AN ORDINANCE REGUYLATING THE OPERATION OF TRICYCLES AND GRANT FRANCHISE FOR THE OPERATION WITHIN THE LOCALITY OF MARIBOJOC, BOHOL AND IMPOSING FEES AND PROVIDING PENALTY FOR ANY VIOLATION THEREOF.
Authored by: Hon. Pablo A. Baluma
WHEREAS, the Local Government Code of 1991, Sec. 447, Art. 2, paragraph 3 (VI) provides that: Subject to the guidelines prescribed by the Department of Transportation and Communications, Sangguniang Bayan is empowered to regulate the operation of tricycles and grant franchises for the operation thereof within territorial jurisdiction of the Municipality;
WHEREAS, the Department of Transportation and Communication issued guidelines to implement the devolution of Land Transportation Franchising and Regulatory Board (LTFRB) Franchising Authority over tricycles- for hire to Local Government Units pursuant to Local Government Code otherwise known as RA No. 7160;
WHEREFORE, be it ordained by the Sangguniang Bayan of Maribojoc, Bohol in its session duly assembled that;
1. Tricycles – for hire are motor vehicles composed of a motorcycle fitted with a single-wheel side car, or a motor vehicle with three (3) wheels operated to render transport services to the general public for a fee.
2. Motorized Tricycle Operator’s Permit (MTOP), is the document granting franchise or license to operate/issue to person, natural or juridical, allowing him/it to operate tricycle-for-hire over zones specified therein.
3. Zone – a zone is a contiguous land area or block, a subdivision or a barangay where a tricycle-for-hire may operate with or without a fixed origin and destination.
4. Motorcab – is a tricycle-for-hire composed of a motorcycle with attached side car supported by one wheel.
5. Franchise – is a privilege or a right granted by the government or by a legislative body to an individual or corporation to operate an enterprises which serve for public purpose.
Sec.2- Classification – there shall be one classification of tricycle-for-hire which shall be allowed to operate in the locality of Maribojoc, Bohol that is the motorcab.
Sec.3- Zone of Operation – the zone of operation of a motorcab shall be the whole territorial jurisdiction of the locality of Maribojoc. The motorcab can operate in its zone without a fixed origin and destination.
Sec.4- Mode of Granting Franchise – the New Local Government Code of 1991 has vested the power to grant franchise for tricycle-for-hire upon the Sangguniang Bayan. The pursuance thereto, the following procedure is prescribed.
1. the applicants shall apply an operator’s permit with Municipal Permit section and shall comply with all necessary requisites to be allowed to operate a tricycle-for-hire.
2. every week, the head or person in-charge of the Municipal’s permit shall forward to the Sangguniang Bayan the list of the persons who applied for and complied with the requirement to operate a tricycle-for-hire.
3. the Sangguniang Bayan in its session will consider or deliberate on the application for franchise and by a Sanggunian Resolution approve or disapprove the application for franchise, to be known as “ Motor Tricycle Operators Permit (MTOP). The Sangguian Resolution shall contain the name or names of the person or persons whose application for franchise is approved or disapproved and the date of effectivity and expiration of the franchise and all other condition necessary.
Sec.5- Ground for Disapproval or Revocation of Franchise – when no franchise had been issued, the application maybe disapproved or when a franchise had been already issued it can be revoked on the following grounds;
1. making false statements and informations in the application.
2. when, upon inspection, the tricycle unit is found to be not roadworthy as a passenger vehicle.
3. violation of the authorized passenger carrying capacity of the tricycle-for-hire or violation of zone of operation.
4. when the operator will employ tricycle driver not duly licensed by the Land Transportation Office (LTO).
5. drunkenness of the driver.
6. refusal to convey passengers, color, coding for routes, no valid business permit, discourtesy and smoking while driving.
Sec.6- Franchise Certificate – each applicant whose application has been approved shall be issued a “ MOTOR TRICYCLE OPERATOR’S PERMIT (MTOP) of Franchise Certificate which shall be completely filled-up and certified by the Secretary of the Sangguniang Bayan by authority of the Sangguning Bayan. It shall be displayed in the tricycle unit together with the Mayor’s Permit.
Sec.7- Only Filipino citizens and Partnership or corporation with 60% of equity are qualified to be operators of tricycles-for-hire however no MTOP shall be granted to the applicant in position of units without valid papers form the Land Transportation Office.
Sec.8- Effectivity of Franchise – The franchise granted unless earlier revoked or otherwise provide by the Sangguniang Bayan, shall be effective for a period of three (3) years renewable on or before the expiry date. The franchise shall be non transferable except when consent is given by the Sangguniang Bayan.
Sec.9- Fees – each applicant shall pay the following amount upon filling of the application:
1. filling fee – – – – – – – – P300.00
2. LRF – – – – – – – – P 10.00
3. Supervision fee – – – – P 40.00
4. CCF – – – – – – – — P 5.00
Total – – – – – – – – P355.00
The franchise fee is refundable if incase the franchise application is disapproved.
Sec.10- Penalty – any person who will operator a tricycle-for-hire in the locality of Maribojoc, Bohol without a valid franchise from the Municipality of Maribojoc shall upon conviction by the court, suffer a penalty of a fine of One Thousand Five Hundred Pesos (P1,500.00) or an imprisonment not less than ten (10) days or both at the discretion of the court.
Sec.11- Effectivity of the Ordinance – This ordinance shall take effect upon its approval.
PHILIP R. MEDEQUISO
ALBERTO E. ARANGOSO
ATTY. JOSE E. VELOSO
Date signed: March 2, 1993