ORDINANCE NO: 1994-123 (Bill No. 17) "AN ORDINANCE PENALIZING TRICYCLE FOR-HIRE DRIVERS WHO REFUSE TO TRANSPORT PASSENGERS WITHOUT LAWFUL CAUSE" BE IT ORDAINED BY THE SANGGUNIANG PANLUNGSOD OF THE CITY OF PAGADIAN, THAT: ARTICLE I - PURPOSE SECTION 1. This Ordinance is enacted to ensure the welfare of the public which recognizes the need of immediate transport and, to encourage courtesy, honesty, professionalism among drivers of tricycles for-hire. ARTICLE II - DEFINITION OF TERMS SECTION 1. As used in this Ordinance, the following words and phrases shall mean: UNLAWFUL REFUSAL. - It shall be unlawful for any tricycle-for-hire driver to refuse to transport any passenger without lawful cause. COURTESY. - All drivers shall always maintain a courteous and polite attitude toward passengers, other drivers, and pedestrians. DESTINATION. - No driver shall refuse to transport any passenger for the reason that the destination is far, provided the same is within the territorial limits of the city. Provided, further, that there are existing roads or alleys leading to the destination of the passenger, and provided, furthermore, that the driver is authorized to transport passengers within the particular zone. PICKING UP OF PASSENGERS. - First come-first serve basis must be observed in picking up passengers. SPEED LIMIT. - A driver shall drive at the authorized speed of 20 KPH and should slow down on road humps and pot holes. LOAD CAPACITY. - No tricycle should carry more than five (5) passengers. ARTICLE III - LAWFUL REFUSAL SECTION 1. GROUNDS FOR REFUSAL. The following shall be deemed lawful and just grounds for refusal of transportation: Excess in capacity Destination is out of the other passenger's way as is apparent in the direction the tricycle-for-hire is taking Flat tire/Engine trouble/carbarn Lack of gasoline. But the driver shall stop for the passenger and inquire if he/she consents to a trip to a gasoline station before he/she is brought to his/her destination. Meal Time. But this should be during reasonable hours at breakfast time, 7:00 a.m. - 8:00 a.m.; lunch time, 12:00 Noon - 1:00 p.m.; and dinner time, 7:00 p.m. - 8:00 p.m. All Tricycles who do not want to solicit passengers must put the sign "NOT FOR HIRE." ARTICLE IV - FARE FOR TRANSPORTATION SECTION 1. COLLECTION. Drivers should not collect more than the authorized fare. ARTICLE V - PENALTY SECTION 1. PENALTY. Any person who violates this Ordinance shall upon conviction, suffer the penalty of: FIRST OFFENSE: Fine of One Hundred (P100.00) Pesos and/or imprisonment of One (1) day. SECOND OFFENSE: Fine of Three Hundred (P300.00) Pesos and/or imprisonment of Three (3) days. THIRD OFFENSE: In addition to a fine of Three Hundred (P300.00) Pesos and/or an imprisonment of Three (3) days, cancellation of the Driver's License. ARTICLE VI - SEPARABILITY CLAUSE SECTION 1. If any provision or part of this Ordinance shall be declared unconstitutional or invalid, the same shall not affect the constitutionality or validity of the other provisions or parts hereof. ARTICLE VII - REPEALING CLAUSE SECTION 1. All previous ordinances not consistent with the provisions of this Ordinance are hereby repealed or modified accordingly. ARTICLE VIII - EFFECTIVITY SECTION 1. This Ordinance shall take effect immediately after the period of posting. SECTION 2. Copies of this Ordinance shall be posted in the fourteen (14) barangay halls of the urban barangays of the city and in the City Hall for three (3) consecutive weeks. ENACTED AND APPROVED by the Sangguniang Panlungsod of Pagadian City on its 22nd Regular Session held on May 30, 1994.