MUNICIPAL ORDINANCE NO. 2017-10

AN ORDINANCE PROVIDING FOR MOTORIZED TRICYCLE FOR HIRE (MTH) GUIDELINES, REGULATIONS AND OPERATIONS AND PROVIDING PENALTIES FOR VIOLATION THEREOF.

BE IT ORDAINED by the Sangguniang Bayan of Lupon, Davao Oriental in session assembled that:

SECTION 1. Title – This ordinance shall be known as “Motorized Tricycle for Hire (MTH) Regulations Ordinance of 2017.”

SECTION 2. Purpose and Scope – Pursuant to Republic Act No. 7160, otherwise known as the Local Government Code of 1991, the Municipality of Lupon shall exercise the devolved powers to regulate the operation of all motorized tricycle for hire (MTH) within the territorial jurisdiction of this local government unit.

SECTION 3. Definition of Terms – As used in this Ordinance, the following terms shall be understood, construed, and shall mean as follows:

Motorized Tricycle for Hire – A motor vehicle composed of a motorcycle fitted with a single wheeled side car, or with a center cab operated to render transport services to the general public for a fee.
Motorized Tricycle Operator’s Permit or MTOP – The document granting franchise or license to operate issued under this Ordinance to a person, natural or juridical, allowing such person to operate motorized tricycle for hire within the Municipality of Lupon.
SECTION 4. Life of the MTOP – The MTOP shall be valid for three (3) years, renewable for the same period. Change of ownership or unit or transfer of MTOP shall be construed as an amendment to the MTOP and shall require appropriate approval of the Municipal Tricycle Franchising and Regulatory Board upon application/petition.

SECTION 5. Licensed Driver – Operator shall employ only drivers duly licensed by LTO for Motorized Tricycle for Hire.

SECTION 6. Body Color and Route Markings – Aside from the yellow LTO register plate, a Tricycle shall bear the following markings/signs:

“Municipality of Lupon” painted symmetrically;
The entire body of the unit shall be painted with “Red”;
Assigned MTOP identification number, painted boldly at the front, back view and right and left side of the tricycle;
The lettering of the route/identification shall be in black and white with background of not less than three (3) inches in length;
Name of franchise holder/operator, printed in full at the right, left and front side of the tricycle for hire.
SECTION 7. Load Limit – The maximum number of seating capacity of public transport vehicle shall be strictly observed, as follows:

Motorized Tricycle/Pedicab – maximum of six (6) children-passengers and other passengers;
Topdown – maximum of five (5) children-passengers and other passengers;
Tuktok/Kumong-kumong/Bajaj RE – maximum of five (5) children-passengers and other passengers;
SECTION 8. Proper Attire and Identification Card – All drivers shall wear proper attire such as t-shirt, long pants and shoes. Wearing of sandoes and slippers is strictly prohibited.

All MTH shall be required to display the ID of the Driver at the conspicuous place inside the vehicle visible to the passengers. Likewise the picture of the unit shall be displayed parallel to the Driver’s ID.

SECTION 9. Confiscation of Driver’s License – The license of the driver of the MTH unit that violates any provision of this Ordinance shall be confiscated and a Traffic Citation Ticket (TCT) shall be issued for any violation thereof and the same shall be submitted to the MTFRB for disposition and appropriate action.

As used in this Ordinance, a TCT is a summon or citation in writing issued to a person violating any of the provision of this Ordinance or traffic ordinances, rules and regulations of the municipality regarding MTH operation informing him to answer within seven (7) working days to the charge against him at the Office of the MTFRB and thereafter settle the administrative fine thereof at the Office of the Municipal Treasurer.

SECTION 10. Prohibition – No tricycle should be operated on national highways utilized by 4-wheel vehicles greater than 4 tons and where normal speed exceeds 50 kph. However, the Municipal Tricycle Franchising and Regulatory Board (MTFRB) may provide exceptions, if there is no other alternative route.

SECTION 11. Suspension or Stoppage of Service – An operator who wishes to stop service completely or to suspend service for more than one month, should report in writing such termination or suspension to the office herein called the Municipal Tricycle Franchising and Regulatory Board.

SECTION 12. Forfeiture of MTH Unit – An MTH unit operating without MTOP shall be impounded and can be released only upon payment of the Administrative Fine as follows:

First Offense – P 1,000.00

Second Offense – 1,500.00

Third Offense – 2,500.00

Impoundment for six (6) months

SECTION 13. Recognized Association – There shall only be one Tricycle Operators and Drivers Association to be recognized by the MTFRB. The only recognized association shall be the Lupon Operators and Drivers Association (LUPODA). Such association shall recommend to the MTFRB the grant of franchise to qualified MTOP applicants.

SECTION 14. Failure to Convey Passengers – Any driver who refuses or denies to convey any passenger to his/her destination or who is selective in soliciting or loading passengers, without justifiable cause, shall be subjected to a summary investigation by the MTFRB, upon filing of a complaint by the concerned passenger/s. For the purpose of this provision, justifiable cause shall mean emergency cases only. If found guilty by the MTFRB, the driver shall be pay a penalty of Five Hundred (P 500.00) Pesos, and the MTOP shall be suspended for one (1) month.

SECTION 15. Disposition of Fines – All fines/forfeitures collected for the violation of any provision of this Ordinance shall be paid to the Municipality through the Municipal Treasurer and deposited under the General Fund of the municipality.

SECTION 16. Penalty Clause – Any violation of any provision/s of this Ordinance shall upon conviction thereof be punished by an imprisonment of not more than six (6) months or by a fine of P2,500.00 or both at the discretion of the court, except for sections where penalties or fines are properly provided. Provided however, that if the violator is a group, or partnership, or corporation, or any legal entity, its President, Manager, or the Officer who is responsible, therefor shall be penalized accordingly.

SECTION 17. Repealing Clause. All ordinances, as well as pertinent rules and regulations thereof, which are inconsistent with the provisions of this Ordinance are hereby repealed or amended accordingly.

SECTION 18. Separability Clause. If, for any reason or reasons, any part or provision of this Ordinance shall be held to be unconstitutional or invalid, other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect.

SECTION 19. Transitory Provision. All tricycle operators and drivers are required to settle their 2017 obligations. Failure to do so shall be a ground for non-renewal of their MTOP effective 2018.

SECTION 20. Effectivity. This Ordinance shall take effect upon its approval and publication in any newspaper of local circulation and the posting thereof in bulletin boards at the entrance of the municipal hall and in at least two other conspicuous and publicly accessible places within the territorial jurisdiction of the municipality.

ENACTED by the SANGGUNIANG BAYAN of the Municipality of Lupon this 9th day of October 2017.

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