MIA Memorandum Circular No. 150 (1999)
(NAR) VOL. 10 NO. 3 / JULY - SEPTEMBER 1999
[ MIA MEMORANDUM CIRCULAR NO. 150, August 10, 1999 ]
INTRODUCTION OF A SECOND CLASS, NON- AIRCONDITIONED PASSENGER ACCOMMODATION AND PRESCRIBING MINIMUM SERVICE STANDARDS
The Maritime Industry Board in its Special Meeting held on 10 August 1999, approved the following: I Coverage All owners/operators of passenger-carrying liner vessels authorized to operate in the domestic trade and accredited by the Department of Tourism (DOT), except motorized boats 20GT and below.
II
Rationale The introduction of an additional type of passenger accommodation is deemed appropriate and realistic, designed to give due cognizance to the varied preferences of passengers thereby providing them with more alternatives from which to choose from, while at the same time enabling the shipowners/operators to maximize their opportunities for competition under a liberalized environment, through an additional window being provided to shipowners/operators from which to avail of deregulated rates.
III
Second Class, Non-Airconditioned Passenger Accommodation There is hereby adopted an additional type of passenger accommodation for DOT-accredited passenger-carrying vessels in the domestic trade, to be henceforth referred to as SECOND CLASS, NON-AIRCONDITIONED.
IV
Minimum Service Standards The herein adopted Second Class, Non-Airconditioned passenger accommodation shall have the following minimum service standards: Areas of Concern Category 1 (LYING) Category 2 (SEATING) 2.1 Type of Accommodation Dormitory or Open Space withFiberglass seats partitioning wall enclosures2.1.1 Deck Sheating Vinyl or similar materials Non-skid materials 1.1.2 Minimum requirements for berth/seating dimension/ arrangement *Size of berth/seat 1.83 m. x 0.61 m. 0.46 m (width) x 0.30 m (depth) x 0.40 m (height) x *Berth/Seat arrangement Single or two-tier Shall not exceed 6 seats in a row *Passageway 0.61 m width 0.38 m. between rows and 0.91 m. passage ways at aisle 2.2 Number of Passengers Determined by the no. of Determined by the no. of properly constructed fixed permanently fixed seats single or two-tier berths 2.3 Toilet and Bath 2.3.1 Number One (1) T & B per 50 Toilet only (separate for men passengers (separate for men & women) and women) 2.3.2 Location Same deck level of Same deck level of accommodation to be served accommodation 2.4 Supplies 2.4.1 Furniture/Fixtures: *Ash/waste bin To be provided To be provided * PA System To be provided To be provided * Electric Fan To be provided To be provided * Baggage Rack To be provided To be provided * Toilet Soap & To be provided To be provided Tissue Paper in T & B 2.4.2 Bedding/Curtains *Curtains for Porthole To be provided * Beddings & Linen To be provided 2.5 Ventilation Open Air or forced draught Open Air or forced draught ventilation for enclosed spacesventilation for enclosed spaces V Guidelines for Implementation 1. Owners/Operators of covered passenger/carrying liner vessels intending toprovide herein adopted SECOND CLASS, NON-AIRCONDITIONED passenger accommodations shall first have such accommodations in their concerned vessels inspected by MARINA surveyors and obtain the corresponding Certificate of Compliance thereof, prior to offering such accommodations to the public. It is understood however, that the vessel availing of this Circular shall still comply with the provisions of Batas Pambansa No. 344 on the needed accommodations, facilities and amenities for disabled persons.
2. A notice to the public by posting in conspicuous places in publicly-owned ports shall be made by the concerned owners/operators at least two (2) weeks prior to implementation of such type of accommodation, providing therein the various types of accommodation to be made available in a particular vessel, the number of passenger allocations for each type of accommodation and the corresponding passenger rates to be charged for each, subject to the provisions of M.C. No. 37 and M.C. No. 76 granting discounts to students and senior citizens.
3. The adoption of the herein provided SECOND CLASS, NON- AIRCONDITIONED passenger accommodation by owners/operators of passenger-carrying vessels shall be limited only to the existing THIRD CLASS accommodation of the particular vessel concerned.
VI
Amendment/Modification of Existing Circulars MARINA M.C. Nos. 65/65-A are hereby amended accordingly, and all other MARINA Circulars having reference to M.C. No. 65/65-A are likewise modified accordingly to take cognizance of the herein adopted additional type of passenger accommodation.
VII
Sanctions and Penalties Violation(s) of any of the provisions provided herein, shall after due notice and hearing, be subject to the following administrative fines and penalties:
1. FIRST OFFENSE — P25,000 without prejudice to the withholding/cancellation of the grant of authority to adopt the herein additional type of passenger accommodation.
2. SECOND OFFENSE — P50,000 without prejudice to the withholding/cancellation of the grant of authority to adopt the herein additional type of passenger accommodation plus the suspension of franchise (CPC, PA, SP) for a maximum period of three (3) months.
3. THIRD AND SUBSEQUENT OFFENSES — P100,000, without prejudice to the withholding/cancellation of the grant of authority to adopt the herein additional type of passenger accommodation plus the revocation of franchise (CPC, PA, SP).
VIII
EffectivityThis Memorandum Circular shall take effect fifteen (15) days after its publication once in the Official Gazette or newspaper of general circulation. Adopted: 10 Aug. 1999
(SGD.) AGUSTIN R. BENGZON Administrator