Marina head should resign or go on leave

Two readers from the shipping industry sent some interesting feedback about the accidental sinking of the MT Princess Empress, which are featured in today’s column. Both have requested anonymity.

The first reader introduces himself as having been involved with the maritime industry for almost five decades, with experience in ship design and building, and in managing ship operations. Some of his observations and comments follow.

“A vessel may be registered, but without a Certificate of Public Convenience (CPC). It should not be allowed to sail loaded with oil products for delivery. Similarly, a car may be registered, but the vehicle cannot be used as a taxi for public use without the appropriate permit and license.

“A tanker loaded with oil is like a ‘floating time bomb,’ and should be subjected to strict requirements by MARINA [Maritime Industry Authority] and by the Coast Guard before being allowed to sail. Did MARINA and the Coast Guard follow the strict protocol of requiring a valid CPC in all the previous sailings of MT Princess Empress?

“If MT Princess Empress sailed without a valid CPC, it is doubtful that the insurance coverage, as announced by MARINA, is enforceable since the voyage is considered as illegal. Claims for damages caused by the accident become problematic.

Stricter regulation needed

“A rule that MARINA should consider implementing strictly is requiring all tankers trading in domestic waters (excluding bays and rivers) to be classed by international classification societies (IACS) and not by just local groups.

“A responsible oil company will always vet the vessel and its management before it loads the cargo. This is standard practice worldwide. Did San Miguel Shipping and Lighterage Corp. which chartered RDC Reield Marine Services to ship the fuel oil from Limay, Bataan to Iloilo, observe this critical practice?

“Government regulating agencies must be strict in implementing rules. They should not be moved by the lobby of politicians or by small tanker owners to relax rules, something that has already happened in the past. Succumb to these pressures and we all pay the high price of destruction of the environment, properties, loss of livelihood, and in some cases loss of lives.”

Aligning standards to international class

Our second shipping man writes: “I just needed to share with you some thoughts arising from your article on the MT Princess Empress sinking, which no one has looked into.

“The tanker was built just last year and sunk after nine voyages, in less than six months from the time it was built. I understand the MT Princess Empress was built in RDC Marine’s own shipyard, and supervised by a local class ORS [Operations Research Service].

“Considering that oil tankers transport fuels that are very hazardous to the environment, they are required by MARINA to be double hulled and with a double bottom, plus must have a P&L [property and liability] insurance cover worth $1 billion.

“But what’s missing is that they are not required to be IACS classed and maintained. Are we not curious how a brand new built vessel delivered only last September 2022 suffered engine failure leading to the sinking? I understand that they installed surplus Caterpillar engines.

“What was the type of steel used in the construction of the tanker? Were the compartments truly water tight? Deviations in upheld standards during construction would not have been allowed if the vessel was under the supervision of an international classification society.

“Likewise, was the tanker at the time of the accident fully manned with a licensed master onboard, and not just a third mate or major patron, as is usually wrongly practiced by smaller ships?

‘Cleared to sail’

“Nowhere in the world does a ship need a coast guard or port control clearance to depart, even in bad weather. It is the responsibility of the ship owners should any sea accident occurs.

“However, here in the Philippines, whenever a ship sinks, the ship owners can easily seek legal cover by stating that they were cleared to sail by the Philippine Coast Guard. This behavior of the ship owner will surely change if the law will allow them to make the decision to sail, but will be held liable for any and all ship accidents.

Reporting requirements

“MARINA is required by the International Convention for the Safety of Life at Sea (SOLAS) regulation I/21 and the International Convention for the Prevention of Pollution from Ships (MARPOL), Articles 8 and 12, to conduct an investigation into any casualty involving ships under its flag.

“MARINA is also obliged to provide the International Maritime Organization (IMO) with pertinent information regarding the findings of such investigations. An examination of casualties is also required in Article 23 of the Load Lines Convention.

“The state and the other states should cooperate in any investigation conducted by another state into any maritime casualty or navigational mishap as per the IMO. Thus, the value of the Marine Casualty Investigation (MCI) reports is of utmost importance in preventing future accidents from happening.”

Preventing any whitewashing

Like our two readers, the ongoing investigations by our lawmakers on why MT Princess Empress capsized and sunk strongly points to the culpability of MARINA as a regulator in ensuring the seaworthiness of the tanker to carry petroleum products in Philippine seas.

To be able for MARINA to conduct an impartial, independent, and a truly comprehensive investigation on the incident, all involved officials must resign or at least go on leave to prevent any incident of whitewashing.

Only then can we expect the results to be of real value in preventing future accidents to happen.

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