[ LTFRB MEMORANDUM CIRCULAR GT NO. 2007 – 005, February 09, 2007 ]
SCALE OF FINES AND OR PENALTIES
Pursuant to Section 5(K) of Executive Order No. 202 and Section 13(a) of Com. Act No. 146 as Amended which provide LTFRB the power to make and enforce reasonable rules and regulations, and in line with the government s policy for all public utilities (transportation) to improve their service, and in response to public demand for stricter compliance with LTFRB rules and regulations, which by Express Terms, are incorporated to every public utility engaged in operating a Land Transportation business, the Board hereby adopts the existing SCALE OF FINES AND OR PENALTIES as follows:
For the fourth and subsequent apprehensions for violation or any of the offenses in II, IV, V, VI, an Order to Show Cause shall be issued requiring the operator to explain why his certificate of public convenience should not be suspended or cancelled.
The penalties/fines imposed based on the foregoing schedule shall be paid immediately to the Land Transportation Franchising and Regulatory Board by the operator or his representative presenting the Order or Authority to register from the LTFRB and/or Certificate of Public Convenience (CPC) of the operator.
If the operator refuses to pay the said penalties/fines the corresponding complaint or order to show cause shall forewith be filed or issued and given due course.
Driver s License of the driver of apprehended unit shall be confiscated and forwarded to the LTO Agency for appropriate action. (Authority: - Memorandum from the Office of the Chairman, BOT dated January 14, 1976) This paragraph is confined only to the following violations committed:
This Memorandum Circular cancels, and supersedes all prior orders and circulars in conflict herewith and shall remain in force until further Order.
This Memorandum Circular shall takes effect fifteen (15) days after its publication in a Newspaper of general Circulation or in the Official Gazette. Let the three (3) copies hereof be filed with the UP Law Center, pursuant to Presidential Memorandum Circular No. 11, dated 09 October 1992.
So Ordered.
Adopted: 09 Feb. 2007
- For any of the following offenses:
- For operating taxicab with fast taximeter with special gadget
- Operating with manipulated taximeter
(to make it fast)
- Painting of fraudulent or unauthorized base of operations
(for taxicabs)
- For operating an unauthorized unit, motors, or plates (i.e. illegal transfer of motor/plate no.)
(for taxicabs)
- Operating without LTFRB taximeter, Triplex seal
First offense ...... Php6,000.00
Second offense . 60 days suspension of unit
Third offense ..... cancellation of CPC of unit
- For operating taxicab with fast taximeter with special gadget
- For any of the following offenses:
- Operating taxicab with unauthorized taximeter
- Cutting trip
- Overcharging or collecting unauthorized fares or rates
- Employing hostile, arrogant, or discourteous drivers and/or conductors/tress
- Refusal to convey passenger to their destination
- Unauthorized used of trade name
- For operating with an expired CPC
- For operating taxicab on contract basis / flagged-up meter
- Racing with other vehicles or other forms of reckless driving
- Operating defective taximeter or not functioning
First offense ...... Php3,000.00
Second offense . Php4,000.00
Third offense ..... Php5,000.00
- Operating taxicab with unauthorized taximeter
- For any of the following offense:
- Operating outside authorized lines
- Operating taximeter seal with wire cut
Third offense . Php2,000.00 - Operating outside authorized lines
- For any of the following offense:
- Operating vehicle without good and efficient service brakes and without mechanically operated, hand-powered emergency brakes
- Operating unsafe or dilapidated unit or unsightly body
- Not issuing fare tickets
- Excessive emission of smoke and/or emitting smoke of fumes inside vehicles
- Employing drivers and/or conductors/tresses without license
First offense ...... Php5,000.00
Second offense . Php1,000.00
Third offense ..... Php2,000.00
- Operating vehicle without good and efficient service brakes and without mechanically operated, hand-powered emergency brakes
- For any of the following offense:
- Operating taxicab without driver s uniform, no seat cover and/or driver s ID
- Allowing door of buses open/ to be opened while in motion
- Overloading of passengers
- Allowing passenger on stepboard
First offense ...... Php5,000.00
Second offense . Php1,000.00
Third offense ..... Php1,500.00
*For the offense of not installing the required doors in buses, a fine of Three Thousand (Php3,000.00) Pesos and summary suspension of the operation of the buses involved and confiscation of the license until the requisite door shall have been installed.
- Operating taxicab without driver s uniform, no seat cover and/or driver s ID
- For any of the following offense:
- No waybill (TH)
- No inside marking of plate number
- PUJ operated as Cargo Jeep
- Operating with broken windshield
- Loading cargo on passenger seat
- LTFRB sticker not officially posted
- No driver s ID
- Driving with slippers
- No capacity marking
- No head and/or stop light
- No name and address of operator painted
- No usable spare tire
- Smoking while driving
- Operating without speedometer or speedometer not functioning
- And all other violations not specified
First offense ...... Php50.00
Second offense . Php75.00
Third offense ..... Php1000.00
- Operating unit illegally registered under a Kabit System
- Using taximeter with fake or unauthorized LTFRB seal
- No waybill (TH)
For the fourth and subsequent apprehensions for violation or any of the offenses in II, IV, V, VI, an Order to Show Cause shall be issued requiring the operator to explain why his certificate of public convenience should not be suspended or cancelled.
The penalties/fines imposed based on the foregoing schedule shall be paid immediately to the Land Transportation Franchising and Regulatory Board by the operator or his representative presenting the Order or Authority to register from the LTFRB and/or Certificate of Public Convenience (CPC) of the operator.
If the operator refuses to pay the said penalties/fines the corresponding complaint or order to show cause shall forewith be filed or issued and given due course.
Driver s License of the driver of apprehended unit shall be confiscated and forwarded to the LTO Agency for appropriate action. (Authority: - Memorandum from the Office of the Chairman, BOT dated January 14, 1976) This paragraph is confined only to the following violations committed:
- For operating taxicab with fast meter
- Hostile, arrogant, and discourteous driver
- Discrimination and/or refusal o convey passengers
- Operating with manipulated taximeter
(to make it fast)
First offense ...... 15 days suspension
Second offense . 30 days suspension
Third offense ..... revocation of the driver s license
Second offense . 30 days suspension
Third offense ..... revocation of the driver s license
This Memorandum Circular cancels, and supersedes all prior orders and circulars in conflict herewith and shall remain in force until further Order.
This Memorandum Circular shall takes effect fifteen (15) days after its publication in a Newspaper of general Circulation or in the Official Gazette. Let the three (3) copies hereof be filed with the UP Law Center, pursuant to Presidential Memorandum Circular No. 11, dated 09 October 1992.
So Ordered.
Adopted: 09 Feb. 2007
(SGD.) THOMPSON C. LANTION Chairman |
|
(SGD.) GERARDO A. PINILI Board Member |
(SGD.) MA. ELLEN DIRIGE-CABATU Board Member |