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CITY ORDINANCE NO 185
Series of 1997
AN
ORDINANCE REGULATING THE OPERATION OF MOTORIZED TRICYCLES AND
GRANTING OF FRANCHISE FOR THE OPERATION THEREOF WITHIN THE TERRITORIAL
JURISDICTION OF THE CITY OF BACOLOD AND PROVIDING PENALTIES THEREOF.
WHEREAS,
the power to regulate and issue franchise to tricycles has already been
devolved from the Land Transportation
Franchising and Regulatory Board (LTFRB)
to the Local Government Unit by virtue of Art. 99, Sec. 3 (vi) of
Republic
Act 7160, otherwise known as the Local Government Code of 1991;
WHEREAS, there is an urgent need to regulate the operation
and issuance of franchises to Tricycles as they are now
proliferating in
the major Barangays in the City of Bacolod.
NOW, THEREFORE, be it ordained
by the Sangguniang Panlungsod of the City of Bacolod in session
assembled, that:
Section 1 – TITLE OF ORDINANCE.
This Ordinance shall be called:
“AN ORDINANCE OF REGULATING THE OPERATION OF MOTORIZED
TRICYCLES AND GRANTING OF FRANCHISE FOR THE OPERATION THEREOF WITHIN THE
TERRITORIAL JURISDICTION OF THE CITY OF BACOLOD AND PROVIDING PENALTIES
FOR VIOLATION THEREOF.”
Section 2 – DEFINITION OF TERMS:
a) TRICYCLE- FOR – HIRE - is
a motor vehicle composed of a Motorcycle fitted with a single wheel
sidecar or a motorcycle
with two-wheel cab operated to render transport
service to the general public for a fee.
b) MOTORIZED
TRICYCLE OPERATOR’S PERMIT OR MTOP
- is
the document granting franchise or license to operate,
issued to a
person
natural or juridical, allowing himself to operate tricycle for hire
over zones specified therein.
c) ZONE - is a contiguous land area or block, for example, subdivisions,
barangays
or 2 or 3 barangays.
d) DOWNTOWN
AREA – is defined as follows:
The
areas bounded by Lizares street on the South, turning right to Yulo
Street then to the Rosario Street connecting to San Juan Street on the
West; B.S Aquino Drive on the north connecting Lopez Jaena Street on the
East
up to Amelia Street.
Section 3 -
GENERAL RULES OF ENTRY.
a)
Only Filipino citizens
and residents of the City of Bacolod as certified to by their Respective
Punong Barangays or a
partnership or corporation with sixty (60) percent
Filipino equity are qualified to be operators of tricycles within
the territorial
jurisdiction of the City of Bacolod, subject to the
authorized routes in the MTOP.
b)
Only applicants in
possession of units with valid registration papers from the Land
Transportation Office (LTO) shall be
granted MTOP.
c)
The applicants must
carry a common carrier insurance sufficient to answer for any liability
it may incur to passenger and
third parties in case of accidents.
d)
Tricycles can only be
allowed to operate on routes/areas where no regular PUJ’s are
servicing the route and/or areas.
Section
4 – REQUIREMENTS FOR THE GRANT OF MTOP
a) The
applicants for MTOP shall file his application in five (5) copies with
the Traffic Division of the Bacolod City Police Office
together with the
original copy of the Registration Papers from the Land Transportation
Office including a certification from the
Punong Barangay certifying to
the residency of the applicant and the original copy of insurance
coverage showing a common
carrier’s insurance sufficient to answer for
any liability it may incur to passenger and third parties in case of
accident.
b) The Traffic Division of the
Bacolod City Police Office after verifying the authenticity of the
Applicant’s documents and payment
of the appropriate filing fee, shall
forward the said documents to the City mayor for approval.
c) Within
thirty (30) days from the approval of the application, the franchisee
must convert the registration of his motorcycle unit
from “Private”
to “For Hire” with the Land Transportation Office.
d) The Traffic Division of the
Bacolod PNP will request a conversion,
verification and confirmation
from the LTO to ascertain
conversion within the period stipulated.
e)
With the conversion of the unit from “Private” to “For
Hire” as confirmed by the LTO, the City Mayor’s Office shall issue
the
Motorized Tricycle Operator’s Permit signed by the City Mayor
stating all the conditions thereat.
f)
The franchisee shall be required to pay all the franchise and
other fees to the City Treasurer as enumerated in Section 6, the
receipt
of which shall be the basis for the PNP Traffic Division to issue a side
car number and a zone number.
g)
Should the franchisee desire to suspend or complete stop
operation, the franchisee shall surrender both his/her side car
number
and zone number to the PNP.
Section
5 – OPERATING CONDITIONS:
a)
For safety reasons, no
tricycle shall operate on national highways utilized by a 4 – wheel
vehicles and where normal speed
exceed 40 KPH. However, the Sangguniang
Panlungsod may provide exceptions if there is no other alternative
route.
b)
Tricycles shall ply only
within their approved zones as authorized in their respective MTOP.
Where proposed zone has an
origin in one Barangay and a
destination in another, or an intervening point in its territory, the
joint approval of the Barangay
Councils shall be sought and both
barangay Councils shall have jurisdiction over the areas covered by
zone.
c)
A
common color for tricycles operating in the same zone shall be imposed.
Each Unit shall be assigned a
side car number,
and zone number by the PNP Traffic Divisions aside from
its LTO License plate number.
d) The
MTOP shall be valid for three (3) years, renewable for the same period.
Transfer to another zone, change of ownership of
unit or transfer of
MTOP shall be referred back to the Mayor’s Office for
proper amendment and payment of appropriate filing
fee for amendment of
MTOP to the City Treasurer.
e) Operators
shall employ only drivers duly licensed by the LTO for tricycles.
f) Tricycles
should be allowed to carry not more than four (4) passengers.
Section 6 – Franchise And
Other Fees.
The
following fees shall be hereby imposed:
a)
Annual Franchise Fee
of P300.00 – shall be paid once a year on or before the anniversary
date of the MTOP.
b)
Filing fee of
P50.00 – to be paid upon submission of Application.
Payment shall be
charged per unit. No reimbursement shall
be made whether application has
been approved or disapproved.
c) Fare
Adjustment Fee for Fare Increase – to accrue upon approval of fare
increase and shall be paid together with the annual
franchise fee which
adjustment fee shall be P10.00 per unit.
d)
Filing Fee for
Amendment of MTOP – shall be paid upon application for amendment
(transfer of Zone, change of ownership,
transfer of MTOP), which shall
be 50% of the filing fee charged per unit.
Section 7 – AREA WHERE
MOTORIZED TRICYCLE MAY BE ALLOWED AND THEIR RESPECTIVE ROUTES.
1. Mountainview
(Mandalagan)
Number
of Units: 160 units.
Association
: TODAMA – Tricycle
Operators Drivers Association of
Mandalagan.
Route
: From
Lacson-Buri road intersection towards the eastern direction
and vice versa covering the following puroks:
1)
Mt. View Phase 11
2)
Purok
Tuburan
3) Purok
Santol
4) Purok
Sambag
5) Mt.
View Subdivision
6) Luhod-Luhod
7) Purok
13
8) LN
Agustin
9)
Abkasa
10) Purok
Bulak
11) Purok
Tultugan
Terminal : The
terminal shall be located at the right side of the Lacson-Buri road
intersection 20 meters from the corner facing the Petron gas station.
2)
Villamonte -
Estefania
Number of Units
: 120
units
Association
: VILESTODA
- Villamonte-Estefania
Tricycle Operators and Drivers
Association.
Terminal
: At the junction of CL Montelibano Avenue and Paglaum Street.
Route
: From their terminal right towards
Fortune Town through CL Montelibano Avenue with option via Greenville I
and/or Capitol Heights I and vice versa.
3) Vista
Alegre:
Number of Units
: 20
units
Association
: VATODA –
Vista Alegre Tricycle Operators and Drivers Associations.
Terminal
: At the eastern corner of vista alegre road Libertad Extension.
Route
:
From their terminal the barangay proper of Vista Alegre Including
all its sitios and puroks.
4)
a) Mansilingan
(La
Salleville)
Number
of Units : 40 units
Association
:
Mansilingan La Salleville Tricycle
Operators and Drivers Association
(MALATODA).
Terminal
: The terminal should be
at the present designated and/or used terminal and junction of Concordia
Jayme St.
Corner
Bigonia St.
Route
:
From their terminal towards
La Salleville and vice versa passing through the route to be specified
by the
Barangay
b) Mansilingan (Hermilinda)
Number of Units :
45 units
Association
: MHTODA
– Mansilingan Hermilinda Tricylce Operators and Drivers Association.
Terminal
:
The terminal should be at the junction of Bacolod-Murcia
road and Felisa road to Purok Hermilinda and
Vice-versa .
Route
: From the terminal to the point of destination passing
through route to be established by the barangay.
c)
Mansilingan –Public Market
Area and Vicinity.
Number Units
: 20 units
Association
: Barangay Market Tricycle Operators & Drivers Association.
Terminal
: Barangay Market
Route
: From the terminal to its destination and back within the area of the Public
Market and its vicinity.
5) Barangay Felisa
Number of units
: 20 units
Associations
:
FETODA
INC. - Felisa Tricycle Operators
And Drivers
Association.
Terminal
:
At the barangay proper
of Felisa.
Route
: From the barangay proper towards all the sitios and Puroks of Barangay
Felisa, Handumanan Barangay
High School.
6)
Barangay Handumanan
Number of Unit : 150
units
Association
: TODAH - Tricycle Operators and Drivers
Association of
Handumanan.
Terminal
:
Beside the Barangay
Hall
Route
: From the barangay hall to phase 1. 2, 3 ,4 ,5
6A and 6B, only.
No tricycle is
allowed to go beyond the terminal.
7)
Barangay Cabus
Number of Units : 35 units
Association
: CATODMPC – Cabug tridcylce operators & Drivers Multi-Purpose
Coop.
Route
:
From the terminal to the barangay proper of
Cabug and all its puroks and
vice versa only.
8)
Barangay Sum-ag
Number of Units : 110 units
Association
: STODA – Sum-ag Tricycle Operators and Drivers
Association.
Terminal
: At the junction of Araneta
highways and Abuanan road.
Route
:
from the terminal towards brgy. Abuanan and vice versa only.
9) Barangay Alijis
Number of Units : 50 units
Association :
Greenplains Tricycle Operators and Drivers Association.
Terminal A :
The area between Araneta Street main highway, circumferential road main
highway, Alijis-Bacolod Murcia Road.
Route
: From Greenplains to John B. Lacson and vice-versa.
Terminal B :
Regent Pearl junction Bacolod-Murcia - Alijis road.
Number of Units : 75 units.
Route
: This will be traversing the areas south of the Bacolod-Murcia-Alijis
road and not exceeding the eastern portion of the circumferential road.
The areas of Regent Pearl Housing Subdivision to La Salleville and may
even reach Brgy. Mansilingan for purpose of providing means of
transportation to students from Alijis who are studying in Mansilingan
National High School but in no case shall traverse the road of the
Mansilingan La Salleville tricycle near the high school.
Section 8 - PROHIBITIONS.
1. All types of motorized
tricycle whether private or for hire shall be prohibited along national
highways/road such as but not limited to:
a) Araneta highway –
from Lizares Street up to the Bago City boundary.
b) Lacson Street – from
B.S. Aquino Drive Lacson up to Talisay boundary.
c)Circumferential road.
d)Burgos Street – from
Lopez Jaena junction up to Granada.
e) B.S. Aquino Drive –
from Burgos junction up to drydock of Sto. Niño stop.
f) Within the area
bounded from the East by Circumferential road to the reclamation
area; bounded by the North by Northdrive and up to
the
South bounded by Magsaysay Avenue.
g) Along
Bacolod-Alijis-Murcia road from the Araneta junction up to boundary of Murcia.
2. All types of Motorized tricycles whether private or public shall
be prohibited within the downtown
area.
Section 9
-PENALTIES
The following Administrative penalties shall be imposed for violations
of this ordinance :
a) For operating without
the required Motorized Tricycle Operators Permit (MTOP) or colorum, One
Thousand Five Hundred Pesos
(P1,500.00).
b) For out of Route –
One Thousand (P1,000.00)
Pesos.
c) For driving without
license or expired drivers license – Three Hundred (P300.00)
Pesos.
d) For operating without
the proper Plate number and body number painted on the Sidecar – Two
Hundred (P200.00)
pesos.
e) For driving while
under the influence of liquor or drugs – Five Hundred (P500.00) pesos.
f) For violation of any
provision of this ordinance not herein before specifically punished
an administrative fine (150.00)
for the first
offense,
P250.00 for
the second offenses plus impoundment of the unit.
For every
day that the unit is impounded, the operator shall
pay
a storage fee of P100.00 per day plus the penalty.
Section 10 -
REPEALING, SEPARABILITY
AND EFFECTIVITY CLAUSES
a) Any ordinance or
provision thereof inconsistent with any provision of this Ordinance shall be
deemed accordingly modified and/or
repealed.
b) If any section of this
ordinance is declared null and void,
the part not so declared shall remain valid and
enforceable.
c) This ordinance takes
effects ten (10) days after its publication in a local newspaper of
general circulation or
in conspicuous places of
public buildings
within the city of Bacolod.
CARRIED BY THE VOTE OF:
Affirmative:
Councilors : Renecito S. Novero,
Rolando V. Villamor,
Juanito
S. Amihan, Jr. ,
Napoleon A.
Cordova,
Constancio G.
Legazpi, Archie S.
Baribar,
Celia R. Flor,
Luzviminda S. Valdez, Juan Ramon
R. Guanzon, Ricardo
L. Tan,
Pepito T. Malapitan, Christine
Angelie V. Matus.
Negative
: N o n e.
Main Authors
:
Councilor Juan Ramon R. Guanzon
Councilor Ricardo L.
Tan
Official Travel
:
Councilor Joaquin L. Torre.
Absent
:
N o n e.
Passed
: October 9, 1997 (Regular
Session)
Comments : P a s s e d.
Councilor Lorendo K.
Dilag was not yet around when this ordinance
was passed.
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(Sgd.)
WILMAR
L. DRILON
Vice Mayor
Presiding
Officer
ATTESTED:
ATTY.NILO T. ALEJANDRINO
Secretary to the Sanggunian
APPROVED: October 30,
1997
(Sgd.)
EVELIO R. LEONARDIA
City Mayor
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