[ LTFRB MEMORANDUM CIRCULAR NO. 2009-016, August 10, 2009 ]

AMENDMENT OF MEMORANDUM CIRCULAR 2007-008 AND RELATED MCS ON TRANSIT ADVERTISEMENT



The proliferation of unregulated advertisements in PUVs, most of which had no prior approval and in violation of existing Circulars, has come to the attention of the Board. In consultation with the transport leaders, the commuting public and other stakeholders, the concerns for the safety, comfort and convenience of passengers and the general public, vis- -viz the financial and/or economic gains of transit commercial advertisement were exhaustively deliberated upon. In view of these valid concerns, the Board, in the exercise of its regulatory powers mandated by Executive Order No. 202, dated June 19, 1987, hereby liberalizes its policy on the issue subject to applicable policy guidelines reiterated hereunder and further conditions/restrictions, thus:

1. Transit advertisement shall be limited to the body of the Buses and toppers for PUJs and Taxis. Limited portion of PUB windows and at the back of Taxis may be allowed provided that it be in a œperforated  form. Tourist Transport, GT Express Service, TH, and School Service should not be allowed;

2. Transit ads shall not constitute traffic hazard, nor compromise the safety, comfort and convenience of passengers, in particular, and the public, in general;

3. All advertising matters to be installed shall conform to the standards relative to morality, decency, and public safety in accordance with Advertising Code of Standards. Neither political ads, any cigarette brand or product advertisement, nor those offensive to the senses shall be allowed;

4. PUV identification and operational information must not be hindered. Specifications of mandatory identification markings including, but not limited to, company and/or trade name, license plate, body number, and œHow ™s my Driving? Call or Text LTFRB Hotline 0921-448-777, City or Provincial mode of operation, authorized route, mandated by previous Memorandum Circulars should not be reduced, diminished, nor obscured;

5. The company/trade name marking at the sides of the bus, shall be at no less than eight inches (8 ) in height. It shall be in a color that is directly in contrast with the substantial color of the ads, with a white background at no less than two (2) inches margin wider than the outermost end of the characters, so as not to make it difficult for the public to identify the PUV;

6. The mandatory markings at the back of the bus must likewise be painted on top of a white background at the lower portion at the back of the bus;

7. Application for the installation of transit advertising shall be processed/approved by the Board as an ordinary application/petition duly filed/submitted by the Franchisee.

7.1 In addition to the mandatory filing fees, the applicant shall likewise be assessed ADVERTISING PERMIT FEE, thus:

a. Bus - Php10,000.00 for the first five (5) units and Php1,000.00 per succeeding unit(s) per year;
b. Taxi - Php7,500.00 for the first five (5) units and Php500.00 per succeeding unit(s) per year;
c. PUJ and other modes of transportation - Php5,000.00 for the first five (5) units and Php400.00 per succeeding unit(s) per year.

8. PENAL CLAUSE

Any operator who allows, consents or tolerate advertising matters on any of its/her/ his vehicle(s) in the violation of the specifications and standard provided for under this Memorandum Circular shall, upon proper verification, pay a fine of P10,000.00 for the first offense, P20,000.00 for the second offense and revocation of the franchise for the third offense.

This memorandum circular shall take effect fifteen (15) days after the filing of three (3) copies hereof with the U.P. Law Center, in accordance with Presidential Memorandum Circular No. 11 dated October 9, 1992.

SO ORDERED.

Adopted: 10 Aug. 2009

(SGD.) ALBERTO H. SUANSING
Chairman

(SGD.) MARIA ELLEN DIRIGE-CABATU
Board Member
(SGD.) GERARDO A. PINILI
Board Member