LTFRB MEMORANDUM CIRCULAR GT NO. 2007 – 005, February 09, 2007

[ 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 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 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

For any of the following offense:

Operating outside authorized lines

Operating taximeter seal with wire cut

Third offense ………. Php2,000.00

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

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.

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

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

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