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A bill that will regulate and modernize harbor pilotage in the Philippines has been refiled by MARINO Partylist
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Under House Bill No. 738, pilotage will remain compulsory for foreign and domestic shipping, but will allow certain exceptions for the latter
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The measure aims to strengthen the Philippine Ports Authority’s role in regulating pilotage, define requirements for appointment as a harbor pilot, and specify when a ship must procure pilotage services
MARINO Partylist has refiled a bill that aims to regulate and modernize harbor pilotage in the Philippines.
House Bill No. 738, authored by MARINO Partylist representative Sandro Gonzalez, will continue to make pilotage compulsory for foreign shipping but will allow exceptions for domestic ships.
HB 738 is similar to HB 5457, also filed by Gonzalez in 2019 during the previous (18th) Congress, which, like three similar bills submitted during that congressional period, got stuck at the committee level.
During the 17th Congress, the Maritime Industry Authority and Philippine Ports Authority (PPA), as well as several industry organizations, supported bills to regulate and liberalize pilotage in the country. Shipping organizations, in particular, supported optional pilotage for domestic vessels to lower costs.
Nothing came of these bills.
READ: Proposed legislation aim to modernize old harbor pilotage rules
In HB 738’s explanatory note, Gonzalez described pilotage as an “essential service” and regulated on the basis of Presidential Decree No. 857, which granted PPA regulatory powers over pilotage.
Still, PD 857 “has not stopped complaints from being raised on matters such as the quality of the pilotage service provided, the lack of proper equipment for pilotage, the overcharging of fees, and collection of unauthorized fees,” noted Gonzalez.
He said HB 738 will strengthen the role of PPA in regulating pilotage, define requirements for appointment as a harbor pilot, and specify when a ship must procure pilotage services.
There have been claims in various Lower House committee hearings that harbor pilots had been overcharging or collecting unauthorized fees.
Domestic shipping lines also claimed pilots who owned tugboats and tugboat companies have oftentimes pushed the use of their tugboats and refused to provide service to a shipping company that did not avail of such.
Under HB 738, pilotage services will still be compulsory in all government and private wharves, berths, piers, jetties, or anchorages, except otherwise provided. Pilotage is compulsory for all vessels engaged in foreign trade.
Vessels engaged in domestic trade must also engage pilotage services unless the vessel gets an exemption. Chemical, gas, oil tankers and other vessels with hazardous cargoes are likewise under compulsory pilotage.
Under the measure, the port authority may exempt any vessel–other than tankers–engaged in domestic trade from pilotage services, subject to conditions it deems appropriate.
The port authority may issue a Pilotage Exemption Certificate to the master of the vessel granted exemption under the proposed measure, provided the master has completed 60 inbound and outbound trips to and from the port where the vessel makes its regular port calls.
In addition, HB 738 provides mandatory retirement of pilots upon reaching the age of 70, the current retirement age, provided all harbor pilots undergo annual medical and physical examination as a requirement for the continued exercise of pilotage service.
Appointed harbor pilots in each harbor pilotage district can organize themselves into a corporation, partnership, or cooperative. The port authority will allow only one pilot organization in every pilotage district.
The proposed measure provides grounds for suspension or cancellation of appointment of a harbor pilot, limitations of a pilot’s liability, and penalties for violations.
If it passes into law, HB 738 will repeal Executive Order No. 1088 issued in 1986, which provides for uniform and modified rates for pilotage services rendered to foreign and coastal vessels in all Philippine ports, public or private.
HB 738 has been referred to the Lower House Committee on Transportation. – Roumina Pablo
