duties and responsibilities of public transport operators

DOTC-LAND TRANSPORTATION
FRANCHISING AND REGULATORY BOARD
DUTIES AND RESPONSIBILITIES OF
PUBLIC TRANSPORT OPERATORS
WITH SALIENT FEATURES ON
CIRCULARS & RELATED LAWS
ATTY. EMMANUEL A. MAHIPUS (GSC) MNSA
Executive Director/Deputy Cmdr, TF Enforcers
“WORKING TOGETHER FOR SAFE & EFFICIENT PUBLIC TRANSPORT”
NATIONAL ROAD SAFETY CONFERENCE IN PARTNERSHIP WITH AAP, UP-
NCTS, & TOYOTA
Heritage Hotel, Pasay City
09 DECEMBER 2009

Universal Principles of Transport Management –
“Know Yourself and Know Your Business”
“IF YOU KNOW
YOURSELF AND
KNOW YOUR
RESPONSIBILITIES
YOU NEED NOT
WORRY THE
RESULT OF YOUR
TRANSPORT
OPERATION”

ESSENTIAL COMPONENTS

FRAMEWORK
OWNER
/ OPERATOR
GOVERNMENT
LTFRB, OTHER
AGENCIES
PUBLIC
CONVENIENCE
PUVs
DRIVER

FRAMEWORK
OWNER
/ OPERATOR
GOVERNMENT
LTFRB, OTHER
AGENCIES
PUBLIC
CONVENIENCE
PUVs
DRIVER

LAND TRANSPORTATION FRANCHISING AND REGULATORY BOARD
ILAN BA KAYO?
BUONG BANSA ESTIMATE
PUB 27,619
MINI-BUS 4,775
PUJ 223,431
TAXI 37,162
Vehicle for Hire 13,161
Tourist Transport 4,236
Shuttle Transport 4,030
FILCAB 19,754
SCHOOL SERVICE 8,097
TRUCK FOR HIRE 35,484
TOTAL 379,177
6

LAND TRANSPORTATION FRANCHISING AND REGULATORY BOARD
ILAN BA KAYO?
CENTRAL OFFICE = 61,871
18,000
16,000
16,204
14,000
12,000
10,000
10,643
10,139
12,160
8,000
6,000
4,000
2,000
0
44
1,663 2,806 889 180 395
TYPE OF SERVICE
PUB MINI-BUS OUJ TAXI Vehicle for Hire
TOURIST TRANS SHUTTLE TRANS FILCAB SCHOOL TRANS TRUCK FOR HIRE
7

LAND TRANSPORTATION FRANCHISING AND REGULATORY BOARD
GENERAL REQUISITES
FOR ISSUANCE OF A CPC:
1. FILIPINO CITIZEN OR IN CASE OF A JURIDICAL
PERSON AT LEAST 60% STOCK OR PAID-UP
CAPITAL BELONG ENTIRELY TO A FILIPINO
CITIZENS.
2. APPLICANT MUST BE FINANCIALLY
CAPABLE.
3. PUBLIC INTEREST OR PUBLIC
NEED.(pursuant to Sec. 16(a) Chap 11,
CA 146)
8

LAND TRANSPORTATION FRANCHISING AND REGULATORY BOARD
SALIENT FEATURES
FROM MEMORANDUM
CIRCULARS &
& RELATED LAWS

LAND TRANSPORTATION FRANCHISING AND REGULATORY BOARD
• CREATED UNDER EXECUTIVE ORDER NO. 202, DATED JUNE 19, 1987
• SHALL HAVE JURISDICTION, SUPERVISION and CONTROL over ALL LAND-
BASED PUBLIC TRANSPORTATION, THEIR FRANCHISES, EQUIPMENT AND
OTHER PROPERTIES (PUBs, PUJs, TAXI, TRUCKS FOR HIRE, GT EXPRESS, SCHOOL SERVICE)
ISSUE CPC AND
DECIDE
RELATED
INCIDENTS,FIX
FARE,
INVESTIGATE,
CONDUCT
HEARING,
IMPOSE FINES,
PROMULGATE RULES AND REGULATIONS, IMPOSE REQUIREMENTS
TO PROMOTE SAFETY , PROTECTION, COMFORT, CONVENIENCE TO
PERSONS AND PROPERTY.

LAND TRANSPORTATION FRANCHISING AND REGULATORY BOARD
• As public land transportation is imbued with public interest, PUV Operators are
required to :
• provide safe and adequate service and shall not refuse such service when
reasonably demanded;
• employ drivers, conductors, agents, and inspectors who are courteous and
of good moral character with no conviction of any crime involving moral
turpitude and physical injuries;
• PUV drivers must be holders of valid Professional Driver’s License duly
issued by the LTO
(REFERENCES: MC No. 94-002, Public Service Act Revised Order No. 1)
• Under MC No. 95-010: Operators who:
• hire/employ drivers with criminal records or who are involved in accidents,
whether covered by pending civil or criminal cases or not, resulting in death
or serious and less serious physical injurisies, will be penalized with the
suspension of their fleet operations for 3 days for the 1st offense; 5 days for
the 2nd offense, and 7 days for the 3rd offense.
• hire/employ conductors with pending criminal cases rendering them unfit
to be employed in a public enterprise will be penalized with a fine of P3,000
for the 1st offense; P5,000 for the 2nd offense; and P10,000 for the 3rd
offense.

LAND TRANSPORTATION FRANCHISING AND REGULATORY BOARD
HIRING OF DRIVERS & CONDUCTORS BY
PUV OPERATORS
• Under the theory of RESPONDENT SUPERIOR, PUV operators shall be
deemed likewise responsible for the violations of the drivers that they hire.
• Drivers/conductors deemed employees of operators even under the
boundary system because:
• Operators are the holders of the CPC and drivers must follow the
prescribed route granted by LTFRB.
• Management of the business is in the hands of the operator;
thus, operators exercise supervision and control over their
drivers/conductors.
• Drivers perform acitivities which are necessary or desirable in
the usual business or trade of the PUV operators
(REFERENCES: Jardin, et al., vs. NLRC, G.R. No. 119268, February 23, 2000; NLRC,
vs. Dinglasan, 98 Phil. 649, 652 [1996]; Magboo vs. Bernardo, 7 SCRA 952, 954
[1963]; Lantaco, Sr., vs. Llamas, 108 SCRA 502, 514 [1981]; Doce vs. Workmen’s
Compensation Commission, 104 Phil. 946, 948 [1958]; Citizens’ League of
Freeworkers vs. Abbas, 18 SCRA 71, 73 [1966]; Martinez vs. NLRC, 272 SCRA 793,
800 [1997])

LAND TRANSPORTATION FRANCHISING AND REGULATORY BOARD
FURTHER REMINDERS FOR PUV DRIVERS & OPERATORS
RELATED LAWS:
• COMMON CARRIERS DUTIES AND DEGREE
OF REPONSIBILITIES UNDER THE CIVIL
CODE’
• EXTRA-ORDINARY DILIGENCE IN THE
CARRIAGE OF GOODS AND SUPERVISION OF
EMPLOYEES
• UTMOST CARE FOR THE SAFETY OF
PASSENGERS
• PRESUMPTION OF FAULT AND NEGLIGENCE

LAND TRANSPORTATION FRANCHISING AND REGULATORY BOARD
FURTHER REMINDERS FOR PUV DRIVERS & OPERATORS
OTHER RELATED LAWS:
• SUMMARY PROCEEDING TO ISSUE SHOW CAUSE AND SUSPEND
(PRIOR TO THE HEARING) A CPC FOR A PERIOD OF NOT MORE THAN
30 DAYS WHEN PUBLIC INTEREST REQUIRES(Rule 13, Part III, Rules of
Practice & Procedures before the LTFRB and DOTC)
• Based on official report or sworn statement of any offended party.
• Reported to have caused or will continue to cause death, physical injuries,
defraud public utility users, wilfully or contumaciously refused to comply with
orders, rules and regulations of the Board or any provisions of EO 202 and
the Act (RA 146)
• RA 4136 (Land Transportation Code and Traffic Laws, primarily implemented
by LTO.

LAND TRANSPORTATION FRANCHISING AND REGULATORY BOARD
ACCIDENT REPORTS
Under MC No. 94-007 and 94-007-A:
• Each 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 financing assistance or help to accident victim/s). A detailed report should
be submitted to the LTFRB on or before the 10th day of each month. Accidents which
result in the death or physical injuries shall be reported to the LTFRB within 24 hours
from their occurence.
• PENALTY : For failure to submit report:
• 1st offense – P3,000.00
• 2nd offense – P5,000.00
• 3rd offense – P10,000.00
• 4th offense – Suspension of CPC for 60 days
• 5th offense – Revocation/cancellation of CPC

LATEST CIRCULAR NUMBER 2009-030 (DEC 2009)
SUBJECT: REITERATION OF AND SUPPLEMENTAL TO MC
NOS. 94-007 & 94-007A ON SUBMISSION OF
ACCIDENT REPORTS
• All operators are hereby to report to the Board all accidents involving
any of their authorized units on or before the 10 th day of the month
ff. the date of accident.
• In case of accidents resulting in death or physical injuries, the
incident should be reported to the Board within twenty-four (24)
hours from their occurrence.
• The report shall contain the ff. details: O F D V A I
OPERATOR’S INFORMATION
– Name
– Address
– Contact Number

FRANCHISE INFORMATION
– Case No.
– Expiry Date
– Origin
– Via
– Destination
– Type of Service
DRIVER’S INFORMATION
– License No.
– Name
– Address
– Birthday
VEHICLE/UNIT INFORMATION
– Make
– Chassis No.
– Plate No.
– Motor No.
– Model

ACCIDENT INFORMATION
– Date Filed
– Date of Accident
– Time of Accident
• Place of Accident
– Remarks (additional info)
– Nature of Accident
• Accident Type
• No. of Victims
• Estimated Damage
• Remarks (additional info)
INSURANCE INFORMATION
– Policy No.
– Insurer
– Claim No.
– ModelClaim Date
– Claim Status-whether settled or unsettled
– Period of Insurance
• From
• To

PENALTY FOR NON-COMPLIANCE
• First Offense
• Second Offense
• Third Offense
• Fourth Offense
• Fifth Offense
P3,000.00
P5,000.00
P10,000.00
Suspension of CPC
for 60 days
Revocation or
Cancellation of CPC
•

LAND TRANSPORTATION FRANCHISING AND REGULATORY BOARD
LTFRB ACCIDENT MONITORING AND
DATA BASE SYSTEM
-LAUNCHED LAST MONDAY, 07
DEC 09
- ROAD BOARD FUNDED
-PARTNERSHIP WITH PPAI
GRPS – UNITRANS & PAMI
-IT CONNECTED
-ROAD SAFETY & MULTI-
PURPOSE ORIENTED

LAND TRANSPORTATION FRANCHISING AND REGULATORY BOARD
OTHER REQUIREMENTS FOR PUBLIC UTILITY
VEHICLES

LAND TRANSPORTATION FRANCHISING AND REGULATORY BOARD
ON TERMINALS & STATIONS
Memo Ciruclar Nos. 88-0024, 94-010, and 2008-13 require the following:
• Adequate and comfortable benches and/or seats with backrests for
waiting passengers
• Concrete pavement and flooring
• Roofing to provide sufficient shade to passengers from heat of the sun
or rain
• Wide entrances/exits for easy mobility to and from the terminal
• Communication facilities, public address system, CCTV
cameras/monitors
• Information and Passenger Assistance Counters
• Appropriate and adequate signages

FRAMEWORK
OWNER
/ OPERATOR
GOVERNMENT
LTFRB, OTHER
AGENCIES
PUBLIC
CONVENIENCE
PUVs
DRIVER

THANK YOU
• MARAMING SALAMAT!
• DAGHANG SALAMAT!
• AGYAMAN KAMI APO!
LIGTAS LAKBAY TULOY ANG BUHAY….