PROVIDING RULES AND REGULATIONS IN THE OPERATION OF MOTORCYCLE SERVICES (HABAL-HABAL) IN THE MUNICIPALITY OF MARIBOJOC, PROVINCE OF BOHOL
Authored by: Kag. Alberto E. Arangoso
Sponsored by: MASS MOTION
WHEREAS, motorcycle service, locally known as “Habal-habal” is not legalized by the National Government as a public transportation vehicles;
WHEREAS, the riding public to avail the service particularly in the far flung barangays or in the areas wherein there are no available transportations;
WHEREAS, LGU-Maribojoc recognize the services of habal-habal as means of transport in helping our people in their travel especially to those living in the mountain barangays;
WHEREAS, the LGU-Maribojoc is of the opinion that there is a need to regulate the operation of the motorcycle service locally known as “habal-habal” to protect the lives of the riding public;
WHEREFORE be it ordained by the Sangguniang Bayan of Maribojoc, Bohol, that:
SECTION 1: Definition of Terms: As used in this ordinance, the following terms are hereby defined as follows:
a.) Motorcycle – shall refer to the two-wheeled vehicle powered by an engine.
b.) Motorcycle service – shall refer to the motorcycle locally known as “habal-habal” privately owned used to ferry passengers to their respective destinations in the locality.
c.) Reflectorized Stickers – refer to any adhesive material, decal or metal object or device with a polished surface for reflecting light or provide illumination during nighttime.
d.) Zone – is a contigenous land area or block, like a subdivision or a barangay where a motorcycle service (habal-habal) may operate without fixed destination.
e.) Helmet – refer ton any protective covering of the head used by the driver or motorist.
SECTION 2: Registration of all Motorcycles in the PNP Office of Maribojoc, Bohol.
a.) All motorcycles within the jurisdiction of Maribojoc, Bohol shall be registered in the PNP Office of Maribojoc, Bohol for record purposes.
b.) Stickers free of charge shall be issued in color coding upon registration to determine the said motorcycle is issued as habal-habal.
c.) The application for registration shall be filed either by the owner or representative of the owner of the motorcycle every year for record purposes within January of every year.
d.) Failure or refusal of the owner to register within (30) days from the effectivity of this ordinance shall be subject to fine of P500.00
e.) Registration forms and stickers shall be provided by the LGU-Maribojoc, Bohol.
f.) Newly acquired motorcycle shall be registered within 30 days from its purchase.
SECTION 3: Rules and Regulations for a motorcycle service (habal-habal) drivers.-
a.) He must be a holder of a professional driver’s license issued by the Land Transportation Office;
b.) No person or driver is allowed to drive or operate a motorcycle under the influence of liquor or drunk driver during the time of driving its motorcycle.
c.) Smoking is strictly be responsible to the backriders.
d.) The driver shall be responsible to the backriders
e.) Carrying cargoes must be determined by the driver based on the capacity and road worthiness of the motorcycle.
SECTION 4: Limitations.-
a.) All motorcycle drivers shall negotiate with the speed of 40 KPH within the jurisdiction of Maribojoc, Bohol.
b.) The driver/owner shall install a silencer to prevent unnecessary disturbing noise.
c.) All motorcycle service shall bear a registration sticker for motor service in order to know that the unit is allowed to operate within the Municipality of Maribojoc.
d.) No improvised extension is allowed in the motorcycle service.
e.) Driver and backriders shall wear helmet during the operation provided by the owner.
f.) The motorcycle services shall carry only two (2) backriders and no front rider is allowed.
g.) No child below 10 years old is allowed to board a motorcycle without a companion of either a parent or guardian.
h.) Incase of emergency the driver shall determine the capacity of the motorcycle to carry his load.
SECTION 5: Conduct and Duties of Motorcycle service drivers
a.) All motorcycle service drivers operating within the Municipality of Maribojoc, Bohol are required to wear a decent long pant, shirt or T-shirt while driving a motorcycle service.
b.) Wearing of slippers and short pants are strictly prohibited while driving.
SECTION 6: Zoning Area for Operation of Motorcycle Service:
The following are the zone areas of motorcycle service.
a.) Zone I– Barangays Bayacabac, Punsod, Aliguay, San Roque, Jandig, Pagnitoan, San Isidro, Tinibgan and Candavid.
b.) Zone II – Barangays Cabawan, Agahay, Busao and Toril
SECTION 7: Payments:
a.) All payments of motorcycle service (habal-habal) shall be paid at the municipal Treasurers Office as prescribed in the Revenue Code.
SECTION 8: Terminal Shed Buildings:
a.) All motorcycle service drivers shall park all their motorcycles at the terminal shed building designated for this purpose.
SECTION 9: Penal Provisions: Violations of any of the provisions as provided in this
Ordinance shall be penalized as follows:
1. Operating a motorcycle without a Land Transportation registration shall be impounded until such time that the motorcycle is registered by the LTO
2. Operating without a silencer ) P 500.00
3. Operating without a registration sticker as a “habal-habal” – P200.00 series of 2005
4. Motorcycle driven by unlicensed driver will be impounded.
5. Driving without a helmet – P 500.00 – penalty per person/backrider without helmet – P 500.00
6. Over loading – a penalty of P500.00 per excess backrider.
7. Any violation of the provisions of this ordinance which are not mentioned in the penal provisions shall be fined of not less than P1,000.00 and not more than P2,500.00 or an imprisonment if five (5) days or both at the discretion of the court.
SECTION 10: Separability Clause.- If for any reason, any part of or provision of this ordinance shall be declared unconstitutional or invalid, other parts or provisions hereof which are not affected hereby shall continue to be in full force and effect.
SECTION 11: Repealing Clause. All local ordinances, acts decrees, executive orders, proclamations and regulations or parts thereof, which are inconsistent with any of the provisions of this ordinance are hereby repealed or modified accordingly.
SECTION 12: Effectivity.- This ordinance shall take effect after its publication once in a newspaper of general circulation in the locality and posting for three (3) consecutive weeks in strategic places of operation and in the barangay bulletin boards in the barangays of Maribojoc, Bohol for information of the riding public.
Approved by the Sangguniang Bayan of Maribojoc, Bohol on the 4th day of March 2005, Maribojoc, Bohol.
I HEREBY CERTIFY TO THE CORRECTNESS
OF THE ABOVE QUOTED ORDINANCE:
PHILIP R. MEDEQUISO
Municipal Vice Mayor
ERLINDA V. CASTILLON
Acting Secretary to the Sanggunian
ENGR. GABINO C. REDULLA
Date signed: March 21, 2005