Marina Flag State Administration Advisory No. 28 Special Authority to Operate Passenger and/or Cargo Liner Ships During Holiday Season
[ MARINA FLAG STATE ADMINISTRATION ADVISORY NO. 28, October 21, 2002 ]
SPECIAL AUTHORITY TO OPERATE PASSENGER AND/OR CARGO LINER SHIPS DURING HOLIDAY SEASON
Pursuant to the Public Service Act (Commonwealth Act No. 146, as amended), Presidential Decree No. 474, Executive Order 125/125-A, Memorandum Circulars Nos. 121 and 161, and to ensure safe, convenient, and uninterrupted public service during the Holiday Season, the following guidelines are hereby promulgated:
I. COVERAGE
This Flag State Administration Advisory shall cover all Philippine-registered domestic liner ships carrying passengers and/or cargoes.
II. DEFINITION
Holiday Season— refers to the following Regular Holidays and such nationwide Special Days as may be declared pursuant to Book 1, Chapter 7 of the Revised Administrative Code of 1987 unless modified by law, order or proclamation, to wit:
A. Regular Holidays
1. New year’s Day | — | January 01 |
2. Maundy Thursday | — | Movable dates (within the months of March or April) |
3. Good Friday | — | Movable dates (within the months of March or April) |
4. Labor Day | — | May 1 |
5. Independence Day | — | June 12 |
6. National Heroes Day | — | Last Sunday of August |
7.BonifacioDay | — | November 30 |
8. Christmas Day | — | December 25 |
9. Rizal Day | — | December 30 |
B. Nationwide Special Days
1. All Saints Day | — | November 1 |
2. Last Day of the Year | — | December 31 |
III. INSTANCES COVERED
Special authority to operate during Holiday Season covered by this Advisory includes changes/adjustments/amendments of schedule or route/automatic substitution, under any of the following circumstances:
a. fortuitous event;
b. emergency/calamity situations;
c. drydocking/repair/engine breakdown/trouble;
d. increase in frequency of trips in authorized route/s due to influx of passengers;
e. for cargo-carrying ships only; side trips/special trips to carry shut-out cargoes, empty containers or overbooked cargoes;
f. departure of ships as soon as they are filled to their authorized capacity regardless of the scheduled departure; and,
g. other analogous circumstances as may be determined by MARINA.
IV. CONDITIONS/LIMITATIONS OF OPERATION
The implementation of the above changes/adjustments/amendments in ship/s schedule or routes shall be allowed subject to the following conditions:
1. Such change/amendment/adjustment shall be subject to confirmation by the MARINA and maybe modified/cancelled or revoked at anytime for valid cause;
2. That all the ship documents as required under Memorandum Circular Nos. 121 and 161 are and shall remain valid when such change/amendment/adjustment iseffected;
3. That all passenger-carrying ships shall carry validindorsement/rider from the insurance company regarding such change/amendment/adjustment;
4. That there shall be no conflict with the schedule of trips of the other authorized operators in the affected route/s and that no authorized route/s shall be leftunserviced;
5. That an accompanying Marine Protest shall be submitted to the MARINA in case such change/amendment/adjustment is caused by a marine incident/accident; and,
6. That the concernedshipowner/ship operator shall submit, within the next twenty-four (24) hours of the next working day, together with the required documents mentioned in item III above, an application for confirmation of a special authority to operate a passenger and/or a cargo ship undertaken during the Holiday Season and shall pay expedite filing fees in the amount, as follows:
a. Steel-hulled ship P3,000.00/ship
b. Wooden-hulled vessels
i. 35 GT and above — P1,600.00/ship
ii. below35 GT — P800.00/ship
For strict compliance.
Adopted: 21 Oct. 2002
(SGD.)ATTY. OSCAR M. SEVILLA
Administrator