Tricycle Ordinance
Tricycle Ordinance
Tricycle Ordinance
1. Arrogant- shall refer to the behavior or attitude of the driver of a tricycle for hire which is
boisterous and/or by utterance of harsh, offensive, degrading annoying or insulting
remarks. Unduly or excessively proud; overbearing, haughty;
2. BPLO-the Business Permits and Licensing Office of the Municipality of San Jose,
Occidental Mindoro in charge of accepting and processing applications for franchise of
motorized tricycles;
3. Colurom- Tricycles operating without franchise within the territorial jurisdiction of the
Municipality of San Jose, Occidental Mindoro;
5. Franchise- is a privilege, affected with the public interest which is conferred upon private
person or corporations, under such items and conditions as the government and it political
subdivisions may impose in the interest of public welfare, security and safety;
6. Reckless- voluntary doing by motorist of an improper or wrongful act;
7. Tricycle or tricycle-for-hire- a motor vehicle composed of a motorcycle fitted with a
single-wheel sidecar or a motorcycle with the two-wheel cab operated to render transport
services to the general public for a fee;
8. Tricycle Fare- the amount paid by a passenger to a tricycle driver for the consideration of
a conveyance made;
9. TODA- are the duly accredited Tricycle Operators and Drivers Associations by the
Sangguniang Panlungsod;
10. Three Strike Policy- is the taken against the tricycle driver/operator who committed
three (3) traffic offences of the same kind punishable with the cancellation of the MTOP;
12. Operator/Owner- shall mean the actual legal owner other than the lien holder of motor
vehicle in whose name such vehicle is duly registered with the Land Transportation Office
(LTO) having property rights and interest to motor vehicle subject to a security interests
with another person, but excludes a lessee under a lease not intended as a security;
13. Driver- shall mean any licensed person/operator of a motor vehicle who drives or id in
actual physical control of vehicle;
14. Zone- a contiguous land area or block, say a subdivision or a barangay where a tricycle-
for-hire may operate without a fixed origin and destination
Section 8. CHANGE OF DRIVER- The operator shall report the change of driver to
the Tricycle Regulatory Unit. In addition to this, all tricycle operators must register their
drivers including their alternates to the Tricycle Regulatory Unit.
Section 9. After all compliance with the requirements mentioned in section 6 and
after due verification, the application shall be submitted by the Tricycle Regulatory Unit of
the Municipality of San Jose Tricycle Franchising and Regulatory Board (CCFTRB)
Section 10. The Regulatory Unit, upon submission of the application with the
Certification that all requirements have been duly complied with, shall conduct a summary
hearing on the said application to recommend the approval of the application and issuance
of MTOP by the Sangguniang Panlungsod
Section 11. After the conduct of summary hearing and the Municipality of San Jose
Tricycle Franchising and Regulatory Board satisfied that the applicant can perform the
duties and obligations of an operator of a public conveyance, shall case the approval of the
application for the issuance of MTOP
2. Sale of the tricycle by the operator to another person. It shall be the duty of the
franchisee to immediately inform the Tricycle Regulatory Unit of the sale. Thereafter,
should the vendee desire to operate the tricycle for public conveyance within the
Municipality of San Jose, the vendee shall then file his own application for a Tricycle
Operators Permit at the Office of the Tricycle Regulatory Unit which application shall be
considered as new application. (The sidecar or motorcycle has been sold to other person)
Section 18. TRICYCLE FARE- Under the ordinance the prescribed tricycle fare rate
is indicated.
1. Fare matrix shall be displayed conspicuously inside the sidecar fronting the
passenger, without which the driver cannot demand any fee from the passenger.
2. The minimum basic fare of 12.00 is based on the maximum distance of 3.0
kilometers or less reckoned from the site of the Municipality Hall, while every additional
kilometer or a fraction thereof shall increase by 1.00 accordingly.
Section 19. LOAD LIMIT- No tricycle shall carry and convey more than Four (4)
passengers at any time.
Section 20. NIGHT TIME TRICYCLE SERVICE- TODA members are obliged to
secure night time permit to operate after 8:00 PM from the PNP
quick reaction Unit. They are required to register their passenger wanting to be conveyed
on outside of the poblacion or out of town trips is amicably arranged.
B. Tricycle Drivers are required to wear their uniforms (vest) at all times when
operating their tricycles.
Section 23. THREE (3) STRIKE POLICY- A three (3) strike policy shall be
implemented to those apprehended for the third time on the same offence of which
offense the penalty is the revocation of the MTOP.
Section 24. TODA ACCREDITATION- All existing tricycle operators and drivers
association (TODA) in the Municipality of San Jose shall apply for accreditation with
the Sangguniang Panlungsod for them to be duly recognized by the Municipality
Government for the implementation of rules and regulations and the proper
dispensation of any arising problems from their association.
Section 25. PENAL PROVISION- Violation of any of the following shall be penalized
as follows:
A. OPERATORS OFFINSES
Pertaining to finance
Pertaining to Sticker/I.D/OR.DL
B. DRIVERS OFFENSES
1. Driving without a copy of the Franchise
Operator P500.00
Driver 100.00
600.00
2. No Mayors Permit in Possession (Xerox) 100.00
3. Overloading 200.00
4. Overcharging 500.00
5. Refusal to convey Passenger 500.00
6. Driving under the Influence of Liquor of prohibited Drugs 1, 000.00
7. Driving in short/Sando/Slippers 500.00
8. Reckless/Arrogant/Discourteous Driver
First Offense 500.00
Second Offense 750.00
Third Offense 1, 000.00
9. Driving without License
Operator P500.00
Driver
750.00
P1, 250.00
10. Driving without OR/CR 100.00
11. No drivers I.D card 500.00
12. Unsigned I.D Card 1, 000.00
13. Fake drivers License, MTOP, ID, CR 1, 000.00
14. Use of Others IC card, Drivers License 750.00
Section 27. TRICYCLES COMING FROM OTHER MUNICIPALITIES- tricycle coming from
other Municipalities, as amended, they are prohibited to operate and convey passengers
with the city except to passenger from the Municipality where they come from up to the
destination of the passenger or their authorized station.
Additionally, they shall secure a Mayors Permit before they are allowed to enter the
Municipality to convey their passenger to their destination or to pick them up again after
the day.
The Mayors Permit shall be issued upon payment of an annual regulatory fee of Five
Hundred (P 500.00) Pesos subject to the presentation of the latest O/R and C/R of the
motorcycle and Professional Drivers License of its driver.
Section 29. BODY NUMBER- For identification purposes all tricycle sidecar shall
bear a permanent (painted) body number issued by the Tricycle Regulatory Unit. It must
bear the Municipality Seal and also the name of the Municipality of San Jose, the body
number must be placed in front, at the back, inside the sidecar. The Tricycle Regulatory Unit
shall determine the color of the numbers and such other details necessary.
The number issued to each tricycle-for-hire shall be permanent but shall upon
renewal of the Mayors Permit be provided with stickers.
And for this purpose, the phrase: NOT-FOR-HIRE shall be painted on the front and
back outside portions of the tricycle sidecar and on the inside front wall of the sidecar
fronting the passenger seat, the cost of which painting shall be shouldered by the tricycle
owner.
Section 31. All motorized tricycles and other similar vehicles for hire or for private
conveyance shall be provided with reflection lights at the front and rear and should be
provided with silencer to avoid unnecessary noise. The sidecar shall also be provided with
lamps, one at the rear and one at the front which shall be lighted after dark. A light should
inside the sidecar.
Section 32. Operation of tricycle-for-hire shall be subject to all existing traffic rules
and regulations and all national laws applicable thereto and the route of operation to be
determined by the Sangguniang Panlungsod.
A. OPERATOR
Only Filipino citizens and partnerships or corporations are qualified to be operators of
tricycles-for-hire.
B. DRIVER
A holder of professional drivers license issued by the Land Transportation Office.
Section 37. DRIVERS OR OPERATORS DATA- The drivers of operators data shall
consist of the following:
The ID shall be prescribed and provided by Tricycle Regulatory Unit before the
processing and issuance of the required Municipality ID card. The applicant driver or
operator of the tricycle-for-hire shall submit a copy of his recent Police Clearance.
Section 38. The ID card issued under this Code is renewable annually.
Section 39. SUBSIDIARY IMPRISONMENT- in the event that the violator cannot
pay the fine imposed pursuant to the provisions of this code, he shall be made to undergo
subsidiary imprisonment as may be imposed at the discretion of the court.
Section 42. FAILURE TO PAY FINE- Failure to pay the fine for violation of the
provisions of the Code within Fifteen (15) days from the date of apprehension shall cause
the suspension or revocation of franchise.
MISCELLANEOUS PROVISION
FINALK PROVISION
Section 45. REPEALING CLAUSE- All Ordinance, rules, orders and regulation par
parts thereof contrary to ore inconsistent with any provisions of this Ordinance are hereby
repealed.
Section 47. EFFECTIVELY- This amended Tricycle Ordinance shall take effect
fifteen(15) days after its approval, posted in at least three (3) conspicuous places in the
Municipality and its publication in the BAMBOO, the official gazette of the Municipality of
San Jose, Occidental Mindoro.
CERTIFIED CORRECT:
ROLANDO R. FORONDA, SR.
Municipality Secretary to the
Sanggunian
HON. HON.
Municipality Councilor Municipality Councilor
HON. HON.
Municipality Councilor Municipality
HON. HON.
Municipality Councilor Municipality
HON. HON.
Municipality Councilor Municipality
HON. HON.
Municipality Councilor Municipality/LNB President
ATTESTED:
HON.
Municipality Councilor and Presiding Officer pre- Tempore
APPROVED:
___________________________
Date
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