ORDINANCE NO: 2017-379 Sponsor: Committee on Public Utilities, Transportation, Communications & Franchising "AN ORDINANCE AMENDING SECTIONS 2, 3, 4, 5, 8, 14, 15 AND 24 OF CITY ORDINANCE NO. 2017-379 AND REDEFINING THE DUTIES AND RESPONSIBILITIES OF THE MTRU AND MTRB" Be It Ordained by the Sangguniang Panlungsod in Session Assembled that: SECTION 1. - Section 2 of City Ordinance No. 1993-110 is hereby amended to read as follows: "SECTION 2. - This Ordinance shall apply to all motorized tricycles for hire within the territorial limits or jurisdiction of Pagadian City." SECTION 2. - Section 3 of the Ordinance is hereby amended to read as follows: "SECTION 3. - As used in this Ordinance, the following terms shall mean: a) Motorized Tricycle - is a motor vehicle composed of a motorcycle fitted to a single-wheeled sidecar or motorcycle with two wheeled cab or any three-wheeled passenger conveyance; b) Bao-bao - a local term used to call the three-wheeled passenger conveyance which, for purposes of this ordinance, is considered as a motorized tricycle. c) Public Motorized Tricyle or Motorized Tricycle For Hire - is a motorized tricycle or tri-wheeler rendering transport service to the general public for a fee. d) 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. e) Route Measured Capacity (RMC) - is the number of motorized tricycle for hire units covered with a valid franchise and allowed in its route as set by the Sangguniang Panlungsod. f) Route Specific MTOP - refer to motorized tricycles allowed to ply passengers in a specific route specified in the MTOP within the city. g) Route General MTOP - refer to motorized tricycles allowed to ply passengers anywhere in the entire City of Pagadian. h) Board - refers to the Motorized Tricycle Regulatory Board. i) MTRU - refers to the Office of the Motorized Tricycle Regulatory Unit." SECTION 3. - Section 4 of the Ordinance is hereby amended to read as follows: "SECTION 4. The Office of the City Mayor is tasked to implement the provisions of this Ordinance through the Motorized Tricycle Regulatory Unit which shall be created by the City Mayor and shall have the following composition and duties: a) Composition: 1) One (1) MTRU Head/In-Charge whose qualification standards are as follow: a) Must be a college graduate; b) Must have undergone a 10-hour training on or must have at least 6 college units in transportation or common carrier subjects/management or 1-year actual experience in the management of common carriers or common carrier terminal operations. 2) One (1) MTRU Service/Record Clerk whose qualification standard are as follows: a) Must be a college graduate; b) Must have at least 10 units in computer technology. b) Duties: 1) Enlist all Public Motorized Tricycle For-Hire operating within the territorial jurisdiction of Pagadian City. 2) Attend to the documentation for the registration and process applications for franchise of all Motorized Tricycles intending to operate on Hire-Basis. 3) Prepare all MTOP and submit a summarized list of all approved MTOP to the MTRB; The summarized list shall include the following data: a) Name of Grantee b) Address of Grantee c) Date of Grant and Expiration d) MTOP Plate Number 4) 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. 5) Report observed problems, both procedural or substantive, in the operations of the MTRU to the Board. 6) Propose solutions to problems perceived to the Board for issuance of policy on the matter. 7) Call for a general or limited meetings of MTOP grantees for purposes of dispensing new policies or information for the smooth operations of the MTRU. 8) Do other duties that may be prescribed by the Sangguniang Panlungsod as the need arises." SECTION 4. - Section 5 of the Ordinance is hereby amended to read as follows: "SECTION 5. - The Motorized Tricycle Regulatory Board under the Sangguniang Panlungsod is hereby created with its composition and its powers and authority, as follows: a) Composition: Chairman : Chairman, Committee on Public Utilities, Transportation, Communications & Franchising of the Sangguniang Panlungsod Members : 1) Chairman of the Committee on Ways & Means of the Sangguniang Panlungsod 2) Chief of the Motorized Tricycle Regulatory Unit 3) Chairman, Committee on Barangay Affairs of the Sangguniang Panlungsod or the President, City Federation of the Liga ng mga Barangay; 4) Chief of the Traffic Enforcement Division of the City 5) Chief of the Traffic Management Division of the PNP 6) One (1) NGO representative to be determined by the SP b) Powers and Authority. The Motorized Tricycle Regulatory Board shall have the following powers and authority: 1) Issue, amend, revise, suspend, or cancel Motorized Tricycle Operators Permit (MTOP) for cause and prescribe the appropriate terms and conditions thereof. 2) Prescribe and regulate zones or service areas in coordination with the Sangguniang Pambarangay of the areas to be affected. 3) Establish and prescribe the conditions and qualification of grantees not mentioned in this ordinance. 4) Establish and prescribe the conditions of the motorized units with safety and comfort of passengers as the prime factors of consideration. 5) Establish a standard measurement of tricycle seats, legroom, headroom, and minimum engine size. 6) Establish a policy on the mandatory replacement of old motorcycle engines or prime movers. 7) Establish a policy guideline in relation to grant of MTOP to fifty (50) units of the "Bao-bao" out of the existing number of tricycles allowed to operate as Motorized Tricycle For Hire through change of unit. 8) 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. 9) Perform such other powers and authority that the Sangguniang Panlungsod may grant unto it. 10) Issue policies on the qualification of tricycle drivers." SECTION 5. - Section 8 of the Ordinance is hereby amended as follows: "SECTION 8. - Applicants for a motorized tricycle franchise should present the following documents: SECTION 6. - Section 15 of the Ordinance is hereby amended to read as follows: "SECTION 15. - A surcharge of Twenty-Five (25%) Percent of the Franchise Fee for every month of delay 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." SECTION 7. - Section 14 of this Ordinance is hereby modified with the inclusion of the following sub-sections, to wit: "a) The grantee shall be given a grace period of thirty (30) days following the date of expiration to renew their franchise/motorized tricycle operators permit (MTOP); b) Failure to renew within the time prescribed shall be a ground for revocation or forfeiture of the motorized tricycle operators permit (MTOP)." SECTION 8. - Section 24 is hereby modified and amended as follows, to wit: "SECTION 24. - a) 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. b) No person shall be allowed to drive a public motorized tricycle for-hire without a special permit to drive from the MTRB." SECTION 9. Enforcement. - The City Mayor's Office, the City Traffic Division, and the PNP Traffic Division shall, at all times, strictly enforce this Ordinance. SECTION 10. Separability Clause. - If any provision or part of this Ordinance be declared void or unconstitutional, the same shall not affect the validity of the other provisions or parts of this Ordinance. SECTION 11. Repealing Clause. - Any resolution, ordinance or parts thereof which are inconsistent with this Ordinance are hereby repealed and modified accordingly. SECTION 12. Effectivity. - This Ordinance shall take effect immediately upon its approval. ENACTED AND APPROVED by the 12th City Council of Pagadian City during its 42nd Regular Session held on 20 June 2017 at the Sangguniang Panlungsod Session Hall, Pagadian City.