SPONSORED BY COUNCILOR MARIA ELENA BASCOS-HIDALGO
COUNCILOR ELADIO V. VILLANUEVA, SR.
COUNCILOR ARTEMIO M. VILLAPA, JR.
COUNCILOR BEATRIZ D. LIGERO
AN ORDINANCE REGULATING THE OPERATION OF MOTORIZED TRICYCLES IN THE MUNICIPALITY OF BALUNGAO, PANGASINAN, DESIGNATING A PARKING AREA AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF.
WHEREAS, Section 447 (3-vi) of the Local Government Code of 1991 also known as RA 7160, states that “the Sangguniang Bayan, subject to the guidelines prescribed by the Department of Transportation and Communications, regulate the operation of tricycles and grant franchises for the operation thereof within the territorial jurisdiction of the municipality;
WHEREAS, the Municipal Government of Balungao, Pangasinan has included from its newly updated revenue code some important regulatory provisions, including the collection of permit fees before a tricycle may be allowed to operate;
WHEREAS, the primary objectives of this local statute will further safeguard the interests of the tricycles operators and drivers and come up with significant provisions that will also ensure the safety and likewise preserve the interests of the public, in general;
NOW, THEREFORE, BE IT ENACTED by the Sangguniang Bayan of Balungao, Pangasinan, in session duly assembled, that:
SECTION 1– Title. This Ordinance shall be known as the Motorized Tricycles Operations Ordinance of 2006.
SECTION 2- Definition of Terms. Following are terms used in this Ordinance:
1. Motorized Tricycle- is a motor vehicle propelled other than by muscular power, composed of a motorcycle fitted with a single wheel sidecar or a motorcycle with a two wheeled cab, that latter having a total of four wheels, otherwise known as the motorela.
2. MTOP- Motorized Tricycles Operators Permit. Is a document granting franchise or license to a person, natural or juridical, allowing him to operate tricycles-for-hire over specified zones.
3. Parking Area – a particular area or space for parking motorized tricycles. The parking area shall be determined by the Sangguniang Bayan, in coordination with the MTOPRB.
4. MTOPRB- Motorized Tricycles Operators Permit Regulatory Board.
5. Tricycle operators- are persons involved in the business of operating tricycles.
6. Tricycle-for-hire- is a vehicle composed of a motorcycle fitted with a single-wheel side car or a motorcycle with a two-wheel cab operated to render transport services to the general public for a fee.
SECTION 3- Administrative Provisions.
a) Operators and drivers shall only be allowed to operate their motorized tricycles within the municipality after paying all necessary permit fees provided under Municipal Ordinance No. 2005-02.
b) Operators and Drivers shall not be allowed to operate without necessary LTO driver’s license and valid registration for their unit/s.
c) All existing Tricycle Operators and Drivers Association and other association that may hereinafter be organized, shall apply for their accreditation with the Office of the Sangguniang Bayan.
d) For the purpose of this Ordinance, all tricycle for hire shall have a common color RED, particularly the sidecar with an identification number, the word BALUNGAO and the name of their respective associations at the front and backside of the tricycle.
1. The Municipal Treasurer or his/her duly authorized representative/s shall first inspect the tricycle, prior the submission of forms and payment of necessary fees.
2. If circumstances arises that warrants the change of the prescribed common color, the Sanggunian and the MTOPRB have to authority to make appropriate action.
e) Tricycle for hire shall not be allowed to carry more than Four (4) passengers.
f) Operators and drivers shall install properly a trash can inside the tricycle.
g) The association and or organization of the tricycles operators and drivers shall maintain good sanitation within their assigned parking area. They are bound to observe all existing related ordinances and or ordinances that may hereinafter be promulgated by the Sangguniang Bayan.
h) Pursuant to Article 14, Section 57- 5.B of Municipal Ordinance No. 2005-02, the Sangguniang Bayan has the authority to establish fare structure, that is reasonable for both drivers/operators and the public. However, in order to observe proper protocol, the application for a new fare increase shall be first submitted by the concerned tricycles operators and drivers association to the Office of the Municipal
Mayor, attached therewith a receipt issued by the Municipal Treasurer’s office upon payment of application fee. The Municipal Mayor will officially endorse to the Sangguniang Bayan the said application, for review and approval.
i) For the purpose of this Ordinance, no drivers are allowed to operate without observing proper dress code. Drivers are hereby required to wear long pants, shoes and shirt with collar. Driver’s Identification Card (ID) shall be displayed inside the tricycle. The association shall be the one to provide identification cards, duly signed by the President.
j) Drivers who are found under the influence of liquor and or prohibited drugs shall suffer the penalties under this Ordinance.
k) The Sangguniang Bayan, in coordination with the Motorized Tricycle Operator’s Permit Regulatory Board or MTOPRB, shall designate a parking area. However, the Sanggunian and the MTOPRB shall have the authority to relocate the parking area, whenever circumstances will arise that warrants the immediate transfer of parking area.
l) No drivers shall park their tricycle, or permit it to stand, whether attended or unattended outside the designated parking area.
m) Gambling, drinking liquor and other illegal activities within the parking area are strictly prohibited.
n) For the purpose of this Ordinance, Police Personnel at the Balungao Police Station are hereby authorized to apprehend violators of this Ordinance.
o) In coordination with the Balungao Police Station, the Municipal Treasurer or any duly authorized representatives shall issue official receipt to any erring tricycle drivers and operators upon payment of fines under this Ordinance.
SECTION 4- Penalty Clause.
1.) Any person found violating this ordinance shall be penalized as follows:
a.) First Offense – a FINE One Thousand Pesos (P1,000.00).
b.) SECOND OFFENSE – a FINE of One Thousand Five Hundred Pesos (Php 1, 500.00)
c.) THIRD OFFENSE – a FINE of Two Thousand Pesos (Php 2,000.00) and revocation of Motorized Tricycle Operator’s Permit or imprisonment of NOT MORE THAN SIX (6) MONTHS or both at the discretion of the court.
2.) PUBLIC OFFICIALS – tasked to implement and enforce this Ordinance and who failed or refused to implement or enforce this local ordinance shall be punished with a FINE of Php 2,000.00 and/or IMPRISONMENT OF NOT MORE THAN SIX (6) MONTHS at the discretion of the court without prejudice to the filing of administrative complaint in the proper court or agency.
SECTION 5- Repealing Clause.
All Ordinances, rules and regulations, or part thereof, in conflict with, or inconsistent with any provision of this Ordinance are hereby repealed.
SECTION 6- Separability Clause.
If for any reasons, any section or provision of this Ordinance shall be held to be unconstitutional or invalid by competent authority, such judgment or action shall not affect or impair the other sections or provisions thereof.
SECTION 7- Effectivity.
This Ordinance shall take effect upon its approval and after due posting and publication as provided in the Local Government Code of 1991.
APPROVED UNANIMOUSLY, this 24th day of April 2006.
I HEREBY CERTIFY to the correctness of the above-quoted ordinance.
GERARDO U. ACOSTA
Secretary to the Sanggunian
GERRY G. LUNA
Municipal Vice Mayor/Presiding Officer
JOSE G. PERALTA, JR.