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LTFRB was created under Executive Order 202 dated June 19, 1987.

LTFRB was created under Executive Order 202 dated June 19, 1987. Powers & Functions 1. to prescribe and regulate routes of service 2. to issue, amend, revise, suspend or cancel CPC 3. to determine, prescribe and approve fare rates

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LTFRB was created under Executive Order 202 dated June 19, 1987.

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  1. LTFRB was created under Executive Order 202 dated June 19, 1987. Powers & Functions 1. to prescribe and regulate routes of service 2. to issue, amend, revise, suspend or cancel CPC 3. to determine, prescribe and approve fare rates 4. to issue preliminary or permanent injunction 5. to punish for contempt 6. to issue subpoena and subpoena ducestecumand to summon witness to appear 7. to conduct investigations and hearings of complaints for violation of the public service law 8. to review motuproprio the Decisions of the Regional Office 9. to promulgate rules and regulations governing proceedings before the LTFRB 10. to fix , impose and collect, and periodically review and adjust reasonable fees and other related charges for services rendered 11. to formulate, promulgate, administer, implement and enforce rules and regulations on land transportation public utilities, standards of measurement or designs, and rules and regulations requiring operators of any public land transportation service to equip, install and provide in their utilities and in their stations. 12. to perform such other powers, functions and duties

  2. What is public service? Public Service Act (b) The term "public service" includes every person that now or hereafter may own, operate, manage, or control in the Philippines, for hire or compensation, with general or limited clientele, whether permanent, occasional or accidental, and done for general business purposes, any common carrier, either for freight or passenger, or both with or without fixed route engaged in the transportation of passengers or freight or both, (c) The word "person" includes every individual, co-partnership, joint-stock company or corporation, whether domestic or foreign, their lessees, trustees, or receivers, as well as any municipality, province, city, government-owned or controlled corporation, or agency of the Government of the Philippines, and whatever other persons or entities that may own or possess or operate public services. (As amended by Com. Act 454 and RA No. 2677)

  3. Section 14. The following are exempted from the provisions of the preceding section: • (a) Warehouses; • (b) Vehicles drawn by animals and bancas moved by oar or sail, and tugboats and lighters; • (c) Airships within the Philippines except as regards the fixing of their maximum rates on freight and passengers; • (d) Radio companies except with respect to the fixing of rates; • (e) Public services owned or operated by any instrumentality of the National Government or by any government-owned or controlled corporation, except with respect to the fixing of rates. (As amended by Com. Act 454, RA No. 2031, and RA No. 2677) • Section 15. With the exception of those enumerated in the preceding section, no public service shall operate in the Philippines without possessing a valid and subsisting certificate from the Public Service Commission known as "certificate of public convenience," or "certificate of public convenience and necessity," as the case may be, to the effect that the operation of said service and the authorization to do business will promote the public interests in a proper and suitable manner.

  4. MEMORANDUM CIRCULAR 2011-004 Subject: 2011 Revised Terms and Conditions of CPC and Providing Penalties for Violations Thereof • The PUV operator shall ensure that the commuting public has adequate, safe, convenient, environment-friendly and dependable public land transportation services at reasonable rates through the strict implementation of land-based transportation policies, programs, and project responsive to an investment-led and demand-driven industry, and in adherence to the provisions of the Clean Air Act and other related environmental laws. • The PUV operator shall prohibit smoking or the act of carrying a lighted cigarette or other tobacco products within the terminal/garage or inside all PUVs and shall cause the prominent display of the “No Smoking” signs within the premises of the terminal/garage and inside all PUVs.

  5. The PUV operator shall not resort to cessation of service as a sign or demonstration of protest against any government decision or action under pain of suspension or cancellation of the authority to operate granted by the Board nor shall the operator tolerate, allow or authorize personnel to join others committing acts prejudicial to the riding public, including, but not limited to, paralyzing transport services by intimidation, coercion or violence. • The PUV operator shall give his/her/its customers or users, all information and assistance pertaining to his services in order that they may secure proper, efficient and economical service.

  6. It shall be unlawful for any PUV operator to cause, allow or in any manner help or consent to the registration in his/her/its name fictitiously, surreptitiously or otherwise any equipment belonging to another person and/or to cause, allow or in any other manner help or consent to the operation of the same or of any other equipment, under his/her/its CPC. • The PUV operator shall operate the unit/s authorized and registered pursuant to the authority granted only on the route authorized in the CPC unless otherwise authorized by the Board. • • The PUV operator shall not allow any motor vehicle belonging to others to be registered and/or operated under the CPC granted. (kabit system) • • The PUV operator shall not allow any illegal transfer of motor vehicle plate/s or illegally reproduce the same (known as kambalplaka) for the use by unauthorized motor vehicle units.

  7. Penalties for Kabit System and KambalPlaka 1st Offense -Suspension of CPC where unit involved is included for a period of six (6) months 2nd Offense -Cancellation of CPC where unit involved is included 3rd Offense -Cancellation of all CPCs and perpetual disqualification to be a grantee of CPC for any mode of transport • The PUV operator shall not allow the illegal use or transfer of chassis or engine motor (known as “pukpok chassis) for the use of unauthorized PUVs. 29. The PUV operator shall employ drivers, conductors, inspectors and other personnel who are courteous and of good moral character. In no case shall the PUV operator employ any person who has been convicted by a competent court of homicide and/or serious physical injuries, theft, estafa, robbery and crimes against chastity, unless with prior written approval by the Board.

  8. 30. PUV operators are prohibited from employing drivers who do not have a valid professional driver’s license and appropriate restriction code. 31. The PUV operator and their drivers shall attend trainings/seminars on transport management, road safety and good driving habits to be conducted/accredited by the Board. 32. Before accepting or hiring drivers and conductors, the PUV operator shall subject them to orientation and rigid examinations pursuant to existing laws, policies, rules and regulations. In the course of employment, the PUV operator shall at his/her/its own expense, mandatorily conduct or cause the conduct of training and/or seminars of his/her/its drivers, conductors/ress, inspectors and other concerned personnel. 36. The PUV operator shall seek confirmation of his/her/its franchise with the Board prior to registration of the authorized unit/s with the Land Transportation Office. Failure to confirm for two (02) consecutive years shall result in the cancellation of franchise.

  9. 44. Accident. The PUV operator shall keep a record, in chronological order, of all accidents that may occur in connection with the operation of PUVs, including the nature, causes, consequences and measures undertaken to avoid recurrence (including financial assistance or help to accident victim/s). A detailed report should be submitted to the Board on/or before the 10th day of the following month. Failure to do so shall be subject to the penalties as may be imposed by the Board on the erring PUV operator. 45. Accidents which result in the death or physical injuries shall be reported to the Board within seventy-two (72) hours from their occurrence. Failure to do so shall be subject to the penalties as may be imposed by the Board on the erring PUV operator. 46. In cases of accidents resulting to death or physical injuries, the Board may, prior to the hearing, suspend for a period not exceeding thirty (30) days any certificate of public convenience granted, whenever it is necessary to avoid further injuries or damages, which may result in the continued operation of the business.

  10. 47. HIT & RUN - All PUV operators, drivers, and/or conductors shall render immediate assistance to the victim/s of accidents by bringing them to the nearest hospital for medical assistance, or immediately report the accident to the nearest police station for investigation. • Failure to do so shall be deemed “HIT AND RUN” accident and shall cause the suspension for a period of thirty (30) days of all the authorized units under the franchise number where the involved motor vehicle is included. 1st Offense fine of P2,000.00 2nd Offense fine of P3,000.00 with suspension of CPC for sixty (60) days and confiscation of “for hire plates” 3rd Offense fine of P5,000.00 and cancellation of CPC

  11. MEMORANDUM CIRCULAR 2012-007 Subject: Amendment to MC2011-014, re: SAFETY COMPLIANCE ORDERS • If it is shown by an official police report or any other convincing evidence that the accident was due solely to the fault or negligence of the PUV’s driver, the Operator concerned shall cause all the drivers of his entire fleet to undergo ROAD SAFETY SEMINAR conducted by any government or private entity accredited by the LTFRB within thirty (30) days from receipt of the safety compliance order; cause all the drivers of the entire fleet to undergo DRUG TESTING by a drug testing center duly accredited by the Department of Health and Land Transportation Office, within thirty (30) days from receipt of said order.

  12. If it is shown by an official police report or any other convincing evidence that the accident was caused by mechanical failure or improper vehicle maintenance of the vehicle involved, the operator concerned shall subject the entire fleet for ROADWORTHINESS INSPECTION by the LTO-MVID or any other qualified entity within ten (10) days from receipt of the Safety Compliance Order, and submit among other proofs, a video clipping of such roadworthiness inspection in the presence of a duly authorized representative from the LTO and LTFRB. The foregoing requirements shall be applicable on a per incident basis regardless of time lapses from the last previous inspection, seminar or drug test conducted. Failure to comply strictly with any of the foregoing provision and/or to submit proofs of compliance therewith shall be sufficient grounds for the suspension or cancellation of the franchise of the operator’s entire fleet.

  13. Memorandum Circular 2012-022 subject: Granting of Provisional Authority for Trucks for Hire Transport Service • If an Applicant for TH Service intends to be given provisional authority, the necessary pleading should be filed together with the application for TH Transport Service. • The Application should include all the documentary requirements (including valid and existing Hauling Contract, sketch/dimensions of garage and the corresponding TCT or Contract of Lease). • Applicant shall submit the Certificates of Registration (CR) and Official Receipt (OR) in the name of applicant, and Stencil of Chassis and Motor Numbers to prove the existence of all units. No pro-forma invoice, sales receipts or delivery receipts shall be allowed. • The Applicant should submit the corresponding Comprehensive Insurance Coverage for each unit covered by the application.

  14. The applicant shall likewise pay the necessary fees for the request for Provisional Authority. • Upon evaluation of the documents submitted, the corresponding Order shall be issued by the Office where the application was filed. The Order should state the period covered by the Provisional Authority. A copy of the Order granting Provisional Authority shall be attached to the application. • The Provisional Authority shall only be for a period of not more than THREE (3) MONTHS from the date the application was filed. Upon subsequent request by applicant, an extension for Provisional Authority may be allowed only once but such extension shall not be more than ONE (1) MONTH. • The issuance of Provisional Authority does not automatically mean the granting of the Application for TH Transport Service.

  15. HIRING OF DRIVERS & CONDUCTORS - PUV Operators a.) MANAGEMENT PREROGATIVE - Operators exercise supervision and control over their drivers/conductors and operation of their business in accordance with the policy of LTFRB b.) Theory of RESPONDEAT SUPERIOR - PUV operators shall be deemed likewise responsible for the violations of their drivers because of the EMPLOYER – EMPLOYEE RELATIONSHIP - Before accepting or hiring drivers and conductors, the PUV operator shall subject them to orientation and rigid examinations - in the course of employment, the PUV operator shall at his own expense, mandatorily conduct or cause the conduct of training and/or seminar of his drivers, conductors, inspectors and other concerned personnel

  16. While prime mover and trailer are considered two units for registration purposes, they are considered as one for criminal or civil suit because they are unified in their movement. • The act of the prime mover is the act of the trailer, otherwise, there is confusion in pinpointing responsibility.

  17. If there is a civil indemnity, if convicted and the Driver can’t pay, both are subsidiarily liable as they are deemed joint owners of the prime mover and trailer – if criminal case is filed • If the case is quasi-delict or civil – no pre-existing contract – the suit or liability should be as both as joint owners along with the Driver of the prime mover

  18. TH Applications with trailers/chassis units is allowed provided that there are a majority or reasonable ratio of tractor heads/trucks. • Applications for TH Service with only trailers/chassis as proposed. Unless the Applicant can show that it has been a previous grantee of TH franchise authorizing tractor heads.

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