RULES TO GOVERN PASSENGER MANIFESTS ON BOARD PHILIPPINE REGISTERED PASSENGER SHIPS

National Administrative Register [ MARINA MEMORANDUM CIRCULAR NO. 180, October 07, 2002 ]



In order to further enhance
maritime safety for the protection of life, and in order to promote the
convenience of the riding public, and pursuant to Presidential Decree
(PD) No. 474, Executive Order (E.O.) 125/125-A, series of 1987, and
relevant rules and regulations, Memorandum Circulars or Orders, the
following rules are hereby adopted and prescribed:

I.          Objective

To provide guidelines governing
the counting and manifesting of all persons carried on board passenger
ships, to ensure that all persons on board are duly and properly
recorded in the Passenger Manifest.

II.          Coverage

Philippine-registered passenger ships, regardless of size, plying the domestic trade.

III.         Definition Of Terms

1.         Child — a person who is twelve (12) years old and below.

2.         Adult — a person who is above twelve (12) years old.

3.         Passenger — any person carried on board a ship except:

– the master and the members of
the crew or other persons employed or engaged in any capacity on board a
ship on the business of that ship;

– a
person on board and carried either because of the obligation laid upon
the Master to carry shipwrecked, distressed or other person by reason of
force majeure; and

– a child under one (1) year of age.

4.    Passenger Manifest
— the list of persons counted as passengers on board a passenger ship
for a particular voyage, using the prescribed format with the required
information.

IV.       General Provisions

1.         No passenger-carrying ship shall allow passengers on board in excess of the total number of passengers authorized for the ship.

2.         The
total number of persons on board shall not exceed the total number of
persons allowed for each ship, except as provided for in Regulation
I/7(I) of the PMMRR ’97, as amended, involving the rescue of persons
from other ships.

3.         All passengers on board the ship shall be manifested using the herein attached format of Passenger Manifest.

a)      In the case of children under one (1) year old, although not considered as passenger, as well as children under
three (3) years of age who are allowed on board without charge, their
names shall be attached to the name of the accompanying adult passenger
listed in the Passenger Manifest.

b)      Other children granted discounted fare shall be manifested as passengers, but shall be listed as children.  In
cases of two (2) children in the same family/group granted discounted
fares but sharing only one accommodation, their names will both be
listed together as one entry in the Passenger Manifest and indicated as
children.

4.    Persons
availing of discounted fares and complimentary passes (i.e., drivers,
helpers, shippers, etc.) shall be counted as passengers and listed in
the Passenger Manifest, subject to the terms attached to the grant of
the discount/pass.

5.    All persons listed in the Passenger Manifest, excluding those listed as companions of passengers, shall be entitled to the accomodations
and amenities due to a paying passenger, and their total number should
not exceed the total authorized passenger capacity with accommodations.

6.         Entries in the Passenger Manifest should be legible, and whenever possible, computer-generated.

7.         For purposes of headcounting
of passengers in passenger-carrying ships with lying accommodations,
wherein children are included despite being accorded free or discounted
fares subject to their sharing lying accommodations together, or with
accompanying adult passengers, the Certificate of Inspection issued to
such ships shall henceforth reflect the Total Authorized Passenger
Capacity in two categories: (a) With accommodations — to
correspond to the total number of authorized passengers reckoned from
the number of accommodations available for such ship, per approved
Accommodation Plan; and (b) With shared/without lying accommodation
— to correspond to 10% of the total number of authorized passengers
entitled to lying accommodations, which will include children under one
(1) year old, children under three (3) years of age without charge, and
other children granted discounted fare which will share the same
accommodation  with passengers with accommodation.  This
will not however, apply to ferry vessels, High Speed Crafts and other
similar ships where sitting accommodations are provided to passengers.

8.         An Administration-approved lifejackets shall be provided for every person on board the ship.  In
addition, a number of lifejackets suitable for children equal to at
least 10% of the total number of authorized passengers with
accommodation on board shall be provided, subject however, to the
condition that additional lifejackets shall be required in case the
number of children exceeds 10% of the total number of authorized
passengers on board the ship.

9.         Passenger
ships shall adhere strictly to the pertinent provisions of Chapter IX
of the PMMRR ’97, as amended, concerning Life-Saving Appliances.

VI.       SANCTIONS

Violations

1st Violation

2nd Violation

3rd Violation

 

 

 

 

Insufficient number of life- jackets and life-saving appliances required to be on board a ship

P1,000.00/piece + non-operation of vessel/non extension of CPC/PA/SP until compliance

P2,000.00/piece + non- operation of vessel/non extension of CPC/PA/SP until compliance

P4,000.00/piece + revocation/cancellation of CPC/PA/SP

 

 

 

 

Carriage of passengers and/ or persons exceeding the authorized total number of passengers or persons.

 

 

 

 

 

 

 

Absence of Passenger Manifest for a particular voyage of a ship.

 

 

 

 

 

 

 

Master/Boat Captain

 

 

 

Ship 35 GT & below

P10,000.00

Suspension of SIRB and/ or QDC, or other related document, until payment of penalty.

Revocation of SIRB and/or QDC, or other related document.

 

 

 

 

Ship above 35 GT

P25,000.00

Suspension of SIRB and/or QDC, or other related document, until payment of penalty.

Revocation of SIRB and/or QDC, or other related document.

 

 

 

 

Shipowner/Operator

200% of the passage rate for the entire voyage  x total excess passengers

Suspension of ship’s CPC/ CPC/PA/SP

Revocation of ship’s CPC/PA/SP

 

 

 

 

Failure to reflect all passengers in the Passenger Manifest for a particular voyage.

 

 

 

 

 

 

 

Deviations in passenger manifesting based on the herein guidelines.

 

 

 

 

 

 

 

Master/Boat Captain

P2,000.00

P 4,000.00 + suspension of SIRB and/or QDC, or other related document, until payment of penalty.

Revocation of SIRB and/or QDC, or other related document.

 

 

 

 

Shipowner/Operator

P5,000.00

P 10,000.00 + suspension of CPC/PA/SP until payment of penalty.

Revocation of CPC/ PA/SP

VII.       REPEALING CLAUSE

All Memorandum Circulars, rules and regulations, issuances inconsistent herewith are hereby amended or repealed accordingly.

VIII.      EFFECTIVITY

This Memorandum Circular shall take effect fifteen (15) days upon publication once in a newspaper of general circulation.

Adopted: 07 October 2002

BY THE AUTHORITY OF THE BOARD:

(SGD.) ATTY. OSCAR M. SEVILLA
Administrator