A group of shipping operators in the Bicol region has asked the Maritime Industry Authority (Marina) to consider revoking a provision in one of its advisories that granted non-compliant Landing Craft Tank-type RoRo cargo vessels 18 months to comply with the safety policies for passenger ship operation.

For the Bicol Roro Shipping Association, Inc. (Bicol Roro), the provision under the Marina Advisory 2025-01 is unfair since a number of shipping companies are shelling out huge sums of money for retrofitting and modifications before they would operate their vessels—just to meet the standards and requirements set by the Marina for passenger safety.

In the case of the non-compliant LCT barges, Bicol Roro legal counsel Lyndon Ancajas, Jr. pointed out that the opposite appeared to have happened since LCT-type Roro cargo vessels were allowed to operate and earn revenue before complying with maritime safety standards under the provision. 

“This provision fundamentally undermines maritime safety and passenger convenience, violates the principles of fair play and competition, goes against the constitutionally guaranteed equal protection, and erodes the authority of Marina and PCG (Philippine Coast Guard) to enforce maritime laws,” the letter read.

The provision

In February this year, Marina issued Advisory 2025-01 which suspended the acquisition of new LCT-type Roro cargo ships operating locally.

The same Advisory, however, allowed the existing LCT-type Roro cargo vessels to carry passengers, both paying and non-paying, provided that they comply with standards, rules and regulations for passenger safety.

Among the conditions set are: that existing ship must be classed and class-maintained by Marina accredited classification society (MACS) as passenger ship; that there must be no increase or additional capacity on the current authorized number of passengers after the effectivity of the Advisory; and, that all officers and crew must comply with training requirements.

The Bicol Roro, however, said there was a provision in the same advisory which states that, “The preceding provision on safety policies, standards, and requirements shall be complied during the renewal/endorsement of the safety certificate not later than eighteen (18) months upon the effectivity of the Advisory.”

In the letter to Marina, Ancajas said the provision appeared to have relaxed and extended the compliance period of the LCT-Type Roro cargo vessels although they carry passengers.

This, he said, goes against the existing policy on passenger safety.

Weaponized

Ancajas said non-compliant LCT-type Roro cargo vessels interpreted the provision to mean that they can still operate because they still have until August next year to comply.

“The advisory has been weaponized by non-compliant LCT vessels to shield itself from the rigid application of MC 2018-18 apropos mandatory minimum service standards for inter-island vessels by invoking the 18-month transitory period to comply as if it were some magical incantation,” Ancajas said in the letter.

As a result, legitimate Roro vessel operators reportedly started losing passengers and income.

Aside from depriving legitimate and compliant Roro operators with paying passengers, non-compliant LCT-type Roro barges may also endanger the lives of the people they would allow to board due to the possibility of inadequate life-saving equipment.

Ancajas pointed out that the provision also undermined fair competition since it confers an unwarranted competitive advantage to operators who have not invested in and worked towards complying with Marina standards for passenger safety.

“By extending the compliance period for LCT RoRo cargo vessels, the advisory allows them to continue operating without incurring the immediate costs of upgrades and/or compliance that obedient operators have already borne,” Ancajas said.

The Bicol Roro earlier filed a complaint before the Marina regarding reports of undervaluing LCT Roro barges’ tonnage and engine power to escape the strict provisions of maritime safety.

Appeal

The Bicol Roro then urged Marina to revisit the provision of MA 2025-01 and consequently revise and recall it by aligning it with MC 2018-18 and other related regulations.

“Our end view is for all vessels to comply immediately with MC 2018-18 and other applicable regulations without any distinction as to whether you are a Conventional Roro or LCT type cargo vessel,” the group said in the letter.

“If certain LCT-type vessels cannot meet these safety and accommodation standards, they should not be permitted to carry passengers on voyages over four hours – consistent with the intention of the circular.”

“While we understand the laudable intention behind the assailed provision, granting such extended period of time to subject LCT vessels amounts to a blanket condonation to non- conforming vessels. It inadvertently sanctions non-compliance with Marina rules and regulations and discourages those of us who have invested significantly just to meet our legal obligation under relevant Marina rules,” the group said in the letter.