EXCERPT FROM THE MINUTES OF THE REGULAR SESSION OF …cardonarizal.gov.ph/Downloads/Ord11-the traffic code.pdf · 2012-04-21 · excerpt from the minutes of the regular session of

EXCERPT FROM THE MINUTES OF THE REGULAR SESSION OF THE

SANGGUNIANG BAYAN OF CARDONA, RIZAL, HELD ON 09 MAY, 2011 AT THE

SESSION HALL, THIRD FLOOR OF THE MUNICIPAL BUILDING.

PRESENT:

HON. TEODULO C. CAMPO - Municipal Vice-Mayor/

Presiding Officer

HON. THOMAS P. ANSELMO - Municipal Councilor

HON. MELVIN G. PANGUITO - Municipal Councilor

HON. ARIEL F. ESTRELLA - Municipal Councilor

HON. GIL F. PANDAC - Municipal Councilor

HON. DARWIN DJ. SAN JUAN - Municipal Councilor

HON. PEPITO JOSE O. CONSTANTINO - Municipal Councilor

HON. HERNANDO M. SISON - Municipal Councilor

HON. AUGUSTO SJ. ZAPANTA - Ex-Officio (LMB President)

HON. KURT YRREJ S.A. CONCEPCION - Ex-Officio (PPSK President)

ABSENT:

HON. FREDERICK P. AZOTILLO - Municipal Councilor

************************************************************************

MUNICIPAL ORDINANCE NO. 2011-002

AN ORDINANCE ENACTING THE TRAFFIC CODE OF

THE MUNICIPALITY OF CARDONA, RIZAL

Author: Councilor Darwin DJ. San Juan

Co-authors: Councilor Thomas P. Anselmo Councilor Hernando M. Sison,

Councilor Melvin G. Panguito Councilor Pepito Jose O. Constantino

Councilor Frederick P. Azotillo LMB President Augusto SJ. Zapanta

WHEREAS, Section 16 of the R.A. 7160 or The Local Government Code of 1991

states that the Local Government Unit shall exercise the powers expressly granted, those

necessarily implied there from, as well as powers necessary, appropriate, or incidental for its

efficient and effective governance, and those which are essential to the promotion of the

general welfare. Within their respective territorial jurisdictions, local government units shall

ensure and support, among other things, the preservation and enrichment of culture, promote

health and safety, enhance the right of the people to a balanced ecology, encourage and

support the development of appropriate and self-reliant scientific and technological

capabilities, improve public morals, enhance economic prosperity and social justice, promote

full employment among their residents, maintain peace and order, and preserve the comfort

and convenience of their inhabitants;

NOW, THEREFORE, be it ordained by the Sangguniang Bayan in session

assembled that:

Municipal Ordinance No. 2011-002-Cardona, Rizal 2

ARTICLE I

TITLE, POLICY, SCOPE AND DEFINITIONS

SECTION 1. TITLE. – This ordinance shall be known as “LOCAL TRAFFIC

CODE OF CARDONA, RIZAL”.

SECTION 2. DECLARATION OF POLICY – It is hereby declared the policy of

the Municipality of Cardona, Rizal to make the flow of traffic orderly and more efficient in

order to serve as a necessary means for its economic development and progress, and as a

necessary tool for the maintenance of peace and order within the municipality, and in the

promotion of public safety and order.

SECTION 3. SCOPE. – The provisions of this code shall govern the regulation of

traffic and all kinds of motor vehicle within the Municipality of Cardona, Rizal, including the

management of Local Tricycle Franchising and Regulatory Board.

SECTION 4. DEFINITION OF TERMS – As used in this code, the following shall

mean:

1. Asian Utility Vehicle (AUV) for hire (“FX”)/Van for hire – refers to an AUV or FX

Van that renders transport services for a fee.

2. Citation Ticket – refers to a ticket issued to those who committed violation of any

provision of this traffic code.

3. Crash Helmets – refers to a headgear usually worn by amateur/professional cyclist

and motorcyclist serving as a protection against head injury, as prescribed by the

LTFRB.

4. CTFRB – refers to Cardona Tricycle Franchising and Regulatory Board which issues

permit to operate as public utility to tricycles.

5. CTFRB Franchise – is a special privilege granted by the Municipality of Cardona,

Rizal to any person or any juridical entity to use and operate tricycle unit/s as public

utility rendering transport services for a fee.

6. Delivery Trucks/Vans/Haulers – refers to a vehicle engaged in the delivery and

transporting of goods.

7. Drag Racing – refers to prohibited speed competition between two (2) or more

vehicles of any type within the jurisdiction of the municipality.

8. Driver – refers to any person who drives motor vehicles and the likes and duly

licensed as such by the Land Transportation Office.

9. LTFRB – refers to the Land Transportation Franchising and Regulatory Board.

10. LTO – refers to the Land Transportation Office.

11. Motorcycle – refers to any motor vehicles with two wheels.

12. Public Utility Jeepney (PUJ) – refers to a passenger type vehicle that provides

transport services for a fee, with duly approved franchise from LTFRB.


13. MTO – refers to Municipal Treasurer’s Office of Cardona, Rizal.

14. TEAM JUN – refers to Traffic Enforcement and Management Office.

15. Terminal – refers to a particular waiting area used for loading and unloading of

passengers and cargoes.

16. Tricycle – refers to a motorcycle with a cab/side car.

ARTICLE II

TRAFFIC ENFORCEMENT AND MANAGEMENT OFFICE

(TEAM JUN)

SECTION 5. CREATION - The Traffic Enforcement and Management Office

(TEAM JUN) is hereby created and placed under the Office of the Municipal Mayor.

SECTION 6. COMPOSITION – The Traffic Enforcement and Management Office

(TEAM JUN) shall be composed of Ten (10) members enumerated as follows:

Chairman: Municipal Mayor

Vice-Chairman: SBM Chairman of Committee on Transportation

Members: SBM Chairman of Committee on Rules

SBM Chairman of Committee on Peace and Order

Traffic Manager

Municipal Treasurer

Municipal Engineer

Chief of Police - Cardona PNP/

Traffic Officer of Cardona PNP

Representative from Accredited NGO

Representative from Accredited Transport Sector

SECTION 7. FUNCTIONS – The Traffic Enforcement and Management Office

(TEAM JUN) shall have the following functions:

1. Monitor and evaluate the planning on implementation of the Traffic Enforcement

and Management Component undertaken by the various municipalities and city in

the province and national agencies.

2. Formulate and recommend traffic measures and management schemes to the

Municipal Council for possible legislation.

3. Submit to the Local Chief Executive the periodic and special reports relative to the

traffic enforcement and management activities.

4. Keep records of information regarding traffic violations in the enforcement of this

code.

5. Develop and prescribe rules and procedures for the internal operations and

management on traffic regulations.

6. Perform such other related functions as maybe necessary to ensure effective

planning and implementation of traffic enforcement and management scheme.


SECTION 8. THE TRAFFIC MANAGER – There shall be a Traffic Manager to

manage the Traffic Enforcement and Management Office, who shall be under the direct

supervision and control of the Office of the Municipal Mayor and whose duties and

responsibilities are to implement this code; manage traffic concerns of the municipality and

those which may be determined as necessary in relation thereto by the Municipal Mayor.

He/She shall be appointed from among the regular/casual employee of the municipal

government and duly designated by the Municipal Mayor for the specific position.

SECTION 9. THE TRAFFIC ENFORCERS – The Municipal Mayor of Cardona,

Rizal shall appoint traffic enforcers and other personnel primarily responsible for the

enforcement of traffic laws, rules and regulations, and such other responsibilities which the

Municipal Mayor may decree.

SECTION 10. FUNCTIONS OF THE TRAFFIC ENFORCERS – The traffic

enforcers shall have the following functions:

1. Enforce the provisions of the Cardona, Rizal Traffic Code of 2011 and assist the

regular members of Cardona-PNP in the enforcement of all the national laws and

related local ordinance on traffic regulation applicable to the national highway and

streets within the Municipality of Cardona, Rizal;

2. Keep records of the names, addresses, driver’s license numbers, and registration and

plate numbers of vehicles, of all violators of this code.

3. Apprehend any person violating any provision of this code, and issue Citation Ticket

thereof upon confiscation of the driver’s license/official receipt after informing the

apprehended violator of the violation committed. Any penalty or fine shall be paid to

the Municipal Treasurer’s Office.

4. Surrender the confiscated driver’s license or official receipt not more than 24 hours

from confiscation to the Traffic Enforcement and Management Office (TEAM JUN).

5. When required under the circumstances, immobilize the vehicle driven or operated by

traffic violator using approved gadgets, impound the same as may be warranted, and

to release the same vehicle upon payment of the specified fine/s prescribed in this

code at the MTO., or as may be ordered by the proper authority

6. Perform such other functions as maybe directed by the Municipal Mayor or his direct

superior on matter pertaining to traffic enforcement and management and the

implementation of related ordinances and national laws and regulations.

7. Act as enforcer of other national laws or local ordinances, when violated in their

presence.

SECTION 11. QUALIFICATIONS – Qualifications of a Traffic Enforcer shall be as

follows:

1. He/she shall be twenty one (21) years old and above.

2. At least high school graduate.

3. Must have undergone course/training on traffic enforcement and management.

SECTION 12. FUNDING – The budget for the Traffic Enforcement and

Management Office (TEAM JUN) shall be drawn from the appropriations of the Office of the

Municipal Mayor or from any other source which the same Office may determine proper and

appropriate. Thereafter, subject to budget rules and regulations, there shall be appropriation in

the Annual Budget for the personal services and operating expenses of the said office.

Provided, that all fines and penalties shall accrue to the general fund. The Traffic Manager


and/or the Municipal Treasurer shall render a weekly report on such collection to the

Municipal Mayor.

ARTICLE III

PARKING

SECTION 13. COVERAGE – The provisions under this article shall govern all types

of vehicles, such as but not limited to, motorcycle, tricycle, cargo trucks or vans, PUJ’s,

AUV’s, private cars and the likes, among others.

SECTION 14. NO PARKING ZONE – All secondary streets within the mainland

barangays of the Municipality of Cardona, Rizal, are hereby declared as “No Parking Zone”.

Unless provided elsewhere in this code, the Municipal Mayor, through the traffic

manager, is authorized to designate any municipal properties or public area/s as “No Parking”

or “Parking Area”, provided that proper signboard shall be placed thereon.

SECTION 15. PARKING FEE – Any type of vehicle shall pay a parking fee at the

designated pay parking areas. The Municipal Treasurer and TEAM JUN are hereby tasked

and authorized to determine reasonable parking fee/s.

Barangay who hosted the designated parking area/s shall be given share from the

collection in such percentage as may be determined by the Municipal Mayor through the

Municipal Treasurer and TEAM JUN.

SECTION 16. VIOLATIONS – Any violations of Article III shall be fined as

follows:

First Offense – Issuance of citation ticket/s and a fine of P100.00

Second Offense – Issuance of citation ticket/s and a fine of P300.00

Third and Succeeding Offense – Issuance of citation ticket/s and a fine of P500.00

ARTICLE IV

FLOW OF TRAFFIC

SECTION 17. ONE WAY TRAFFIC ROUTE - One way traffic route is hereby

declared on the following:

a. From San Pedro Street, Barangay San Roque to Rizal Street, Barangay Real to

Quirino Boulevard, Barangay Patunhay going to Morong.

b. From Longos, Barangay Patunhay to Pasay Street, Barangay Del Remedio going

to Manila.

c. From San Pedro Street, Barangay San Roque to San Pedro Street, Barangay Iglesia

to San Pedro Street, Barangay Del Remedio.

SECTION 18. EXEMPTION/S – One way traffic route is hereby lifted during

occurrence/s of the following:

a. Flag Raising and Flag Retreating Ceremonies

b. Wakes

c. Emergencies

d. Cultural and local activities celebrations

e. Parades


f. Ten wheeler trucks/Long vehicles which conduct business and deliveries within

the municipality.

SECTION 19. TEN (10) WHEELERS TRUCKS AND ABOVE, TRUCKS/

LONG VEHICLES WITH TRAILERS AND THE LIKES – These types of vehicles that

do not have business or deliveries within the town proper of the municipality are hereby

prohibited to pass through the town proper.

Passing through the town proper must be allowed only on the following

circumstances:

a.) Not capable to climb the steep height of Cardona Diversion road.

b.) Heavy loaded with goods, items, merchandize, etc.

SECTION 20. SPEED LIMIT – There shall be a speed limit of thirty kilometers per

hour (30 km/h) for all types of vehicles within the poblacion area/town proper as provided

under RA 4136.

SECTION 21. DRIVING WITHOUT LICENSE – Driving without the required

Driver’s License, Professional for those who drive public utility vehicles/deliveries and

hauling, and Sub-Professional for those who drive private vehicles and the likes, issued by

Land Transportation Office (LTO) are strictly prohibited within the Municipality of Cardona,

Rizal.

Using expired driver’s license is likewise prohibited. Those holding a Student Driver’s

Permit must be accompanied by a driver with Professional Driver’s License when driving a

motor vehicle.

SECTION 22. UNREGISTERED VEHICLES – Unregistered motor vehicles or

those with expired registration papers are prohibited within the municipality.

SECTION 23. SPEED COMPETITION – Drag racing or speed competition in the

Barangay, Municipal, Provincial and National Roads within the jurisdiction of Municipality

of Cardona, Rizal is hereby prohibited.

SECTION 24. NO HELMET, NO TRAVEL POLICY – Driving of motorcycle

without the required helmet or head gear as prescribed under RA No. 10054, otherwise known

as “Mandatory Helmet Act of 2009”, is strictly prohibited within the jurisdiction of the

Municipality of Cardona, Rizal.

SECTION 25. NO CHILDREN AS PASSENGERS OR BACK RIDERS IN

MOTORCYCLE – It is hereby prohibited for any motorcycle driver to have children seven

(7) years old and below as “passengers” or “back riders” at anytime on any street in the

municipality.

Motorcycles are likewise prohibited to have more than one (1) adult passenger/back

rider.

SECTION 26. TRAFFIC SIGNS – At strategic corner or areas, traffic signs of “No

Entry”, “One Way”, “No Overtaking”, “No Parking”, “No Loading” and the likes as maybe

appropriate shall be posted, and notices on traffic rules and regulations shall be displayed in

billboards or signboards or any device to inform the public.

SECTION 27. POSTING OF TRAFFIC SIGNS – The Traffic Enforcement and

Management Office (TEAM JUN) shall have the authority to determine where the traffic

signs be placed subject to the approval of the Municipal Mayor. Existing traffic signs shall be

maintained, unless recommended for removal or transfer.


SECTION 28. REMOVAL OF TRAFFIC SIGNS – It is hereby prohibited to

obliterate, destroy, remove or deface any traffic signs or notice.

SECTION 29. VIOLATIONS – Anyone caught violating Article IV shall be

penalized as follows:

For Sections 17, 19, 20, 21 and 22:

First Offense – Two Hundred Pesos (P200.00)

Second Offense – Three Hundred Pesos (P300.00)

Third Offense – Five Hundred Pesos (P500.00)

Fourth and Succeeding Offense – One Thousand Pesos (P1, 000.00)

For Section 23:

Every vehicle of any type participating in a drag race or speed competition

shall be impounded and released only upon payment of Two Thousand Pesos

(Php 2,000.00) to the Municipal Treasurer’s Office. The driver of the

apprehended vehicle shall be penalized with a fine of One Thousand Pesos (P1,

000.00), or imprisonment of not more than thirty (30) days or both at the

discretion of the court, when a case been filed.

For Sections 24 & 25:

First Offense – Two Hundred Fifty Pesos (P250.00)

Second Offense – Five Hundred Pesos (P500.00)

Third Offense – Seven Hundred Fifty Pesos (P750.00)

Fourth and Succeeding Offense – One Thousand Pesos (P1, 000.00)

For Section 29:

First Offense - A fine of Two Hundred Pesos (P 200.00)

Second Offense - A fine of Five Hundred Pesos (P 500.00)

Third and Succeeding - A fine of One Thousand Pesos or imprisonment

Offense of not more than thirty (30) Days or both upon

Court discretion.

ARTICLE V

CARDONA TRICYCLE FRANCHISING

AND REGULATORY BOARD

SECTION 31.CARDONA TRICYCLE FRANCHISING AND REGULATORY

BOARD (CTFRB) - The Cardona Tricycle Franchising and Regulatory Board (CTFRB)

under the Office of the Municipal Mayor, as provided in RA No. 7160 otherwise known as

“Local government Code of 1991” has the sole and absolute power to issue and renew permit

for tricycles to operate as a public utility, and to formulate regulations regarding tricycle

operations based on existing national laws, provincial ordinances and municipal ordinances.

The Cardona Tricycle Franchising and Regulatory Board (CTFRB) governing body shall be

composed of the following:

Chairman : Municipal Mayor

Vice-Chairman: Municipal Administrator


Members : SBM Chairman of Committee on Transportation

SBM Chairman of Committee on Rules

Municipal Treasurer

Chief of Police - Cardona PNP/Authorized Representative

Traffic Manager

Representative from TODA

NGO representative

SECTION 32. FRANCHISE REQUIREMENTS – There shall be documents

required to be submitted upon application for permit to operate as public utility tricycle, such

as:

1. Barangay Clearance

2. Police Clearance

3. Current LTO Certificate of Registration (CR)/Official Receipt (OR)

4. Certificate of Insurance

5. Road Worthiness Clearance/TEMO Clearance

6. Solid Waste and Management Office Clearance

7. Old Certificate of Franchise (for renewal)

SECTION 33. ISSUANCE AND RENEWAL OF FRANCHISE:

1. Application for permit, issuance, release of new permit and renewal thereof,

shall be on every January of each year. The last digit number of the plate number

issued by LTO shall correspond to a particular week of January in the application,

issuance and release of new and renewed permit, accommodated as follows:

Ending numbers 1, 2 and 3 – First week of January

Ending numbers 4, 5 and 6 - Second week of January

Ending numbers 7 and 8 - Third week of January

Ending numbers 9 and 0 - Fourth week of January

2. Franchise Fees – it hereby imposed franchise fees for every one(1) tricycle unit

defined as follows:

1. Filing and Processing Fee - P 50.00

2. Franchise Certificate - 50.00

3. Mayor’s Permit - 100.00

4. Road Worthiness/Inspection/Clearance Fee - 25.00

5. Franchise Sticker - 50.00

6. Number Coding Sticker - 50.00

TOTAL - P 325.00

3. For applicants, an additional One Hundred Fifty Pesos (P 150.00) will be charged

for the issuance of new franchise plate.

4. Lost franchise plate will be replaced upon payment of One Hundred Fifty Pesos

(P 150.00)

5. Lost sticker will be replaced upon payment of Fifty Pesos (P 50.00)

6. Tricycle unit/s with white plate will be given franchise provided that they will use

it in acquiring yellow plate from LTO. They will be given a grace period of two

(2) months prior to the release of yellow plate from LTO.

SECTION 34. FINES/PENALTIES – Those who failed to renew their franchise at

the date specified under Section 32, Subsection No. 1, will be fined as follows:


1. One (1) – Three (3) months delayed - One Hundred Pesos (P 100.00)

Four (4) – Six (6) months delayed - Two Hundred Pesos (P 200.00)

Seven (7) – Nine Months - Three Hundred Pesos (P 300.00)

Ten (10) – Twelve Months delayed - Four Hundred Pesos (P 400.00)

2. For tricycle unit/s with expired franchise/s of more than one (1) year an additional

fine of Two Hundred Fifty Pesos (P 250.00) will be charged.

SECTION 35. CANCELLATION/REVOCATION – Franchise issued to a

particular individual shall be cancelled or revoked on the following grounds and reasons:

1. Selling or transferring from one franchise holder to another, use of dummies,

rental or any manner or form to transfer;

2. Non-renewed for two (2) consecutive years;

3. Violations of Municipal Ordinances with regards to traffic and franchise

regulations.

ARTICLE VI

DRESS CODE, NUMBER CODING, GARBAGE CAN, OVERLOADING,

SILENCER AND ROAD WORTHINESS

SECTION 36. DRESS CODE – Proper dress of a duly licensed driver of any tricycle

unit/s legally allowed as a public utility for a fee within the Municipality of Cardona, Rizal,

are hereby imposed as follows:

1. Long pants or quarter pants (walking short)

2. Any presentable T-shirt

3. Any shoes or sandals

4. TODA vest (tsaleko), for TODA Members only

5. TODA I.D (must wear or place visible inside the tricycle unit, for TODA

members only)

Dress code is automatically lifted during rainy days.

SECTION 37. NUMBER CODING – For purposes of traffic decongestion and

economic benefits for the tricycle operators and drivers; the number coding scheme is hereby

imposed from 6 AM to 6 PM on the day specified as follows;

Tricycle Plate No. ending in 1 and 2 - ban on Monday

Tricycle Plate No. ending in 3 and 4 - ban on Tuesday

Tricycle Plate No. ending in 5 and 6 - ban on Wednesday

Tricycle Plate No. ending in 7 and 8 - ban on Thursday

Tricycle Plate No. ending in 9 and 0 - ban on Friday

SECTION 38. Number Coding Scheme during Saturdays, Sundays and holidays is

suspended.

SECTION 39. LIFTING OF NUMBER CODING SCHEME – The Municipal

Mayor can lift the implementation of Number Coding Scheme on his own discretion.

SECTION 40. GARBAGE CAN – It is mandatory for all tricycle units operating

within the municipality to have a garbage can inside the sidecar.


SECTION 41. OVERLOADING – As allowable passenger load, all tricycle units

operating within the municipality must carry only four (4) adult passengers inside the sidecar

and two (2) adult passengers in the motorcycle behind the driver.

Loading of children, twelve years old and below, shall be limited to only six (6) inside

the sidecar and two (2) behind the driver. Loading of minor passengers as herein stated

beyond this prescribed limit is strictly prohibited. Loading of minor passenger/s as herein

stated in front and behind the tricycle unit is likewise prohibited.

SECTION 42. SILENCER – It is hereby prohibited for any motorcycle and tricycle

unit/s with above average muffler noise to ply within the territorial jurisdiction of the

Municipality of Cardona, Rizal. Tricycle and motorcycle unit/s with such muffler noise must

install necessary silencer.

SECTION 43. ROAD WORTHINESS – There shall be required from all tricycle

units a clearance from the Traffic Enforcement and Management Office certifying road safety

and worthiness of the units as a requirement in the application for franchise.

SECTION 44. ROAD WORTHINESS INSPECTION/CLEARANCE FEE –

There shall be included in the Franchise Fee an additional Twenty Five Pesos (P 25.00) as

Road Worthiness Inspection/Clearance Fee.

SECTION 45. VIOLATIONS – Anyone caught violating Article VI shall be

penalized as follows:

For Sections 37, 38, 41, 42 and 43:

First Offense -Issuance of citation ticket and a fine of One Hundred Pesos (P 100.00)

Second Offense -Issuance of citation ticket and a fine of Two Hundred Pesos

(P200.00)

Third Offense-Issuance of citation Ticket and a fine of Three Hundred Pesos

(P 300.00)

Fourth and Succeeding Offense – Issuance of citation ticket and a fine of Five

Hundred Pesos (P 500.00)

ARTICLE VII

DELIVERY VANS/TRUCKS/HAULERS, PUJ’s,

AUV’S/VANS FOR HIRE

SECTION 46. DELIVERY VANS/TRUCKS/HAULERS – Vehicles transporting

goods, merchandise, products, articles of commerce and the likes for delivery.

SECTION 47. Any delivery vans/trucks/haulers making deliveries in or passing

through the municipality, and all public utility vehicles plying or passing through the

municipality, shall pay the amount of Four Hundred Pesos (P400.00) Philippine Currency for

heavy vehicles and Two Hundred Pesos (P200.00), for light vehicles, Philippine Currency, as

Traffic Regulation Fee. Upon payment of the Traffic Regulation Fee, the payee shall be

issued a Sticker by the Office of the Municipal Mayor which shall be valid from January to

December of the year when the payment is made.

SECTION 48. PENALTIES – Violations of Article VII shall be penalized as

follows:


For Section 47:

First Offense -A fine of One Hundred Fifty Pesos (P 150.00)

Second Offense -A fine of Two Hundred Fifty Pesos (P 250.00)

Third Offense -A fine of Five Hundred Pesos (P 500.00)

Fourth and Succeeding Offense -A fine of One Thousand Pesos (P 1,000.00)

ARTICLE VIII

TERMINAL

SECTION 51. TERMINAL – Within the municipality, there shall be only one

regulated terminal for each of the public utility Van/AUV, the public utility passenger

jeepneys, and the different Tricycle Operators and Drivers Association. .

SECTION 52. RULES OF PROCEDURES FOR APPLICATION FOR

TERMINALS

A. For new application:

1. File a written application for the Terminal Regulatory Permits.

2. Present the plan of the designated terminal for approval

3. Present the permit or authority given by the property owner.

4. Secure the necessary barangay clearance where the terminal is located.

5. Provide proof of existence of the association such as SEC Registration,

Municipal/SB Accreditation, List of Officers and Members and financial

status.

6. Provide proof that all members have valid LTFRB/LTO permit for

AUV’s/Vans for hire and Public Utility Jeepneys; LTO and Franchise

Certificate from CTFRB for tricycles.

7. Pay the necessary (regulatory) fee at the Local Treasurer’s Office prior to

release of the Terminal Regulatory Permit by the issuing officer (The

regulatory fee, whether for new application or renewal, shall be determined by

the Municipal Treasurer’s Office based on the existing Local Tax Ordinance.

B. For renewal of permit:

1. Submit the old Terminal Regulation Permit to the Issuing Officer (CTFRB).

2. Pay the necessary fee at the Treasurer’s Office.

3. Issuance of the new Terminal Regulation Permit based on the association’s

performance.

SECTION 53. REGULATORY ACTS

1. All AUV’s/Van for hire, PUJ’s and tricycle terminals must comply with all

existing laws applicable to them.

2. The designated terminal should not be in an area that prevents access to a road

to public or private vehicles

.

3. Vehicles parked within the terminal must not cause inconvenience to

pedestrians or obstruction to traffic.

4. Observe order and cleanliness within the terminal and immediate surroundings

at all times.


5. All Officers of the association applying for Terminal Regulation Permit or

after approval thereof shall have responsibility and obligation to discipline

their members with respect to the use of said terminals or its facilities

6. The Terminal Regulation Permit shall be valid for one year and shall be subject

to renewal every year thereafter, approval of which shall be upon the discretion

of the issuing officer based on the association’s performance.

7. And such regulatory acts deemed necessary in the implementation of this

ordinance.

SECTION 54. PENALTY

1. Failure to comply with the requirements stipulated herein shall cause denial of the

application for Terminal Regulation Permit.

2. Violation of any or all the provisions of this Article shall cause the cancellation of

terminal permit or disapproval of renewal of application.

SECTION 55. IMPLEMENTATION

1. The Traffic Management and Enforcement Office (TEAM JUN) shall be tasked to

monitor and submit written report to the Office of the Municipal Mayor relative to

the implementation of this article.

2. The concerned Barangay Officials where the terminal is located shall likewise be

responsible for the implementation of this ordinance in coordination with the

Office of the Municipal Mayor and shall also require submission of written report

to the above mentioned office.

SECTION 56. ISSUING OFFICE

The Cardona Tricycle Franchising and Regulatory Board (CTFRB) shall be the

Issuing Office authorized to formulate and issue appropriate rules and regulations necessary

for the efficient and effective implementation of any and all of its provisions.

ARTICLE IX

CLOSURE AND OPENING OF ROADS

SECTION 57. TEMPORARY CLOSURE – The Municipal Mayor may temporarily

close any local street, road, thoroughfare or any public place for purposes of establishing

shopping stalls, Sunday flea or night markets or tiangge where goods, merchandise,

commodities or articles of commerce maybe sold and dispensed to the general public.

SECTION 58. Any local street, road, thoroughfare or any public place for which will

be used in birthday celebrations, wedding receptions, reunions and the likes must secure first

a Mayor’s Permit.

SECTION 59. EXEMPTIONS – The following are exempted from securing Mayor’s

Permit in temporary closing of any local street, road, through fare or any public place:

1. Wakes

2. Parades

3. Celebration of local and national holidays

4. Cultural, Civic and Religious activities

5. When public safety is at stake or at risk


SECTION 60. PENALTY – Any violation of Section of this article shall be subjected

to the following penalties:

First Offense - A Fine of One Hundred Pesos (P 100.00)

Second Offense - A Fine of Two Hundred Pesos (P 200.00)

Third Offense - A fine of Three Hundred Pesos (P300.00)

ARTICLE X

COMMON PROVISIONS

SECTION 61. REPAIRS ON ROAD –All vehicle owners shall not be allowed to

undertake any repairs along public roads.

SECTION 62. GARAGE – No public roads in the municipality shall be utilized as a

garage or storage for knocked down units; the owner shall be given twenty four (24) hours to

remove the unit/s, unless, by necessity, The TEMO thru the Traffic Manager upon request of

the owner of the unit/s will give additional time.

SECTION 63. TOWING – Any violation of the preceding section shall cause the

towing of the vehicles and the payment of Five Hundred Pesos (P 500.00) as towing fee and

One Hundred Pesos impounding fee per day all at the cost of the owner.

SECTION 64. TRAFFIC CHANGES – The Traffic Enforcement and Management Office

(TEAM JUN) may from time to time change the flow of traffic as maybe deemed appropriate

and necessary without the need of prior approval from the Sangguniang Bayan.

SECTION 65. RANDOM CHECK – Traffic Enforcers and PNP Personnel on Traffic may

flag down or stop any vehicle in any of the following circumstances:

1. When there is a reasonable ground to believe that the driver is without a license.

2. When there is a reasonable ground to believe that the driver is under the influence of

intoxicating liquor or prohibited drugs.

3. When there is a reasonable ground to believe that the driver is fugitive of the law.

4. When there is a reasonable ground to believe that the unit is involved in the

commission of a crime or hot pursuit.

5. All drivers found guilty under sub-sections 1, 2, 3, and 4 of Section 63 of this code;

vehicles driven shall be impounded automatically.

6. All vehicles will only be released upon payment of P300.00 impounding fee upon

showing of the original receipt/certificate of registration of the owner and the citation

ticket.

SECTION 66. ADOPTION OF NATIONAL LAWS – For purposes of this code, RA No.

4136 or National Traffic Rules and Regulations and RA No. 10054 or “The Mandatory

Helmet Act of 2009” are hereby adopted and the penalties provided therein shall be imposed

without prejudice to the provisions of this code with the same application.

SECTION 67. PENAL CLAUSE – Unless otherwise penalized elsewhere in this code, any

violation of the provision hereof shall cause the perpetrator to suffer the penalty of fine not

less than One Thousand Pesos (P 1,000.00) or an imprisonment of not more than thirty (30)

days or both upon the discretion of the court, whenever a case been filed.

SECTION 68. SEPARABILITY CLAUSE – Any part or parts of this code found

inconsistent with national laws and provincial ordinances will not affect its entirety.


SECTION 69. REPEALING CLAUSE – It is hereby repealed, modified and amended

accordingly any existing Municipal Ordinance/s inconsistent with this code

SECTION 70. AMENDMENTS – Any provision of this code may be amended, repealed,

modified or changed accordingly by the majority votes of Sangguniang Bayan Members.

SECTION 71. EFFECTIVITY – This code shall take effect immediately upon approval.

ENACTED this 9th

day of May, 2011 in Cardona, Rizal.

CERTIFIED TRUE AND CORRECT:

FILIPINAS E. RODELAS

SB Secretary

ATTESTED:

TEODULO C. CAMPO

Municipal Vice Mayor

APPROVED:

BERNARDO P. SAN JUAN JR

Municipal Mayor


LOCAL TRAFFIC CODE

Cardona, Rizal

2011

Documents

EXCERPT FROM THE MINUTES OF THE REGULAR SESSION OF …cardonarizal.gov.ph/Downloads/Ord11-the traffic code.pdf · 2012-04-21 · excerpt from the minutes of the regular session of