ORDINANCE NO: 2019-427 Authored by: Hon. Jesuseller Duterte "AN ORDINANCE AMENDING CITY ORDINANCE NO. 2019-427, ENTITLED: "AN ORDINANCE PROVIDING FOR THE ROAD NETWORK AND TRANSPORTATION MANAGEMENT CODE OF PAGADIAN CITY" PARTICULARLY PARAGRAPH (A) OF SECTION 143, ARTICLE 2; AND PARAGRAPHS (A) COMPOSITION, AND (B) POWERS AND AUTHORITY, BY INCORPORATING ITEM NO. 7, OF SECTION 144 OF ARTICLE 3 THEREOF" Be It Ordained by the Sangguniang Panlungsod (13th City Council) in Session Assembled that: SECTION 1. Section 143 of Article 2, Terminologies, particularly Paragraph (a) thereof, is hereby amended to read as follows: "SECTION 143. TERMINOLOGIES. - As used in this Chapter, 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 or any three-wheeled passenger conveyance or Motorcycle-Tricycle as classified by the Land Transportation Office in its Memorandum Circular No. 2018-2148, dated 03 August 2018, provided that such motorcycle-tricycle shall have an engine displacement of not more than 200 cc;" SECTION 2. The composition of the Motorized Tricycle Regulatory Board as provided under Paragraph (a) of Section 144, Article 3 of the Ordinance, is hereby reorganized, which shall now have the following composition, to wit: "SECTION 144. MOTORIZED TRICYCLE REGULATORY BOARD. - The Motorized Tricycle Regulatory Board under the Sangguniang Panlungsod is hereby created with its composition and its powers and authority, as follows: Composition: Chairman : Chairman of the 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) Chairman of the Committee on Laws, Rules & Policy Formulation of the Sangguniang Panlungsod; 3) Chairman of the Committee on Finance & Appropriations of the Sangguniang Panlungsod; 4) Chairman of the Committee on Barangay Affairs of the Sangguniang Panlungsod; 5) Chief of the Motorized Tricycle Regulatory Unit; and 6) One (1) NGO representative to be determined by the SP" SECTION 3. Paragraph (b) of Section 144, Article 3, of the Ordinance is hereby modified by incorporating Item No. 7 thereof and, which shall now be read as follows, to wit: b) 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) for cause 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 grantees not mentioned in this ordinance. Establish and prescribe the conditions of the motorized units with safety and comfort of passengers as the prime factors of consideration. 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 to grant MTOP to motorized-tricycle and other similar tricycles provided that there is an existing approved franchise from the MTFRB, thus allowing the operation of motorized-tricycle as a public utility vehicle through change of units in consonance with the following policies, to wit: That the operators shall have an already existing approved franchise for tricycles to be allowed to have a change of unit; The franchise holder shall present his/her existing approved franchise for tricycles to be able to apply to the MTFRB and MTFRU a Motorized Tricycle Operator's Permit (MTOP); and The continuous operation of the tricycle units whose franchise was already transferred to a motorized tricycle shall cause the suspension and subsequent revocation of the franchise thus, as a result, both tricycle and the motorized tricycle shall not be allowed to operate as public utility vehicle; 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 4. Separability Clause. - In case any provision of this ordinance shall be declared invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. SECTION 5. Repealing Clause. - Any resolution, ordinance or parts thereof which are inconsistent with this ordinance are hereby repealed or amended accordingly. SECTION 6. Effectivity. - This Ordinance shall take effect immediately upon its approval. ENACTED AND APPROVED by the Sangguniang Panlungsod (13th City Council) during its 13th Regular Session on 16 October 2019 at the SP Session Hall, Legislative Building, V. Sagun Street, San Francisco District, Pagadian City.