ORDINANCE NO: 1993-110 (Bill No. 23) "AN ORDINANCE GOVERNING THE FRANCHISING/LICENSING AND REGULATION OF MOTORIZED TRICYCLE SERVICE OPERATION IN THE CITY OF PAGADIAN AND IMPOSING CHARGES FOR LEGALIZATION AND PENALTIES FOR VIOLATION THEREOF" BE IT ORDAINED BY THE SANGGUNIANG PANLUNGSOD OF PAGADIAN CITY IN SESSION ASSEMBLED THAT: ARTICLE I - TITLE SECTION 1. - This Ordinance shall be known as the PAGADIAN CITY MOTORIZED TRICYCLES ORDINANCE OF 1992. ARTICLE II - SCOPE AND APPLICATION SECTION 2. - This Ordinance shall apply to all motorized tricycles within the territorial limits or jurisdiction of Pagadian City. ARTICLE III - DEFINITION OF TERMS SECTION 3. - As used in this Ordinance, the following terms shall mean: MOTORIZED TRICYCLE - is a motor vehicle composed of a motorcycle fitted to a single-wheeled sidecar or motorcycle with two-wheeled cab. PUBLIC MOTORIZED TRICYCLE/FOR HIRE - is a motorized tricycle rendering transport service to the general public for a fee. MOTORIZED TRICYCLE OPERATORS PERMIT (MTOP) - is a document granting Franchise or a Permit to operate, issued to a person, whether natural or juridical, allowing him/her or it to operate a motorized tricycle for-hire on zones specified therein. ZONE - is a contiguous land area or territorial limitation, such as a subdivision or a barangay, where a motorized tricycle for-hire may operate without a fixed origin or destination. ROUTE MEASURED CAPACITY (RMC) - is the number of motorized tricycle for-hire units allowed in its route as set by the Sangguniang Panlungsod. ARTICLE IV - ORGANIZATION AND IMPLEMENTATION SECTION 4. The Office of the City Mayor is tasked to implement the provisions of this Ordinance through the Motorized Regulatory Unit which shall be created by the City Mayor and shall have the following composition and duties: Composition: One MTRU Head/In-Charge One MTRU Service/Record Clerk Duties: Enlist all Public Motorized Tricycle For-Hire operating within the territorial jurisdiction of Pagadian City. Attend to the documentation for the registration and process applications for franchise of all Motorized Tricycles intending to operate on Hire-Basis. Submit all processed applications for MTC Franchise with all the supporting prescribed documents to the Sangguniang Panlungsod through the Motorized Tricycle Regulatory Board for approval. Do other duties that may be prescribed by the Sangguniang Panlungsod as the need arises. ARTICLE V - MOTORIZED TRICYCLE REGULATORY BOARD SECTION 5. - The Motorized Tricycle Regulatory Board under the Sangguniang Panlungsod is hereby created with its composition and its powers and authority, as follows: Composition: Chairman of the Committee on Transportation and Communications Chairman Chairman of the Committee on Ways & Means Member Chief of the Motorized Tricycle Regulatory Unit Member Chairman of the Committee on Barangay Affairs and Community Relations or the ABC President Member NGO to be determined by the SP Member Powers and Authority: The Motorized Tricycle Regulatory Board shall have the following powers and authority: Issue, amend, revise, suspend, or cancel Motorized Tricycle Operators Permit (MTOP) and prescribe the appropriate terms and conditions thereof. Prescribe and regulate zones or service areas in coordination with the Sangguniang Pambarangay of the areas to be affected. Establish and prescribe the conditions and qualification of service. Recommend to the Sangguniang Panlungsod the re-adjustment of the fares or rates for the services for the different zones, as well as, the fees and other related regulatory fees and charges in connection with the operation of motorized tricycles for-hire. Perform such other powers and authority that the Sangguniang Panlungsod may grant unto it. SECTION 6. - The Secretary of the Sangguniang Panlungsod shall provide the secretarial support and assistance to the Board. ARTICLE VI - MTRU REGISTRATION SECTION 7. - All public motorized tricycle for-hire operating within the territorial jurisdiction of Pagadian City shall enlist with the Motorized Tricycle Regulatory Unit, and apply for a Franchise with the Sangguniang Panlungsod, through the Motorized Tricycle Regulatory Board (MTRB), created for the purpose, to operate a motorized tricycle for-hire. SECTION 8. - Applicants for a motorized tricycle franchise should present the following documents: SECTION 15. - A surcharge of 25% of the Franchise Fee shall be collected from the operator/s with expired Franchise/Motorized Tricycle Operators Permit (MTOP) who will apply for renewal, except those operators whose franchise expires before the enactment of this Ordinance. ARTICLE XI - ZONING, COLOR CODING AND BODY NUMBERING SECTION 16. - There shall be a color scheme to be assigned by the Motorized Tricycle Regulatory Unit (MTRU) and which shall be adopted to identify the area of operation of the different motorized tricycles for-hire. SECTION 17. - Motorized Tricycle For-Hire shall bear a body number to be controlled by the local Philippine National Police (PNP) Command. SECTION 18. - Motorized Tricycles Operators Permit (MTOP)/Franchise Holder shall paint the corresponding Motorized Tricycle Regulatory Board (MTRB) Case Number on the frontside, rearside and inside the unit which shall not be less than two (2) inches high. The Police Control Number shall also be painted on the frontside and rearside of the unit just below the Motorized Tricycle Regulatory Board (MTRB) Case Number, which shall not be less than four (4) inches high in red color on a white background. ARTICLE XII - ROUTES, TERMINALS AND AREA OF OPERATIONS/DRIVER'S ID SECTION 19. - Only motorized tricycles duly listed with the Sangguniang Panlungsod, through the Motorized Tricycle Regulatory Unit (MTRU) and Motorized Tricycle Regulatory Board (MTRB), shall be allowed to operate within the routes and terminals allocated for motorized tricycles operations as determined and authorized by the Sangguniang Panlungsod in coordination with the Motorized Tricycle Regulatory Board (MTRB), Motorized Tricycle Regulatory Unit (MTRU), Barangay Officials and appropriate government agencies concerned. The number of motorized tricycles for-hire allowed in each route shall be determined in accordance with the Route Measured Capacity (RMC) previously set by the Sangguniang Panlungsod, but in no case the total number of units to operate within the jurisdiction of Pagadian City to exceed Two Thousand (P2,000) units. SECTION 20. - Identification Cards of drivers shall be issued by the Motorized Tricycle Regulatory Unit (MTRU) at the cost and shall be displayed in a conspicuous place inside the sidecar/cab. ARTICLE XIII - RULES AND REGULATIONS SECTION 21. - Only Filipino Citizens and partnership, corporations or associations with Filipino equity are qualified to be operators of motorized tricycles for-hire. However, no Motorized Tricycle Operators Permit (MTOP) shall be granted unless the applicant is in possession of unit/s with valid registration documents duly issued by the Land Transportation Office (LTO). SECTION 22. - Grantee of Motorized Tricycle Operators Permit (MTOP) must be covered by a common carrier's insurance sufficient to answer any liability it may incur to passengers and third parties in the event of an accident. SECTION 23. - No motorized tricycle for-hire shall be allowed to operate within the jurisdiction of Pagadian City without having first complied with the following: Enlistment with Motorized Tricycle Regulatory Unit (MTRU) Valid Land Transportation Office (LTO) Registration Annual Safety Inspection/Check-up by the Land Transportation Office (LTO) Issuance of Motorized Tricycle Operators Permit (MTOP) Insurance Coverage SECTION 24. - No motorized tricycle for-hire shall be allowed to operate beyond its designated or allowed area of operation except in extreme emergencies involving the preservation of life and/or property. SECTION 25. - No motorized tricycles for-hire shall be allowed to carry more passengers and/or commodities than it is designed for. SECTION 26. - Public motorized tricycle for-hire are not allowed to collect more than the prescribed fare rate which shall be posted prominently at the motorized tricycle terminal/s and in a conspicuous part inside the sidecar/cab. SECTION 27. - No driver of public motorized tricycle for-hire shall refuse to convey passengers to their respective destination within their allocated or designated route or area of operation, except for a valid and justifiable reason. SECTION 28. - Public motorized tricycles for-hire are not allowed to operate without the prescribed color scheme, body number and other prints as provided under Sections 16, 17 and 18 of Article XI of this Ordinance. SECTION 29. - An operator opting to transfer to another zone or area of operation shall be allowed only upon application for change of route and payment of the prescribed fee in accordance with Section 11 (G) of Article VIII of this Ordinance. SECTION 30. - Operators shall employ only drivers with valid and appropriate Professional Driver's License duly issued by the Land Transportation Office (LTO). ARTICLE XIV - OTHER PROVISIONS SECTION 31. - The Motorized Tricycle Regulatory Unit (MTRU) shall furnish the Sangguniang Panlungsod, through the Motorized Tricycle Regulatory Board (MTRB), records of motorized tricycles for-hire and their operators as well as the route/s and terminal/s allowed or designated for motorized tricycles for appropriate actions and/or disposition. ARTICLE XV - PENAL PROVISIONS SECTION 32. - Except those falling within the purview of R.A. No. 4136 and other related laws of national applications, violation of the pertinent provisions of this Ordinance shall be penalized by a fine of not less than Three Hundred (P300.00) pesos but not more than One Thousand (P1,000.00) Pesos or an imprisonment for a period of not exceeding six (6) months or both, such fine and imprisonment to be imposed at the discretion of the Court. ARTICLE XVI - REPEALING CLAUSE SECTION 33.- Any ordinance, or parts thereof which are inconsistent with this Ordinance are hereby repealed and modified accordingly. ARTICLE XVII - EFFECTIVITY SECTION 34. -This Ordinance shall take effect immediately upon approval. ENACTED AND APPROVED by the Sangguniang Panlungsod of Pagadian City during its 35th Regular Session on August 31, 1993 at the Session Hall.