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(NAR) VOL. 14 NOS. 3-4 / JULY-DECEMBER 2003

[ LTFRB MEMORANDUM CIRCULAR NO. 2003-032, December 15, 2003 ]

ISSUANCE OF SPECIAL PERMITS



The issuance of these Special Permits do not require notice to affected parties, without public hearing, limited in duration and they are not by any means intended to be substituted for regular Certificate of Public Convenience.

I. SPECIAL PERMIT/S TO OPERATE OUTSIDE THE AUTHORIZED ROUTE/LINE DURING SPECIAL HOLIDAYS:  

The need to authorize additional BUSES to duly authorized bus operators to meet the extraordinary increase in the volume of passenger traffic during special holidays such as Christmas Season, Holy Week, All Soul's/Saint's Day and Ramadan, is subject to restrictions

Guidelines/Conditions:

1. The units proposed to be operated under the Special Permit shall not exceed twenty five (25) percent of the total authorized units of the operator. Consequently, the petitioner-applicant must indicate in his petition/application the total number of units authorized and registered under his name.

2. The route/line the applicant/petitioner proposes to serve shall be indicated with the units proposed for operation indicated by their chassis, motor and plate numbers including the LTFRB Case number they are presently authorized for operations.

3. Applicant/Petitioner should submit a fare matrix on the route he proposes to operate, which should conform to the authorized fare on the aforesaid route.

4. Applicant/Petitioner must indicate in his/her application/petition the locations and addresses of the terminals on both ends of the route/line where he proposes to operate his unit/s.

5. The duration of the special permit must not last longer than the duration of the holiday intended to be addressed. In the case of all Souls/Saints Day, from October 30 to November 3; Holy Week, from Palm Sunday to the day after the Easter Sunday; Christmas Season from December 18 to January 6; and on the day of Eidle Fitr and Eidle Adha including the day before and day after.

6. Applications/Petitions must be filed at least seven (7) days prior to the operations of the unit/s.

Applications/Petitions for this type of Special Permit/s may be filed in any LTFRB Office where the units proposed to be operated will run or traverse, EXCEPT, when the unit/s will enter or originate in Metro Manila, in which case the Application/Petition shall be filed and approved by the Board at the Central Office.

II. SPECIAL PERMIT TO OPERATE OUTSIDE THE AUTHORIZED LINE/ROUTE ON SPECIAL OCCASIONS OR ACTIVITIES

Special Permit may be issued on certain activities or occasions where Public Utility Vehicles (PUV's) are hired/rented or chartered to transport people from one place to another which may include civil, social or religious activities like, Independence Day celebrations, town fiestas, excursions/picnics, office activities or celebrations, like attendance to meetings, seminars or conferences, weddings, birthdays, anniversaries, family festivities and the like and also to meet, fetch or ferry individual/s to and from the airport, pier or bus terminals.

Guidelines/Conditions:

1. As far as PUB's are concerned, the 25% limitation provided in Paragraph I, No. (1) should apply.

2. The route/line or places applicant/petitioner proposes to run or traverse, shall be indicated with the units proposed to be utilized. Included also, their chassis, motor and plate numbers indicating the LTFRB Case numbers they are presently authorized for operations, shall be indicated.

3. The Applicant/Petitioner shall submit a copy of the contract for the transport of passenger or the rental of the unit/s to be operated.

4. Shall not pick-up and/or drop paying passengers along the way.

5. The duration of the Special Permit must not last longer than the day after the Special Occassion or Activity intended to be observed or addressed.

6. Applications/Petitions must be filed prior to the operation of the unit/s.

Applications/Petitions for this type of Special Permit may be filed with and approved by any of the LTFRB Office where the unit/s proposed to be operated will run or traverse.

III. SPECIAL PERMIT/S TO UTILIZE PUV'S TO TRANSPORT OR CARRY COMMERCIAL, INDUSTRIAL, AGRICULTURAL/FARM EQUIPMENT, MATERIALS, GOODS OR PRODUCTS OUTSIDE THEIR REGULAR ROUTE/LINE OF OPERATION:

It is widely observed that Trucks for Hire are not the sole carrier and only means of vehicle utilized for transporting equipment, materials, goods or products from one place to another. Even other types of service are commonly availed of for practical reasons.

Guidelines/Conditions:

1. In case of PUB's, the 25% limitation provided in Paragraph I, No. (1) should apply.

2. The route/line or places proposed to be run or traversed by the units shall be indicated with the unit/s proposed for operation indicated by their chassis, motor and plate numbers including the LTFRB Case Numbers they are presently authorized for operations.

3. The duration of the Special Permit shall last until the equipment, materials, goods or products are delivered or unloaded and the unit/s, shall have reached its final destination.

4. Applications/Petitions must be filed prior to the operation of the unit/s.

Applications/Petitions for this type of Special Permit may be filed with and approved by any of the LTFRB Office where the unit/s proposed to be operated will run or traverse.

IV. SPECIAL PERMITS DUE TO STRIKES AND OTHER SIMILAR CONTINGENCIES  

To protect the riding public, there is need to lessen and counter the difficulties and chaos that may be the result of transport strikes and other similar contingencies. Consequently PUV's may be authorized to operate outside their normal/regular operation.

Guidelines/Conditions:  

1. The route/line or places proposed to be run or traversed by units shall be indicated with the unit/s proposed for operation indicated by their chassis, motor and plate number including the LTFRB Case Numbers they are presently authorized for operations.

2. The duration of the Special Permit shall be solely be determined by the Board.

3. Application/s/Petition/s may be filed anytime prior to the operation of the unit/s

Application/s/Petition/s for this type of Special Permit may be filed with and approved by any of the LTFRB Office where the unit/s proposed to be operated will run or traverse that are affected by the strike or other similar contingency.

V. REQUIREMENTS COMMON TO ALL APPLICATIONS/PETITIONS FOR SPECIAL PERMIT

1. Application/Petition must be verified.

2. Payment of the Special Permit Fee.

3. Show proof that the unit/s proposed to be operated is covered by a valid and subsisting Passenger Accident Insurance (except in the case of TH)

4. Show proof that the unit/s are duly registered with the Land Transportation Office (OR/CR).

5. Petitioner/Applicant guarantees the road worthiness of the unit/s he proposes to operate.

6. The Special Permit must at all times be carried by the unit/s being operated.

VI. SPECIAL PERMIT/S NEED NOT BE SECURED EVEN IF PUV'S WILL OPERATE OUTSIDE THEIR LINE/ROUTE UNDER THE FOLLOWING CIRCUMSTANCE/S:  

1. Emergency cases (e.g. passenger - patient will be brought to hospital or doctor for immediate medical attention or treatment)

2. During Calamities (e.g. purpose is to evacuate people or transport properties/goods to and from the site or area of calamities.

VII. REVOCATION/CANCELLATION OF MC NO'S. 91-014 AND

Due to its widespread and extensive abuse, Memorandum Circular No's. 91-014 and 97-013 are hereby considered REVOKED and CANCELLED. Consequently "Family-Use" shall no longer be an excuse or reason for not applying or non-availment of a Special Permit.

This Memorandum Circular supersedes any and all issuances inconsistent herewith and shall take effect immediately upon its publication in a newspaper of general circulation, and the filing of three (3) copies hereof with UP LAW CENTER, pursuant to Presidential Memorandum Circular No. 11, dated 09 October 1992.

So ordered.

Adopted: 15 Dec. 2003

(SGD.) MARIA ELENA H. BAUTISTA
  Chairperson


(SGD.) FELIX S. RACADIO
  Board Member
(SGD.) REMEDIOS G. BELLEZA
  Board Member
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