DOTC-LTFRB-LTO impose stricter penalties on public vehicles

The Department of Transport and Communications (DOTC) together with its sub-agenies the Land Transportation Franchising and Regulatory Board (LTFRB), and the Land Transportation Office (LTO) has issued Joint Administrative Order (JAO) No. 2014-01 which aims to impose stricter fines and penalties against erring public utility vehicle (PUV) drivers and operators who are operating illegally or those who will violate their franchise regulations.

"Safety is always our priority. Recent accidents have highlighted the need for harsher penalties to deter illegal PUV practices and to better protect the public. The most significant change we are imposing is the P 1-million fine on colorum bus operators for the first offense, to show that we really mean business in putting an end to their inimical activities which put people’s lives at risk," said Secretary of Transportation Jun Abaya.

Unscrupulous PUV operators have gone as far as tampering chassis, engine, and vehicle unit numbers to circumvent franchise regulations. Some event operate with tampered or improvised license plates.

In aid of the agencies' operation against 'colorum' PUVs, heavier fines and extended periods of impounding will be carried out against violators. The certificate of public convenience (CPC) to which the colorum vehicle belongs will be revoked, as well as their vehicle registrations. They will also be blacklisted from being used as PUVs in the future. For repeat offenders, CPCs of the entire fleet of the operator will be revoked, as well as vehicle registrations and a permanent blacklist.

The order covers other PUV-related violations as well, such as the refusal to render services to the public or to convey passengers to their destination; overcharging; employing reckless, insolent, discourteous, or arrogant drivers; operating PUVs with defective parts and accessories; using tampered taximeters; trip cutting; and others.

PUV drivers were also recently given a zero tolerance on alcohol consumption and drug use while driving; as stated in the implementing rules and regulations released by the DOTC for RA 10586 otherwise known as the Anti Drunk or Drugged Driving Act.

TYPE OF VIOLATION

PENALTIES

1. Colorum Violation - A motor vehicle is considered operating as "colorum" under any of the following circumstances:

A private motor vehicle operating as a PUV but without proper authority from the LTFRB;
A PUV operating outside of its approved route or area without a prior permit from the Board or outside the exceptions provided under existing memorandum circulars;
A PUV operating differently from its authorized denomination (ex. those approved as school service but operating as UV express, or those approved as tourist bus transport but operating as city or provincial bus); and
A PUV with suspended or cancelled CPC and the Decision/Order of suspension or cancellation is executory; and
A PUV with expired CPC and without a pending application for extension of validity timely filed before the Board.

PENALTIES FOR FIRST (1st) OFFENSE

TYPE OF VEHICLE

FINE

Minimum Impounding Period (unit)

Status of CPC

BUS

P1 Million

3 months

1. Revocation of the ENTIRE Certificate of Public Convenience ("CPC") where the apprehended vehicle belongs (except when apprehended vehicle is with private/green plate);

2. Blacklisting of the apprehended vehicle and all other authorized units included in the CPC from being used as a public utility vehicle; and

3. Revocation of the registration of the apprehended vehicle and all other authorized units included in the franchise.

TRUCKS

P200,000

3 months

same as above

JEEPNEY

P50,000

3 months

same as above

VANS

P200,000

3 months

same as above

SEDAN

P120,000

3 months

same as above

P6,000

3 months

same as above

For the commission of 2nd Offense, the penalty shall be:

Revocation of ALL CPCs (entire fleet) of the operator;
Disqualification of the operator, and, in case of a corporation, all its stockholders and directors, to operate any kind of public land transportation;
Blacklisting of ALL authorized units (entire fleet) of the operator from being used as public utility vehicle; and
Revocation of the registration of ALL authorized units (entire fleet) of the operator.

In determining the frequency of offenses, the LTFRB and its RFRBs will count offenses against operators and not against a particular motor vehicle or CPC. Hence, the second apprehension of a vehicle belonging to the same operator, regardless of whether the first and second vehicle apprehended are included in the same or different CPCs, shall be countedas second (2nd) offense.

If a private motor vehicle operating as a PUV but without proper authority from the LTFRB is apprehended, the LTFRB or RFRBs shall, in addition to the abovementioned fines, impounding, and penalty, disqualify the registered owner, and, in case of a corporation, all its stockholders and directors, to operate any kind of public land transportation.

2. Refusal to render service to the public or convey passenger to

Destination *

1st Offense - fine of P5.000.00

2nd Offense - fine of P10,000.00 and impounding of unit for thirty (30) days