This proposed ordinance aims to regulate public transportation in Lanao del Sur province. It establishes a Municipal Tricycle Franchising and Regulatory Board in each municipality and city to oversee matters related to tricycle and public utility vehicle franchising, fare adjustments, and enforcement of transportation regulations. The ordinance mandates discounts for students, persons with disabilities, and senior citizens, and defines prohibited acts like overcharging, operating without permit, and violating trip order. Penalties for violations include permit suspension or fines. The goal is to promote consumer welfare, uphold social welfare, and deter ambiguous fare practices through government intervention and regulation of the public transportation sector.
This proposed ordinance aims to regulate public transportation in Lanao del Sur province. It establishes a Municipal Tricycle Franchising and Regulatory Board in each municipality and city to oversee matters related to tricycle and public utility vehicle franchising, fare adjustments, and enforcement of transportation regulations. The ordinance mandates discounts for students, persons with disabilities, and senior citizens, and defines prohibited acts like overcharging, operating without permit, and violating trip order. Penalties for violations include permit suspension or fines. The goal is to promote consumer welfare, uphold social welfare, and deter ambiguous fare practices through government intervention and regulation of the public transportation sector.
This proposed ordinance aims to regulate public transportation in Lanao del Sur province. It establishes a Municipal Tricycle Franchising and Regulatory Board in each municipality and city to oversee matters related to tricycle and public utility vehicle franchising, fare adjustments, and enforcement of transportation regulations. The ordinance mandates discounts for students, persons with disabilities, and senior citizens, and defines prohibited acts like overcharging, operating without permit, and violating trip order. Penalties for violations include permit suspension or fines. The goal is to promote consumer welfare, uphold social welfare, and deter ambiguous fare practices through government intervention and regulation of the public transportation sector.
3 4 5 INTRODUCED BY: AMALIAH SULTANBATAO 6 7 8 AN ORDINANCE PROVIDING REGULATIONS FOR THE OPERATION 9 OF PUBLIC TRANSPORT IN LANAO DEL SUR, PROVIDING 10 PENALTIES THEREOF AND FOR OTHER PURPOSES 11 12 WHEREAS, the 1987 Constitution provides that the maintenance of peace and order, the 13protection of life, liberty and property, and promotion of general welfare are essential for the 14enjoyment by all people of the blessings of democracy; 15 16 WHEREAS, Executive Order No. 202 s.1987 SECTION 7. Creation of Regional 17Franchising and Regulatory Offices. There shall be a Regional Franchising and Regulatory 18Office in each of the administrative regions of the country which shall be headed by a Board 19Regional Manager having the rank, salary and privileges of a Department Assistant Regional 20Director. The Regional Franchising and Regulatory Offices shall hear and decide uncontested 21applications/petitions for routes, within their respective administrative regions: Provided, That 22applications/petitions for routes extending beyond their respective territorial jurisdictions shall be 23heard and decided by the Board. 24 25 WHEREAS, the public transport particularly the tricycle-for-hire is an 26important part of the city and municipalities’ socio-economic endeavors since it provides the 27typical residents of Marawi City a means of transportation and mobility in doing day-to-day 28activities; 29 30 WHEREAS, tricycle-for-hire issues such as fare increase, ambiguous fare 31practices, and penalty fee regulations when not effectively resolved would cause a setback to the 32local government’s promotion of social welfare; 33 34 WHEREAS, Section 458 (a) (3) (vi) of the Republic Act No. 7160 otherwise known as 35the Local Government Code of 1991 empowers the Sangguniang Panlungsod and Sannguniang 36Bayan to regulate the operation of tricycles and grant franchises for the operation thereof within 37the territorial jurisdiction of the City, subject to the guidelines prescribed by the Department of 38Transportation; 39 40 NOW, THEREFORE , as lobbied by Amaliah S. Sultanbatao through the Sangguniang 41Panlalawigan , be it , 42 43 RESOLVED, as it hereby resolved, to enact this ordinance 44 45 46 INTRODUCED BY: AMALIAH SULTANBATAO 47 48 49 AN ORDINANCE PROVIDING REGULATIONS FOR THE OPERATION 50 OF PUBLIC TRANSPORT IN LANAO DEL SUR, PROVIDING 51 PENALTIES THEREOF AND FOR OTHER PURPOSES 52 53 54Section 1: Short Title – This ordinance shall be known as “Transportation Fare Regulation 55Ordinance of Lanao Del Sur” 56 57Section 2: Coverage – All Municipalities in Lanao Del Sur including the City of Marawi. 58 59Section 3: Definition of terms – the words in this ordinance are used as defined as follows ; 60 61 a) Tricycle-for-hire - shall mean a motor vehicle composed of a motorcycle fitted with a 62 single-wheel side car or a motorcycle with two-wheel cab operated to render transport 63 services to the general public for a fee and are considered to be with franchise 64 sanctioned by the LTFRB and the Provincial Government. 65 b) Public Utility Vehicle – refers to a shared passenger-transport service which is 66 available for use by the general public, i.e franchised tricycle-for-hire, PUJ etc. 67 68 c) Fare Adjustment – refers to the systematic revision/increase/decrease and reasonable 69 implementation of a particular public transport fare based on reasonable grounds, as 70 agreed by all parties concerned; both the transport sector and the riding public. 71 72 d) Petition for Fare Increase – refers to the request or appeal of the public transport or 73 any riding public sector addressed to the LTFRB, to increase or decrease the existing 74 fares of the riding public for the approval of the Provincial Government of Lanao Del 75 Sur 76 77 e) Fare Matrix – Refers to a small publication of fare prices and the contact number/s of 78 LTFRB that shall be placed inside the Public Utility vehicles visible to the 79 passengers. 80
81 f) Permit – is a document granting franchise or license to a person, natural or juridical,
82 allowing such person to operate Public Utility Vehicle for hire over specified zones. 83 84Section 4: Discounts – All Public Utility vehicles shall provide 20% discount to the 85following persons, consistent to the existing laws ; 86 87 a) Students – as provided under RA 11314 or “Student Discount Act” section 5; 88 b) Persons With Disabilities (PWDs) – as provided under RA 10754 section 1 89 paragranph a sentence 6 and 7; 90 c) Senior Citizens – as provided under RA 9994 section 4 paragraph a sentence 5 and 91 6. 92 93Section 5: Declaration of Policy - It is the policy of Provincial Government to regulate 94public transportation as a viable way of promoting consumer welfare, thus, thru the creation of 95the Board, it shall oversee the implementation of public transport regulatory policies towards 96upholding the welfare of the riding public; it shall also exercise government intervention so as to 97protect the interest of the transport sector industry as a way of maximizing social welfare in all 98sectors of the Province. 99 100Section 6: Creation of the Board – Each municipal and the city of Marawi shall establish the 101Municipal Tricycle Franchising and Regulatory Board and City Tricycle Franchising and 102Regulatory Board as well as LTFRB. 103 104Section 7: Objective – the MTFRB and LTFRB shall have the main objective in determination 105of Tricycle and PUV application, its suspension of cancellation, and fare adjustment subject to 106the approval of Sangguniang Panglungsod(for the City of Marawi) and/or Sangguniang Bayan . 107It shall ensure the protection of consumer welfare by making public transport fares affordable at 108all times. As such, it shall also safeguard the public against excessive charging that may be 109penetrated within the system of the transport sector in the Province of Lanao del Sur. The Board 110shall further help deter the practice of ambiguous public transport fares in the Municipalities and 111Marawi City which may lead to “fare evasion”, or conflicts between public transport 112operators/drivers and the riding public. 113 114Section 8: Composition of the Board - there is hereby created a municipal tricycle franchising 115regulatory board to be composed of the following; 116 117 Vice Mayor – Chairman 118 SB Chairman-Com. On Transportation & Communication - V-Chairman 119 Chief, Licensing & Inspection Section - Member 120 President-Tricycle Operator’s & Drivers Association - Member 121 Chief of Police – PNP - Member 122 SB Secretary - Member 123 Land Transportation Office (LTO) – Chief -Member 124 125Section 9: Functions, Duties and Responsibility of the Board ; 126 127 a) To approve and/or cancel Permit to the Sangguniang Bayan/Panlungsod. 128 b) Accept and process application for tricycle and PUV franchising 129 c) Recommend to the Sanggunian the reasonable fees and related charges in the 130 regulations of tricycle-for-hire and PUV after conducting a public hearing for that 131 purpose. 132 d) Promulgate rules and regulations for the proper enforcement of this ordinance which 133 shall continue to be in full force and effect until revoked or modified by the 134 Sanggunian. 135 e) Perform such other duties and functions as may hereafter be authorized by the 136 Sanggunian. 137 f) To serve as an advisory panel and recommend to the Sangguniang on matters relating 138 to the determination of public transport fares, including fare increases, accurate fare 139 adjustments, viable routes of service, zones, clusters and areas of the City, in line with 140 the existing policies, laws, rules and regulations of the Land Transportation 141 Franchising Regulatory Board (LTFRB), subject to a mandatory deliberation and 142 consultation of the public. 143 144Section 10: Prohibited Acts; 145 146 a) Overcharging – The driver of the PUV or Tricycle shall not charge more than the 147 standard price indicated on fare matrix, unless there is an agreement between the 148 driver and the passenger. 149 b) Illegal terminal – The drivers shall not create or establish any terminal without the 150 permission of the Board. 151 c) Breaking the Trip order- for the fairness, there shall be a “trip order” wherein the 152 tricycles and PUVs shall have a succeeding order of trip with a first come first serve 153 order. 154 d) Colorum – Operating without permit issued by the board shall be prohibited. 155 156Section 11: Penalties – Any violation of the provisions of this ordinance shall be penalized. 157 158 a) First Offense – one month suspension of Permit or a fine not more than five thousand 159 pesos (5,000) 160 b) Second Offense – five months suspension of Permit or a fine not more than ten 161 thousand pesos (10,000) 162 163 c) Final offense – Permanent suspension of Permit or a fine not more than twenty five 164 thousand pesos (25,000) or imprisonment of not more than one month or both fine 165 and imprisonment, at the discretion of the court. 166 167 The Drivers/PUV operators shall only be allowed to operate after the payment of 168 penalties. 169 170Section 12: Repealing Clause – All ordinances, rules and regulations, or parts thereof, whose 171provisions are in conflict with, or contrary to the provisions of this ordinance are hereby 172repealed, modified or amended accordingly. 173 174Section 13: Effectivity Clause – This Ordinance shall take effect one week upon its publication 175in Local Newsportals of Lanao Del Sur . 176 177 178 179 180Amaliah Sultanbatao 181Mulondo, Lanao Del Sur