Trans-Asia asks to reset hearing

CEBU, Philippines - Trans-Asia Shipping Lines Inc. and the officers and crew of M/V Asia Malaysia yesterday asked the Maritime Industry Authority (MARINA) to reset their scheduled hearing to August 15.

In an ex parte motion filed yesterday morning before Judge Bashiruddin Adel, the company’s corporate counsel lawyer Dexter Viñan asked that they be given 10 days to answer, because they have still to gather records and documents.

The hearing was set so that the shipping company can explain as to why its Certificate of Public Convenience (CPC) will not be revoked for violating maritime rules and regulations.

M/V Asia Malaysia sank off the coast of Ajuy, Iloilo last weekend.

 Adel granted the request of Viñan for an extension, but MARINA denied the request to lift the suspension of all Trans Asia vessels as they stood firm on their decision to suspend the entire fleet and only allow those that will pass thorough inspection to sail.

The shipping firm was given 72 hours to explain the reason why the incident happened.

Over 170 passengers and crew were rescued.

Viñan believes that suspension order should be lifted citing Republic Act 9295 or the Domestic Shipping Development Act that before any suspension can be ordered a hearing should be first conducted.

Viñan clarified that their motion for an extension was filed in exercise of abundant caution without waiving or abandoning their client’s rights arising from the issuance of the order issued by the MARINA last August 1.

The Seafarer’s Identification Record Book and the Qualification Document Certificate of the officers and crew of the MV Asia Malaysia are already suspended until further order and the safety certificate of the ship has also been cancelled.

Viñan also said that since the cancellation of their travel, the company did not allow its vessels to leave the port of Cebu and ordered those not in Cebu to return to homeport.

“Since the day of the incident, until the present, respondent company has been pouring out its resources financial or otherwise including its personnel to attend to the pressing problems and concerns brought about the incident,” Viñan said.

MARINA information officer Jose Cabatingan said that suspension was decided based on the Memorandum Circular 143, which the International Safety Management Code provides an international standard for the safe management and operation of ships.

Cabatingan also said that all Trans-Asia vessels should undergo re-inspection of safety standards before they can resume operations.

LIFTED

So far, Cabatingan said that three of the nine vessels will already be allowed to sail.

These are MV Trans Asia 3, MV Trans Asia Indonesia and MV Trans Asia 5.

The ship owners warned that a long suspension could cost some Trans-Asia workers their jobs. — /NLQ (FREEMAN)