Exemption Certificate 1st Offense P ................................. 500 2nd Offense 1,000 ................................ 3rd and Succeeding 2,000 Offense .........

8. Operating with expired/without valid/without the following permits/licenses:1st 2nd 3rd Offense Offense Offense 8.1Special Permit for Unlicensed Officer P 200 P 400 P 800 8.2Dispension Permit Domestic P400 800 1,600 Overseas 1,000 2,000 4,000 8.3Motorboat Operator's License P 200 P 400 P 800 9. For failure to secure MARINA approval of vessel plans prior to (he vessel's construction, conversion, alteration or rehabilitation to ensure compliance with safety rules and regulations or for purposes of vessel registration 9.1 With NAMARE requirement Over 5 GRT to 50 P GRT P 50/section 50/section Over 50 GRT to 75/ " 100 GRT Over 100 GRT to 75/ " 250 GRT Over 250 GRT to 75/ " 500GRT Over 500 GRT to 75/ " 1,000 GRT Over 1,000 GRT 75/ " to 5,000 GRT Over 5,000 GRT 75/ " to 10,000 GR Over 10,000 75/ " GRT 300/ 10. For operating as a marine surveying company/entity without the necessary MARINA accreditation certificate pursuant to existing/pertinent circular—P 10,000C. Violation of Terms/Conditions/Requirements Stipulated Under the Certificates/Licenses/Circulars issued Relative to Vessel Registration A licensing Documentation and Vessel Safety Regulation —200% of the prescribed fees/charges per certificate/license concerned D. For any false statement or misrepresentation in the filing of application relative to vessel registration/licensing/ documentation and vessel safety regulation—P 10,000 E. For presenting/using/possessing spurious/fake vessel certificates/licenses/documents without prejudice to the imposition of other penalties under this Circular—P 10,000 F. Due Process and Hearing 1. For violations of this Circular, a show cause order shall be issued by the MARINA directing the offender to explain in writing why no punitive action shall be taken against him/her/it or no administrative penalty or fine shall be imposed. A cease and desist order may likewise be issued whenever the interest of the public so demands.

2. In case an act or omission constitutes one or more violations, the offender shall be charged with the most serious offense or that with the highest/maximum imposable penalty.

3. Notice and hearing shall be in accordance with the provisions of MARINA Memorandum Circular No. 74, s. 1993. The provisions of the Rules of Court and the Administrative Code of 1987 (Executive Order No. 292, s. 1987) shall be suppletory thereto.

4. Repeated violations committed by a vessel/maritime enterprise shall, in addition to the aforegoing administrative fines and penalties, be subject to the suspension or cancellation of the certificate/license/ authority to operate, as the case may be.

5. For purposes of determining the number and repetitions of violations, it shall mean that a case shall have been decided finding a vessel or maritime enterprise liable of the charge.

G. Repealing Clause The provision of existing circulars, rules and regulations which are inconsistent with this Circular are hereby amended accordingly.

H. Effectivity This Circular shall take effect fifteen (15) days after its publication once in a newspaper of general circulation. Adopted: 13 July 1995

(SGD.) PACIENCIO M. BALBON, JR. AdministratorSource: Supreme Court E-Library