departmentof transportation andcommunications ao... · 2016. 9. 8. · republic ofthe philippines...

Republic of the Philippines

DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS

JUN 0 2 2014

JOINT ADMINISTRATIVE ORDER NO. 2014 01

SUBJECT: REVISED SCHEDULE OF FINES AND PENALTIES FOR VIOLATIONSOF LAWS, RULES AND REGULATIONS GOVERNING LANDTRANSPORTATION

Pursuant to Executive Order No. 125, paragraph 5 (o), as amended by Executive Order125-A and Executive Order No. 292 (otherwise known as "Administrative Code of1997"), Title XV, Chapter 1, Section 3 (14), which states the power of the Department ofTransportation and Communications to establish and prescribe the corresponding rulesand regulations for the enforcement of laws governing land transportation services,including the penalties for violations thereof, the following revised schedule of fines andpenalties for violations of laws governing land transportation services and theprocedures for apprehension and adjudication thereof are hereby promulgated andapproved for implementation.

I

VIOLATIONS IN CONNECTION WITH LICENSING

a. DRIVING WITHOUT A VALID

LICENSE/CONDUCTOR'S PERMIT

DRIVER'S

This includes driving with an expired, revoked,suspended, inappropriate driver's license restrictioncode, inappropriate driver's license classification,fake driver's license, tourist driving a motor vehiclewith a valid foreign driver's license beyond the 90-day maximum allowable period and a studentdriver driving without being accompanied by a dulylicensed driver.

Php 3,000.00

In addition, the unlicensed orimproperly licensed driver shall bedisqualified from being granted adriver's license and driving amotor vehicle for a period of one(1) year from the payment of thefine.

TELEFAX: (632)7234925TRUNKLINE: 727-7960 TO 79

DOTC ACTION CENTER HOTLINE: 7890

cm4->(4THE COLUMBIA TOWER

BRGY. WACK-WACK. ORT1GAS AVENUE

1SSS MANDALUYONG CITY. PHILIPPINES

14 0032^2

b. DRIVING A MOTOR VEHICLE USED IN THECOMMISSION OF A CRIME UPON CONVICTIONBY A REGULAR COURT OF COMPETENTJURISDICTION

Php 10,000.00

c. COMMISSION OF A CRIME IN THE COURSEOF APPREHENSION UPON CONVICTION BY AREGULAR COURT OF COMPETENTJURISDICTION

In addition, the driver's license

shall be confiscated, and uponconviction for the crime, revokedand the driver shall be perpetuallydisqualified from being granted adriver's license and driving amotor vehicle.

The motor vehicle driven by theviolator shall likewise beimpounded until ordered to bereleased by a regular court ofcompetent jurisdiction afterpayment of appropriate fines andpenalties.

Php 10,000.00

In addition, the driver's licenseshall be confiscated, and revokedupon conviction for the crime. The

driver shall be disqualified frombeing granted driver's license for aperiod of 5 years counted from thedate of payment of appropriatefines and penalties.

The motor vehicle driven by theviolator shall likewise be

d. DRIVING A MOTOR VEHICLE WHILE UNDERTHE INFLUENCE OF ALCOHOL, DANGEROUSDRUGS AND/OR SIMILAR SUBSTANCE UPONFINAL CONVICTION BY A REGULAR COURTOF COMPETENT JURISDICTION (SECTION 12,R.A. 10586)

impounded until ordered to bereleased by a regular court ofcompetent jurisdiction afterpayment of appropriate fines andpenalties.

In addition to the fines and

penalties prescribed by law:

The non-professional driver'slicense of the person shall beconfiscated and suspended for aperiod of twelve (12) months forthe first conviction and perpetuallyrevoked for the second conviction.

The suspension above shallcommence upon the payment ofthe appropriate fines andpenalties.

The professional driver's licenseof the person shall also beconfiscated and perpetuallyrevoked for the first conviction.

The perpetual revocation of adriver's license shall disqualify theperson from being granted anykind of driver's license thereafter.

e. RECKLESS DRIVING

No person shall operate a motor vehicle on anyhighway recklessly or without reasonable cautionconsidering the width, traffic, grades, crossing,curvatures, visibility and other conditions of thehighway and the conditions of the atmosphere andweather, or so to endanger the property of thesafety or rights of any person or so as to causeexcessive or unreasonable damage to the highway.

This includes driving an unregistered vehicle underSection II.a hereof.

f. SUBMISSION OF FAKE DOCUMENTS IN

RELATION TO THE APPLICATION FOR A

DRIVER'S LICENSE (NEW/ RENEWAL)

First offense Php 2,000.00

Second offense - Php 3,000.00

Subsequent offense -

Php 10,000.00


shall be suspended for a period ofthree (3) months for the secondoffense and six (6) months for thethird offense from payment of fineand revocation of driver's license

on the succeeding offense.

A revoked non- professional drivershall be disqualified from beinggranted a driver's license for a

period of two (2) years countedfrom date of revocation.

A revoked professional driver shallbe perpetually disqualified fromgetting any driver's license.

Php 3,000.00


shall be put on alarm, revokedand the driver shall be disqualifiedfrom being granted a driver'slicense and driving a motor

g.1. FAILURE TO WEARSEAT BELT DEVICE

THE PRESCRIBED

This includes allowing a child 6 years old andbelow to be seated on thefront passenger seat.

vehicle for a period of one (1) yearfrom the payment of the fine,without prejudice to the filing ofappropriate criminal charges.

First offense

Second offense

Third offense

Php 1,000.00

Php 2,000.00

Php 5,000.00

In addition, the driver's licenseshall be suspended for a period ofone (1) week from the payment ofthe fine, for the third and eachsucceeding offense.

g.2.FAILURE TO REQUIRE HIS/HERPASSENGER/S TO WEAR THE PRESCRIBEDSEAT BELT DEVICE (SECTION 12, R.A. 8750)

For Public Utility Vehicles, failure to post For Public Utility Vehicles, bothappropriate signages instructing front seat the driver and the operator arepassengers to wear seatbelts when inside the liable to pay a fine ofPhp3,000.00vehicle. f0r every violation.

h. FAILURE TO WEAR THE STANDARDPROTECTIVE MOTORCYCLE HELMET ORFAILURE TO REQUIRE THE BACK RIDER TOWEAR THE STANDARD PROTECTIVEMOTORCYCLE HELMET, UNDER R.A. 10054

Wearing a helmet with a fake Philippine standard(PS) or Import Commodity Clearance (IIC) stickershall be tantamount to riding a moving motorcyclewithout wearing a helmet.

First offense - Php 1,500.00

Second offense - Php 3,000.00

Third offense - Php 5,000.00

Fourth and succeeding offenses

- Php 10,000.00

i. FAILURE TO CARRY DRIVER'S LICENSE, PhD -, 000 00CERTIFICATE OF REGISTRATION OR OFFICIAL 'RECEIPT WHILE DRIVING A MOTOR VEHICLE

j. ALL OTHER VIOLATIONS OF TRAFFIC RULES Pho 1000 00AND REGULATIONS F '.uuu.uu

This includes the following traffic violations:

1. Parkinga. In an intersectionb. Within 5 meters of the intersectionc. 4 meters from the driveway

entrance

d. Within 4 meters from a firehydrant

e. Infront of a private drivewayf. On the roadway side of any

unmoving or parked MV at thecurb or edge of the highway

g. At any place where signs ofprohibitions have been installed

2. Disregarding Traffic Signs3. Allowing passengers on top or cover of a

motor vehicle except in a truck helper4. Failure to provide canvass cover to cargos

or freight of trucks requiring the same5. Permitting passenger to ride on running

board, stepboard or mudguard of MV whilethe same in motion.

6. Failure to dim headlights when approachinganother motor vehicle

7. Driving in a place not intended for traffic orinto place not allowed for parking

8. Hitching or permitting a person or a bicycle,

motorcycle, tricycle or skate roller to hitch toa motor vehicle

9. Driving against traffic- failure to pass to theright when meeting persons or vehiclescoming towards him

10. Illegal turn- failure to conduct the motorvehicle to the right of the intersection of thehighway when turning to the left in goingfrom one highway to another.

11. Illegal overtaking- failure to pass to the leftwhen overtaking persons or vehicles goingto the same direction except when there aretwo or more lanes for the movement oftraffic in one direction

12.Overtaking at unsafe distance- failure topass at a safe distance to the left of anothermotorvehiclewhen overtaking that vehicle

13. Cutting an overtaken vehicle- driving to theright side of the highway after overtakingbefore his motor vehicle is safely clear ofsuch overtaken vehicle.

14. Failure to give way to an overtaking vehicle-failure to give way to another vehicleapproaching from the rear that wishes toovertake his vehicle when the former hasgivensuitable and audible signal.

15. Increasing speed when being overtaken-increasing the speed of the motor vehiclebefore the overtaking vehicle has completelypassed.

16. Overtaking when left side is not visible orclear of oncoming traffic- driving to the leftside of the center line of a highway inovertaking or passing another vehicleproceeding in the same direction where theleft side is not clearly visible and is not freeof oncoming traffic for a sufficient distance topass in safely.

17.Overtaking upon a crest of a grade-overtaking or passing another vehicleproceeding in the same direction whenapproaching the crest of a grade.

18.Overtaking upon a curve- overtaking orpassing another vehicle proceeding in thesame direction upon a curve in a highway

where the driver's view along the highway isobstructed within a distance of 500 feetahead.

19. Overtaking at any railway grade crossing-overtaking or passing another vehicleproceeding in the same direction at anyrailway grade crossing.

20. Overtaking at an intersection- overtaking orpassing another vehicle in the samedirection at any intersection of highwaysexcept on a highway having two or morelanes for movement of traffic in one directionwhere the driver of a vehicle may overtakeanother vehicle on the right.

21.Overtaking on "men working" or "caution"signs- overtaking or passing or attempting toovertake or pass another vehicle proceedingin the same direction between warning orcaution signs indicating that men areworking on a highway.

22. Overtaking at no overtaking zone-overtaking or passing or attempting toovertake or pass another vehicle proceedingin the same direction in any "no passing orovertaking" zone.

23.Failure to yield the right ofway- failure of thevehicle on the left to yield the right ofway tothe vehicle on the right when these vehiclesapproach or enter an intersection atapproximately the same time.

24. Failure to yield the right of way- failure of avehicle approaching but not having enteredan intersection to yield the right of way to avehicle within such intersection or turningtherein to the left across the line of travel ofthe first mentioned vehicle when suchvehicle has given a plainly visible signal ofintention to turn.

25. Failure to yield the right of way- failure of thedriver of any vehicle upon a highway withina business or residential district to yield theright of way to a pedestrian crossing suchhighway within a crosswalk except atintersection where the movement of traffic isregulated by a peace officer or by traffic

signal.26. Failure to stop before traversing a "through

highway" or railroad crossing- failure of thedriver of a vehicle upon a highway to bringto a full stop such vehicle before traversingany "through highway" or railroad crossing.

27. Failure to yield right of way- failure of avehicle entering a highway from a privateroad or driver upon a highway to yield theright of way to all vehicles approaching onsuch highway.

28.Failure to yield right of way to ambulance,police or fire department vehicles- failure ofa driver upon a highway to yield the right ofway to police or fire department vehicles andambulances when such vehicles areoperated on official business and the driversthereof sound audible signal or theirapproach.

29.Failure to yield right of way at a "throughhighway" or a "stop intersection"- failure of avehicle entering a "through highway" or a"stop intersection" to yield right of way to allvehicles approaching in either direction onsuch "through highway".

30.Failure to give proper signal- failure to givethe appropriate signal before starting,stopping or turning from a direct line.

31. Illegal turn- failure of the driver of a motorvehicle intending to run to the right at anintersection to approach such intersection inthe lane for traffic nearest to be right-handside of the highway and, in turning, to keepas close as possible to the right-hand curveor edge of the highway.

32. Illegal turn- failure of the driver of a vehicleintending to turn to the left, to approach suchintersection in the lane for traffic to the rightof and nearest to the center line of thehighway, and in, turning to pass to the left ofthe center of the intersection except uponhighway laned for traffic and upon one-wayhighway.

33. Failure to stop motor and notch handbrakeof motor vehicle when unattended- failure to

turn off the ignition switch and stop themotor and notch effectively the handbrakewhen parking a motor vehicle unattended onany highway.

34. Unsafe towing35.Obstruction- obstructing the free passage of

other vehicles on the highway whiledischarging or taking passengers or loadingand unloading freight, or driving a motorvehicle in such a manner as to obstruct orimpede the passage of any vehicle.

36. MC carrying more passengers other thanthe back rider or cargo other than the saddlebags and luggage carriers.

37. Refusal to render service to the public orconvey passenger to destination.

38. Overcharging/Undercharging of fare.39. No franchise/Certificate of Public

Convenience or evidence of franchisepresented during apprehension or carriedinside the motor vehicle.

40. Fraud and falsities such as presentation offake and spurious CPC, OR/CR, plates,stickers and tags.

41. Operating the unit/s with defective partsand accessories.

42. Failure to provide fare discount to thoseentitled under existing laws and pertinentMemorandum Circulars of the LTFRB.

43. Fast, tampered, defective taximeter oroperating without or with an old sealtaximeter.

44. Tampered, broken, joined, reconnected,fake or altered sealing wire.

45. No sign board.46. Pick and Drop of Passengers outside the

terminal.

47. Carrying of illegal and/or prohibited cargoes.48. Failure to provide fire extinguisher and

required "STOP and GO" signage for use ofeach vehicle.

49. Trip cutting.50. Failure to display fare matrix.51. Breach of franchise conditions under 2011

Revised Terms and Conditions of CPC not

10

otherwise herein provided.

II

VIOLATIONS IN CONNECTION WITH

MOTOR VEHICLE REGISTRATION/RENEWAL/OPERATION

a. DRIVING AN UNREGISTERED MOTORVEHICLE

Php 10,000.00

This includes driving with an improperly registered In addition, in case of non-motor vehicle or a motor vehicle with expired, registration and the violation hasrevoked, suspended or invalid registration, exceeded one (1) month, theunregistered or fake substitute or replacement motor vehicle shall be impoundedengine, engine block or chassis. and shall be released only upon

its valid registration and paymentof appropriate fines and penalties.

In the case of undocumentedengines, the motor vehicle shallbe impounded and shall be barredfor a period of one (1) year frompayment of the fines.

The undocumented engines shalllikewise be confiscated in favor ofthe government.

li

b. UNAUTHORIZED

MODIFICATION

MOTOR VEHICLE Php 5,000.00

This includes change in color and otherunauthorized modifications of the standard

manufacturer's specification not covered by thepreceding section a.

In addition, the motor vehicle shall

be impounded and shall bereleased only upon inspection,correction of defect and paymentof the fine.

c. OPERATING A RIGHT HAND DRIVE MOTORVEHICLE

d. MOTOR VEHICLE OPERATING WITHOUT ORWITH DEFECTIVE/IMPROPER/UNAUTHORIZEDACCESSORIES, DEVICES, EQUIPMENT ANDPARTS

This includes bells/homs/sirens/whistles, blinkers,brakes, early warning device (EWD), grill/s,jalousies, brake (foot and hand brakes), brakelights/headlights/interior lights/signal lights/taillights, mirrors, mufflers, metallic tires/spare tire,speedometer, windshield, wipers or any otheraccessory, device, equipment or part that ismanifestly prejudicial to road safety.

12

Php 50,000.00

In addition, the motor vehicle shallbe impounded until the defect iscorrected and the motor vehicle is

deemed road worthy uponinspection and payment of thefine.

Php 5,000.00

In addition, the motor vehicle shall

be impounded until the accessory,device, equipment or part isproperly installed, corrected orremoved, as the case may be andpayment of the fine.

The improper or unauthorizedaccessory, device, equipment orpart shall likewise be confiscatedin favor of the government.

e. FAILURE TO ATTACH OR IMPROPERATTACHMENT/TAMPERING OF AUTHORIZEDMOTOR VEHICLE LICENSE PLATES AND/ORTHIRD PLATE STICKER

This includes the attachment of any unauthorizedplate/s or any accessory or device to and/or aroundthe authorized motor vehicle license plate, or anymanner of attachment that impedes in any way thevisibility or reflectivity of the authorized motorvehicle license plateand/or the third plate sticker.

Php 5,000.00

In addition, the authorized motorvehicle license plate/third platesticker shall be properly attachedand the unauthorized plate,accessory and/or device removed

and confiscated in favor of thegovernment.

f. SMOKE BELCHING (Section 46, R.A. 8749)

Any vehicle suspected of violation of emission The motor vehicle shall bestandards through visual signs, such as, but not impounded until the same haslimited to, smoke belching, shall be subjected to an passed the standard emission testemission test. and payment of the fine.

13

In addition, the driver and operatorof the apprehended vehicle shallundergo a seminar on pollutioncontrol management conductedby the DENR and shall also sufferthe following penalties:

a.) First Offense- a fine not toexceed Two ThousandPesos (Php2,000.00);

b.) Second Offense- a fine notto exceed Four ThousandPesos (Php4,000.00); and

c.) Third Offense- one (1) yearsuspension of the Motor

g. FRAUD IN RELATION TO THEREGISTRATION OF THE MOTOR VEHICLEAND/OR ITS RENEWAL

H. ALL OTHER VIOLATION IN CONNECTIONWITH MOTOR VEHICLE REGISTRATION/RENEWAL/ OPERATION

14

Vehicle Registration (MVR)and a fine not more thanSix Thousand Pesos(Php6,000.00)

d.) Succeeding Offense-suspension of MVRegistration for one (1)year.

Php 3,000.00

In addition, the motor vehicle shallbe impounded and shall be barredfrom registration for a period ofone (1) year from the payment ofthe fine.

Php 2,000.00

Ill

VIOLATIONS IN CONNECTION WITH

DIMENSIONS. SPECIFICATIONS. WEIGHT AND LOAD LIMITS

a. LOAD EXTENDING BEYOND PROJECTEDWIDTH WITHOUT PERMIT

Php 1000.00

b. AXLE OVERLOADING

15

Fine shall be imposed upon thedriver of the motor vehicle for

operating a motor vehicle with anypart of the load extending beyondthe projected width of the vehiclewithout special permit.

An amount equivalent to 25% ofMVUC at the time of infringementon owner/operator or driver oftrucks and trailers for loadingbeyond their registered grossweight, vehicle weight.

The penalty shall be waived forloads exceeding the registeredGVW by a tolerance of less than5%.

No motor vehicle shall be allowed

to proceed on the roadway ifeither a dual-wheel axle load shall

exceed thirteen thousand five

hundred (13,500.00) kilograms(kgs.) or the vehicle load exceeds150% of the maximum allowablegross weight.

To be computed based onformula.

c. OPERATING A PASSENGER BUS/TRUCK Php 1000 00WITH CARGO EXCEEDING 160 KILOGRAMS

Fine shall be imposed upon thedriver and conductor of the motorvehicle.

16

TYPE OF VIOLATION

1. Colorum Violation - Amotor vehicle isconsidered operatingas "colorum" underany of the followingcircumstances:a. A private motor

vehicle operatingas a PUV but

without properauthority from theLTFRB;

b. A PUV operatingoutside of itsapproved route orarea without a

prior permit fromthe Board oroutside theexceptionsprovided underexistingmemorandumcirculars;

c. A PUV operatingdifferently from itsauthorized

denomination(ex. thoseapproved asschool service

but operating asUV express, orthose approvedas tourist bus

transport butoperating as cityor provincial bus);and

d. A PUV with

suspended or

IV

VIOLATIONS IN CONNECTIONWITH FRANCHISE

TYPE OFVEHICLE

BUS

TRUCKS

JEEPNEY

VANS

SEDAN

MC

PENALTIES

PENALTIES FOR FIRST (1st) OFFENSE

FINE

P1 Million

P200.000

P50.000

P200.000

P120.000

P6.000

Minimum

Impounding

Period

(unit)

3

months

3

months

3

months

3

months

3

months

3

months

Status of CPC

1. Revocation of the ENTIRECertificate of Public Convenience("CPC") where the apprehendedvehicle belongs (except whenapprehended vehicle is withprivate/green plate);

2. Blacklisting of the apprehendedvehicle and all other authorizedunits included in the CPC frombeing used as a public utilityvehicle; and

3. Revocation of the registration ofthe apprehended vehicle and allother authorized units included inthe franchise.

-same as above-

-same as above •

-same as above-

-same as above-

-same as above-

Forthe commission of2nd Offense, the penalty shall be:

17

cancelled CPC

and theDecision/Order of

suspension orcancellation is

executory; ande. A PUV with

expired CPC andwithout a pendingapplication forextension of

validity timelyfiled before theBoard.

2. Refusal to renderservice to thepublic or conveypassenger todestination *

3. Overcharging/Underchargingoffare*

Failure

proper

markings

to providebody

1. Revocation of ALL CPCs (entire fleet) of theoperator;

2. Disqualification of the operator, and, in case of acorporation, all its stockholders and directors, tooperate any kind of public land transportation;

3. Blacklisting of ALL authorized units (entirefleet) ofthe operator from being used as public utility vehicle;and

4. Revocation of the registration of ALL authorizedunits (entire fleet) of the operator.

In determining the frequency of offenses, the LTFRB and itsRFRBs will count offenses against operators and not against aparticular motor vehicle or CPC. Hence, the secondapprehension of a vehicle belonging to the same operator,regardless of whether the first and second vehicleapprehended are included in the same or different CPCs, shallbe countedas second (2nd) offense.

If a private motor vehicle operating as a PUV but withoutproper authority from the LTFRB is apprehended, the LTFRBor RFRBs shall, in addition to the abovementioned fines,impounding, and penalty, disqualify the registered owner, and,in case of a corporation, all its stockholders and directors, tooperate any kind of public land transportation.1st Offense - fine of P5.000.00

2nd Offense - fine of P10,000.00 and impounding of unit for forthirty (30) days

3rd and subsequent Offenses - fine of P15,000.00 andcancellation ofCPC where the unit is authorized1s1 Offense - fine of P5,000.00

2nd Offense - fine of P10,000.00 and impounding of unit forthirty (30) days

3rd and subsequent Offenses - fine of P15,000.00 andcancellation of CPC where the unit is authorized1s1 Offense - fine of P5.000.00


18

No

franchise/Certificateof PublicConvenience orevidence offranchise presentedduringapprehension orcarried inside themotor vehicle *

Fraud and falsitiessuch as

presentation of fakeand spurious CPC,OR/CR, plates,stickers and tags'

7. Employing reckless,insolent,discourteous orarrogant drivers

8. Allowing anunauthorized driverto drive PUV orallowing a driver todrive PUV without

bringing his/herdriver's license

9. Operating theunit/s with defectiveparts andaccessories*

10. Failure to providefare discount to

those entitled under

existing laws andpertinent

3 and subsequent Offenses - fine of P15,000.00 andcancellation of CPC where the unit is authorized1* Offense - fine of P5.000.00 ~~


3rd and subsequent Offenses - fine of P15,000.00 andcancellation of CPC where the unit is authorized

Revocation/Cancellation of the franchise/Certificate of PublicConvenience, after due notice of hearing pursuant to LTFRBMemorandum Circular No. 2013-003

1* Offense- fine of P5.000.00




3rd and subsequent Offenses - fine of P15,000.00 andcancellation of CPC where the unit is authorized1stOffense - fine of P5.000.00


3rd and subsequent Offenses - fine of P15,000.00 andcancellation of CPC where the unit is authorized1stOffense - fine of P5.000.00


19

MemorandumCirculars of theLTFRB*

11. Failure to providethe Board with

complete, correct,and updatedoperator'sinformation (suchas, but not limitedto, address, contactnumbers, list ofdrivers, etc.) andother forms of

misrepresentation12. Failure to display

"No Smoking"'signage and/orallowing personnelor passenger tosmoke inside the

vehicle

13. Fast, tampered,defective taximeteror operating withoutor with an old sealtaximeter (TXonly)*

14. Tampered, broken,joined,reconnected, fakeor altered sealingwire (TX only)*

15. Violation of colorscheme or design/Adoption of newcolor design withoutauthority from theBoard (PUB andTXonly)

3ra and subsequent Offenses - fine of P15,000.00 andcancellation of CPC where the unit is authorized

1st Offense - fine of P5.000.00



1stOffense - fine of P5.000.00




3rd and subsequent Offenses - fine of P15,000.00 andcancellation of CPC where the unit is authorized1s1 Offense - fine of P5,000.00


3rd and subsequent Offenses - fine of P15,000.00 andcancellation of CPC where the unit is authorized1s* Offense - fine of P5.000.00



16. Unregistered or 1a Offense - fine of P5,000.00

20

unauthorized

trade/business

name (PUB and TXonly)

17. No Panel Route(PUJ, PUB, UV)

18. No sign board*(PUJ, PUB, UV)

19. Pick and Drop ofPassengers outsidethe terminal ((PUJ,PUB, UV)*

20. Carrying of illegaland/or prohibitedcargoes*

21. Failure to providefire extinguisherand required"STOP and GO"signage for use ofeach vehicle (STSonlyl

22. Trip cutting (PUJ,PUB, UV) *


srd3ra and subsequent Offenses - fine of P15,000.00 andcancellation of CPC where the unit is authorized1stOffense - fine of P5.000.00


3rd and subsequent Offenses - fine of P15,000.00 andcancellation of CPC where the unit is authorized1st Offense - fine of P5.000.00


3rd and subsequent Offenses - fine of P15,000.00 andcancellation of CPC where the unit is authorized1st Offense - fine of P5.000.00



1s1 Offense - fine of P5,000.00



1* Offense - fine of P5.000.00





21

23. Failure to displayfare matrix (PUJ,PUB, UV)*

24. Failure to displaythe International

Symbol ofAccessibility insidethe units and/or

failure to designateseats specificallyfor the use of

Persons with

Disabilities or

Failure or refusal to

transport PWDs(PUJ, PUB, TTS,UV)

25. Breach of franchiseconditions under

2011 Revised

Terms and

Conditions of CPCnot otherwise

herein provided.*

3ra and subsequent Offenses - fine of P15,000.00 andcancellation of CPC where the unit is authorized

JF3"




2nd Offense - fine of P75.000.00 and impounding of unit of atleast forty-five (45)days. An impounding fee of P500 per dayshall be imposed.

3rd and subsequent Offenses - fine of P100,000.00 andcancellation of CPC



3rd and subsequent Offenses - fine of P15,000.00 andcancellation of CPC where the unit is authorized .

Except in cases of colorum violation, as provided above, the LTFRB, in the applicationof these fines and penalties, shall count offenses against operators and not against aparticular motor vehicle or CPC. Hence, the second offense committed by a differentvehicle of the same operator shall be counted as second (2nd) offense and anotheroffense by a third vehicle of the same operatorshall be counted as a third (3rd) offense,provided all apprehended vehicles belong to the same CPC.

Fines and penalties provided for under existing Memorandum Circulars of the LTFRBwhich are not provided for in this Joint Administrative Order shall continue to be appliedby the Board and Regional Franchising and Regulatory Offices.

22

V

GENERAL PROVISIONS

Unless otherwise indicated, all references to motor vehicles shall includemotorcycles and tricycles.

In all cases where the penalty includes the confiscation, suspension orrevocation of a driver's license or student permit as well as the suspension or revocationof the registration of a motor vehicle or impounding the motor vehicle, and the samecannot be immediately implemented, the driver's license, student permit or motorvehicle as the case may be shall be put on alarm until the proper penalty may beimplemented.

A Temporary Operator's Permit (TOP) shall authorize a driverto operate a motorvehicle for a period of seventy-two (72) hours only. Further, all apprehensions aredeemed admitted unless contested by filing a written contest within five (5) days fromdate of apprehension. However, failure of the driver to pay the corresponding penaltywithin fifteen (15) days from the date of apprehension shall cause the automaticsuspension of his driver's license for a period of thirty (30) days from the date ofapprehension, in addition to the fines and penalties prescribed hereunder. The LTOshall resolve a contested case within five (5) days from receipt of said written contest.

The imposition of the foregoing fines and penalties shall be without prejudice toany criminal action that may be instituted under existing laws, rules and regulations.

Within twenty four (24) hours from the payment of the fine of an admitted case orfrom resolving a contested case, the LTO through its Traffic Adjudication Service (TAS)or Regional Office, shall transmit to the LTFRB the resolution/result of all apprehensionsrelative to violations in connection with franchise under Rule IV herein.

Upon receipt of the resolution/result of all apprehensions from LTO's TAS orRegional Office as provided in the preceding paragraph, the Board or its RegionalFranchising and Regulatory Office (RFRO), as the case may be, shall hear and decideall franchise violations in accordance with the following procedure:

1. Within 36-hours from the receipt of the resolution/result of all apprehensionsfrom LTO's TAS or Regional Office, a Show Cause Order shall be issuedagainst the operator informing him/her of the franchise violation and requiring

23

him to file a verified explanation why the corresponding fine or penalty shallnot be imposed.

2. The operator shall file his/her/its verified explanation within a non-extendibleperiod of five (5) days from his/her/its receipt of the Show Cause Order.Failure on the part of the operator to file the said verified explanation shall beconsidered a waiver of his/her/its right to be heard.

3. After the lapse of the said five (5) day period, the Board or RFRO shallconsider the case submitted for decision, with or without the verifiedexplanation by the operator provided there is actual proof that the operatorduly received the Show Cause Order.

4. Upon receipt of the Decision of the Board or RFRO, the operator shall have aperiod of five (5) days within which to file his/her/its Motion forReconsideration. Only one (1) Motion for Reconsideration shall be allowed.

5. The operator may appeal the Decision of the Board or the tatter's Orderresolving his/her/its Motion for Reconsideration to the Office of Secretary ofDepartment of Transportation and Communications (DOTC) within a non-extendible period of ten (10) days from receipt of the Decision or Order.

5.1. The appeal of the operator shall not stay the execution of theDecision or Order of the Board unless the Secretary of the DOTCshall order otherwise.

6. In cases heard and decided by LTFRB's RFRO, the operator may appeal theDecision of the RFRO or the latter's Order resolving his/her/its Motion forReconsideration to the Board within a non-extendible period of ten (10) daysfrom receipt of the said Decision or Order.

6.1. The appeal of the operator shall not stay the execution of thedecision or Order of the RFRO unless the Board shall order

otherwise.

In the absence of any applicable provision in these rules, the pertinent provisions of the2011 Revised Rules of Practice and Procedure of the LTFRB, which are notinconsistent with these rules, shall be applied in a suppletory character and effect.

24

VI. SEPARABILITY CLAUSE

In the event that any provision shall be held or declared void, invalid orunenforceable by acourt of competent jurisdiction or by legislation or regulationthe remainder of this Department Order shall be fully effective, operative valid'enforceable and binding. ' '

VII. REPEALING CLAUSE

All Department Orders, Memoranda, Circulars and other Issuances in conflict herewithare hereby deemed revoked, amended or revised accordingly.

VIII. EFFECTIVITY

This Order shall take effect fifteen (15) days following its publication in two (2)newspapers ofgeneral circulations and filing ofthree (3) copies hereof with theOffice ofthe National Administrative Register (ONAR) U.P. Law Center, Diliman, Quezon Citypursuant to Presidential Memorandum Circular No. 11 dated 09 October 1992

SO ORDERED.

»0 V. TAN, JAssistanFSecretary

Land Transportation Office*

JOSEPH 5MUJO AGUINAUDO ABAYA /Secretary [

Department of

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