Joint Administrative Order No. 2014-01: Revised Schedule of Fines and Penalties for Violations of Laws, Rules and Regulations Governing Land Transportation [full text]

Republic of the Philippines
DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS

JUNE 2, 2014

JOINT ADMINISTRATIVE ORDER NO. 2014-01

SUBJECT: REVISED SCHEDULE OF FINES AND PENALTIES FOR VIOLATIONS OF LAWS, RULES AND REGULATIONS GOVERNING LAND TRANSPORTATION

Pursuant to Executive Order No. 125, paragraph 5 (o), as amended by Executive Order 125-A and Executive Order No. 292 (otherwise known as “Administrative Code of 1997”), Title XV, Chapter 1, Section 3 (14), which states the power of the Department of Transportation and Communications to establish and prescribe the corresponding rules and regulations for the enforcement of laws governing land transportation services, including the penalties for violations thereof, the following revised schedule of finds and penalties for violations of laws government land transportation services and the procedures for apprehension and adjudication thereof are hereby promulgated and approved for implementation:

I. VIOLATIONS IN CONNECTION WITH LICENSING

II. VIOLATIONS IN CONNECTION WITH MOTOR VEHICLE REGISTRATION REGISTRATION/RENEWAL/OPERATION

III. VIOLATIONS IN CONNECTION WITH DIMENSIONS, SPECIFICATIONS, WEIGHT AND LOAD LIMITS

IV. VIOLATIONS IN CONNECTION WITH FRANCHISE

V. GENERAL PROVISIONS

Unless otherwise indicated, all references to motor vehicles shall include motorcycles and tricycles.

In all cases where the penalty includes the confiscation, suspension or revocation of a driver’s license or student permit as well as the suspension or revocation of the registration of a motor vehicle or impounding the motor vehicle, and the same cannot be immediately implemented, the driver’s license, student permit or motor vehicle as the case may be shall be put on alarm until the proper penalty may be implemented.

A Temporary Operator’s Permit (TOP) shall authorize a driver to operate a motor vehicle for a period of seventy-two (72) hours only. Further, all apprehensions are deemed admitted unless contested by filing a written contest within five (5) days from date of apprehension. However, failure of the driver to pay the corresponding penalty within fifteen (15) days from the date of apprehension shall cause the automatic suspension of his driver’s license for a period of thirty (30) days from the date of apprehension, in addition to the fines and penalties prescribed hereunder. The LTP shall resolve a contested case within five (5) days from receipt of said written contest.

The imposition of the foregoing fines and penalties shall be without prejudice to any criminal action that may be instituted under existing laws, rules and regulations.

Within twenty four (24) hours from the payment of the fine of an admitted case or from resolving a contested case, the LTO through its Traffic Adjudication Service (TAS) or Regional Office, shall transmit to the LTFRB the resolution/result of all apprehensions relative to violations in connection with franchise under Rule IV herein.

Upon receipt of the resolution/result of all apprehensions from LTO’s TAS or Regional Office as provided in the preceding paragraph, the Board or its Regional Franchising and Regulatory Office (RFRO), as the case may be, shall hear and decide all franchise violations in accordance with the following procedure:

1. Within 36-hours from the receipt of the resolution/result of all apprehensions from LTO’s TAS or Regional Office, a Show Cause Order shall be issued against the operator informing him/her of the franchise violation and requiring him to file a verified explanation why the corresponding fine or penalty shall not be imposed.

2. The operator shall file his/her/its verified explanation within a non-extendible period of five (5) days from his/her/its receipt of the Show Cause Order. Failure on the part of the operator to file the said verified explanation shall be considered a waiver of his/her/its right to be heard.

3. After the lapse of the said five (5) day period, the Board or RFRO shall consider the case submitted for decision, with our without the verified explanation by the operator provided there is actual proof that the operator duly received the Show Cause Order.

4. Upon receipt of the Decision of the Board or RFRO, the operator shall have a period of five (5) days within which to file his/her/its Motion for Reconsideration. Only one (1) Motion for Reconsideration shall be allowed.

5. The operator may appeal the Decision of the Board or the latter’s Order resolving his/her/its Motion for Reconsideration to the Office of Secretary of Department of Transportation and Communications (DOTC) within a non-extendible period of ten (10) days for receipt of the Decision or Order.

5.1 The appeal of the operator shall not stay the execution of the Decision or Order of the Board unless the Secretary of the DOTC shall order otherwise.

6. In cases heard and decided by LTFRB’s RFRO, the operator may appeal the Decision of the RFRO or the latter’s Order resolving his/her/its Motion for Reconsideration to the Board within a non-extendible period of ten (10) days from receipt of the sad Decision or Order.

6.1. The appeal of the operator shall not stay the execution of the decision or Order of the RFRO unless the Board shall order otherwise.
In the absence of any applicable provision in these rules, the pertinent provisions of the 2011 Revised Rules of Practice and Procedure of the LTFRB, which are not in consisted with this rules, shall be applied in a suppletory character and effect.

VI. SEPARABILITY CLAUSE

In the event that any provision shall be held or declared void, invalid or unenforceable by a court of competent jurisdiction or by legislation or regulation, the remainder of this Department Order shall be fully effective, operative, valid, enforceable and binding.

VII. REPEALING CLAUSE

All Department Orders, Memoranda, Circulars and other issuances in conflict herewith are hereby deemed revoked, amended or revised accordingly.

VIII. EFFECTIVITY

This Order shall take effect fifteen (15) days following its publication in two (2) newspapers of general circulations and filing of three (3) copies hereof with the Office of the National Administrative Register (ONAR) U.P. Law Center, Diliman, Quezon City, pursuant to Presidential Memorandum Circular No. 11 dated 09 October 1992.

SO ORDERED.

ATTY. ALFONSO V. TAN, JR.
Assistant Secretary
Land Transportation Office

ATTY. WINSTON M. GINEZ, C.P.A.
Chairman
Land Transportation Franchising and Regulatory Board

APPROVED:

JOSEPH EMILIO AGUINALDO ABAYA
Secretary
Department of Transportation and Communication

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