[ INTRAMUROS ADMINISTRATION, January 18, 2018 ]
RULES AND REGULATIONS GOVERNING THE ISSUANCE OF PERMIT TO OPERATE OF HORSE-DRAWN CARRIAGES PROVIDING TRANSPORT SERVICES TO TOURISTS
Adopted: 15 December 2017
Date Filed: 18 January 2018
Date Filed: 18 January 2018
Pursuant to the Provisions of Presidential Decree 1616 and its Implementing Rules and Regulations, the Following Rules and Regulations are Hereby Promulgated to Govern the Accreditation of Horse-Drawn Carriages Providing Transport Services to Tourists.
CHAPTER I
DEFINITION OF TERMS
DEFINITION OF TERMS
Section 1. Definition of Terms. When used in these Rules, unless the context otherwise indicates, the following terms shall mean as follows:
a. lA is the Intramuros Administration
b. Horse-drawn carriage shall refer to any and all types such as Caritela , Tartanila , or Caruajes engaged in providing transport services, including sightseeing, to foreign or local tourists for a fee or any form of lawful compensation.
c. Permit to Operate is the permit issued by the lA officially recognizing the holder as having complied with the minimum standards and requirements prescribed for the operation and maintenance of horse-drawn carriages.
CHAPTER II
MINIMUM REQUIREMENTS FOR ISSUANCE OF PERMIT TO OPERATE OF HORSE-DRAWN CARRIAGES
MINIMUM REQUIREMENTS FOR ISSUANCE OF PERMIT TO OPERATE OF HORSE-DRAWN CARRIAGES
Section 1. Minimum Requirements. For purposes of issuance of permit to operate, the following are the minimum requirements for the operation and maintenance of a horse-drawn carriage:
a. Physical appearance of the carriage:
* The carriage shall be made of good quality materials and shall be of excellent workmanship.b. Horse - The horse shall be in good physical condition, based on a certification of a licensed veterinarian after check-up, deworming and vitamins as prescribed.
* It shall be neatly painted with a color/numeral markings duly prescribed or assigned by lA.
* It shall have a non-skid stepping board.
* It shall be clean, well-maintained and provided with comfortable seats.
c. Roadworthiness - The horse-drawn carriage shall be fit for operation on all public thoroughfares.
d. Seating capacity - The horse-drawn carriage shall have a maximum passenger load of four (4) passengers, excluding the driver of the carriage. A tartanilia may carry a maximum of six (6), excluding the driver of the carriage.
e. First-Aid Kit - All horse-drawn carriages shall have a first-aid kit.
f. Horse Waste Receptacle - Every horse-drawn carriage shall have a horse waste receptacle at the rear end of the horse below the tail.
g. Horse-Drawn Carriage Driver - The driver shall be trained, well-groomed,
courteous and shall wear the prescribed uniform and lA ID at all times during actual operating hours and shall provide service that is safe, comfortable and convenient as possible. Moreover, they shall look after the welfare of their respective horses.
h. Horse-Drawn Carriage Operator - the operator must be a holder of permit to operate as required by the rules. They shall likewise be accountable for the acts of their drivers when in operation.
i. Routes - The horse-drawn carriages shall serve routes which are considered tourist zone/belt areas and shall not disrupt the normal flow of traffic as identified by lA in the attached map, and made an integral part of this rules and regulation.
j. Fares - The horse-drawn carriage driver shall charge only such fares for his services as may be approved or fixed by lA.
CHAPTER III
APPLICATION FOR PERMIT TO OPERATE
APPLICATION FOR PERMIT TO OPERATE
Section 1. Who May Apply. A resident Filipino citizen who is at least eighteen (18) years of age, physically and mentally fit and of good moral character may apply for accreditation to operate horse-drawn carriages in Intramuros.
Section 2. Documents Required to Support Application for permission to Operate a Horse-drawn Carriage that is Providing Transport Services to Tourists. The application for accreditation shall be accompanied by the following documents:
a. Proof/Certificate that the driver has attended a seminar for horse-drawn carriages driver conducted by the Department of Tourism (DOT) or any organization duly authorized by the Department;
b. Police clearance;
c. Barangay clearance;
d. Certificate of good health issued by a duly licensed physician and veterinarian for the horse-drawn carriage driver and horse, respectively;
e. Negative Results of Standard Drug Testing from Accredited Government
Hospitals; and
f. Other documents that the lA may require from time to time.
CHAPTER IV
ISSUANCE OF PERMIT TO OPERATE
ISSUANCE OF PERMIT TO OPERATE
Section 1. Issuance of Permit to Operate and lA Sticker. If the applicant has satisfactorily complied with the minimum standards and the prescribed documentary requirements, the lA shall then issue a Permit to Operate and lA sticker.
Section 2. Validity of Permit to Operate and lA Sticker. The certificate of accreditation and sticker shall be valid for a period of one (1) year from the date of issue, unless sooner withdrawn or cancelled for cause by lA.
Section 3. Fee. A Permit Fee of One Thousand and Five Hundred Pesos (P1,500.00) shall be collected from the applicant that has complied with the minimum standards and requirements for accreditation.
Section 4. lA Sticker. lA sticker shall be issued to all accredited horse-drawn carriages providing transport services to tourists.
Section 5 Issuance of the lA Identification Cards. The lA (ID) card shall be issued to a bonafide horse-drawn carriage driver upon approval of the accreditation.
Section 6. Display of lA Sticker. The lA Sticker duly issued to a horse-drawn carriage providing transport services to tourists shall be displayed in a conspicuous place of the horse-drawn carriage.
Section 7. Non-transferability of Permit to Operate and lA Sticker. The rights and privileges granted under the accreditation shall be non-transferable.
Section 8. Surrender of ID card and Sticker. The horse-drawn carriage operator/driver who has ceased to be such shall immediately surrender his/her ID card and Sticker to lA.
CHAPTER V
INSPECTION
INSPECTION
Section 1. Creation of an Inspection Team. lA shall create an inspection team composed of at least two (2) members from the Urban Planning and Community Development Division (UPCDD) to conduct an inspection of the horse-drawn carriage to determine whether it meets the minimum standards set by the IA.
Section 2. Inspection Checklist to be Accomplished During Ocular Inspection of Horse-drawn carriages. The team shall provide itself with a set of inspection checklist of minimum standard requirements for the horse-drawn carriage. All deficiencies found as well as the requirements duly complied with shall be noted in the checklist.
Section 3. All Observations of the Applicant to be Entered in the Checklist. Any observation of the applicant or his/her duly authorized representative present at the time of the inspection on any adverse findings of the team shall be entered in the checklist. The applicant shall then be furnished with a copy of the accomplished checklist.
Section 4. Report of the Team. Within five (5) days from the date of inspection of the horse-drawn carriage, the team shall render a report of its findings and recommendations.
Section 5. Defects and Deficiencies Found During the Inspection. Where certain defects and deficiencies have been found in the course of the inspection, lA shall serve notice and give direction to the owner or operator to rectify the defects or deficiencies within a reasonable period of time.
Section 6. Periodic Inspection. When necessary or when the public interest and safety dictates, the lA may send a team to inspect whether the accredited horse is being kept and/or managed in a manner conformable to the standards set under the Philippine Animal Welfare Law and its Implementing Rules and Regulations. The inspection shall be conducted at a reasonable time of the day with due regard and respect to the right of privacy of parties concerned.
Section 7. Penalty for Failure to Remedy the Defects and Deficiencies. If the applicant fails to remedy the defects or deficiencies noted in the Inspection Report, the Department may upon due notice cancel the accreditation and demand the return of the lA sticker.
CHAPTER VI
GROUNDS FOR CANCELLATION OF PERMIT TO OPERATE
GROUNDS FOR CANCELLATION OF PERMIT TO OPERATE
Section 1. Grounds for the Cancellation of Permit to Operate. Any of the following acts or omissions shall be sufficient grounds for the suspension or revocation of accreditation:
a. Making any false declaration or statement or making use of any such declaration or statement or any document containing the same; or committing fraud or any act of misrepresentation for the purpose of obtaining the grant of accreditation provided that the cancellation of accreditation as herein stated shall be without prejudice to any action which may be initiated against the violator.Section 2. Violation/s of the rules shall warrant the following penalties:
b. Failure to maintain the standards and requirements for accreditation as prescribed in these rules;
c. Violation of or non-compliance with any of the provisions of these rules, promulgated orders, decisions and circulars issued by the Department and other concerned government agencies;
d. Promoting, facilitating or conducting activities constituting prostitution or other illegal undertakings as part of a tour for both foreign and domestic tourists;
e. Gross and evident bad faith in dealing with passengers or fraudulent
solicitation of business;
f. Allowing an individual without lA Identification Card to drive a horse-drawn carriage with lA sticker.
g. Plying routes other than those designated by lA;
h. Overloading or exceeding the maximum number of passengers;
i. Any act of fare overcharging committed by the driver;
j. Any act of discourtesy by the driver to the passenger;
k. Any act of cruelty to the horse committed by the driver; and
I. Any other act or omission inimical to the interest of the tourism industry.
* First Offense - Suspension of Permit to Operate for 5 days
* Second Offense - Suspension of Permit to Operate for 15 days
* Third Offense - Revocation of Permit to Operate for one (1) year.
CHAPTER VII
GROUNDS FOR DISQUALIFICATION OF APPLICATION FOR PERMIT TO OPERATE
GROUNDS FOR DISQUALIFICATION OF APPLICATION FOR PERMIT TO OPERATE
Section 1. Grounds for Disqualification of Application for Permit to Operate. Any person who has been convicted by final judgment of a criminal offense defined by the penal laws and statutes or whose accreditation has been cancelled/revoked shall be disqualified to apply for accreditation.
However, those who already finished serving their sentences and possess good moral turpitude maybe allowed to apply for permit to operate. Further, those whose permit to operate was revoked due to violation/s of the rules maybe also allowed to apply the same.
CHAPTER VIII
MISCELLANEOUS PROVISIONS
MISCELLANEOUS PROVISIONS
Section 1. Confidential Character of Data. Information and documents received or filed with the lA in pursuance of the requirements of these Rules shall be treated as confidential and shall not be divulged to any party without the consent of the applicant concerned.
Section 2. Separability Clause. The provisions of these Rules are separable and should any of said provisions or part thereof be declared invalid, the validity of all the other provisions shall not be affected by such declaration.
Section 3. Repealing Clause. All existing memorandum circulars, orders or rules and regulations issued by the Department of Tourism and/or lA which are inconsistent with the provisions of these rules and regulations are hereby repealed and/or modified accordingly.
Section 4. Effectivity. This rules and regulations shall take effect upon approval of the Intramuros Board of Administrators and fifteen (15) days after publication in the Official Gazette or in a newspaper of general circulation in the Philippines.
Done this 15th day of December 2017 in Intramuros, City of Manila.
(SGD) ATTY. GUILLER B. ASIDO
Administrator of Intramuros Administration
Administrator of Intramuros Administration