MUNICIPAL ORDINANCE NO.

2011-005 AN ORDINANCE APPROVING THE COMPREHENSIVE MUNICIPALITY OF CABATUAN, ILOILO TRAFFIC CODE OF 2011 OF THE

BE IT ORDAINED by the Sangguniang Bayan in a session assembled, that: CHAPTER ONE ARTICLE I. TITLE AND SCOPE SECTION 1. TITLE. SECTION 2. SCOPE. This ordinance shall be known as the COMPREHENSIVE TRAFFIC CODE OF 2011 of the Municipality of Cabatuan. The provision of this Code shall control as they apply to traffic rules and regulations and operation of motor vehicles, tricycles and trisikads within the Municipality of Cabatuan, Iloilo. ARTICLE II. RULES OF CONSTRUCTION SECTION 3. CONSTRUCTION OF CODAL PROVISIONS. Construing the provisions of this Code, the following rules of construction shall be observed unless otherwise inconsistent with the manifest intent of the provisions of whose applied, they would lead to absurdity or highly improbable results. a) General Rule. All words and phrases shall be construed and understood according to the common and approved usage of the language; but technical words and phrases and such other words in this code which may have acquired a peculiar or appropriate meaning shall be construed and understood according to such technical, peculiar or appropriate meaning. b) Gender and Member. Every word in this code importing the masculine gender shall extend to both male and female. Every word importing the singular meaning shall extend and apply to several persons or things as well, and every word importing the plural member shall extend and applied, also to one person or thing. c) Computation of Time. The time within which an act is to be done as provided in this code, or any rule or regulation issued pursuant to the provisions thereof when expressed in days shall be computed by excluding the first day and including the last day, except when the last day falls on Sunday or holiday, in which case, the same shall be excluded from the computations and the next business day shall be considered the last day. d) Tenses. The use of any verb in the present tense shall include the future whenever applicable. The word shall have been in this code means the act being required to be done is mandatory, whereas when the word may is used, it means permissive. e) References. All references to the Chapter, Articles or Sections are to Chapters, Articles or Sections in this Code unless otherwise specified. f) Conflicting Provisions of Chapters. If the provision of different chapter conflict with or contravene each other, the provisions of each chapter shall prevail as to all specific matter and questions involved therein. g) Conflicting Provisions of Sections. If the provisions of different sections in the same chapter conflict with each other, the provision of the Sections which is last in point of Sequence shall prevail. SECTION 4. AMENDMENT AND INTEGRATION OF ADDITIONAL PROVISIONS. Any amendment of this Code may be introduced to the chapter, Article or Section concerned. All ordinance or provisions thereof enacted subsequent to the date of effectivity of this code shall be complied in such a way as to bear the corresponding chapter, article or section whenever a new printing or reproduction of this Code is undertaken upon authorization of the Sangguniang Bayan. ARTICLE III. DEFINITIONS SECTION 5. Meaning of Technical Terms. As used in Code, the term: a) Motor Vehicle shall mean any vehicle propelled by any power other than mascular power using the public highways, but exceeding road rollers, trolley cars, street sweepers, sprinklers, lawn mowers, bulldozers, graders, forklifts, amphibian trucks and cranes if not used on public highways, vehicles which run only on rails or trucks, and tractors and traction engines of all kinds used exclusively for agricultural purposes. b) Operator shall mean the actual manual operator of a motor vehicle, motorized tricycle or trisikad. c) Driver shall mean every and any licensed operator hired or paid for driving or operating a motor vehicle, trisikad whether for private use or for hire to public. d) Professional Driver shall mean every and any driver hired or paid for driving or operating a motor vehicle, whether for private use or for hire to the public with a driver license duly issued by the proper authority (LTO). e) Owner shall mean the actual legal owner of a motor vehicle, motorized tricycle for hire or trisikad in whose name such vehicle is duly registered with Land Transportation Office or with the Municipal Treasurers Office.
Page 1 of 18

f)

g)

h)

i)

j) k)

l) m)

n)

o) p) q) r) s) t) u) v) w) x) y)

Gross Weight shall mean the measured weight of a motor vehicle, motorized tricycle or trisikad plus the maximum allowable carrying capacity in merchandise freight and/or passengers as determined by the commissioner of land transportation and as provided in this code. Roads shall mean every public thoroughfare, public boulevard, driveway, avenue park alley and callejon but shall not include roadway upon grounds owned by private person, colleges, universities or other similar institutions. Motorized Tricycle Operators Permit or MTOP shall mean the document issued by the Sangguniang Bayan granting franchise to a person, natural or judicial allowing the same to operate tricycle-for-hire within a specific route in the Municipality of Cabatuan. It has an effectivity of one (1) year renewable for the same period. Tricycle-For-Hire (TFH) shall mean a motor vehicle composed of a motorcycle fitted with a single wheeled sidecar or with a two-wheel rear cab operated to render transport services to the general public for fees. Colorum Tricycle-For-Hire (CTFH) shall mean a motorcycle with a side car which has no valid government permit and franchise thereby making its operation unlawful and illegal. Impounding of CTFH shall mean an act of a police office, person in authority on behalf of the municipal government of Cabatuan to enforce this form of penalty to a violator of this code by taking in custody of the Municipal Police Station the side car of the CTFH. Public Utility Vehicle shall mean any registered motor vehicle being utilized to carry passengers for a fee. Mayors Permit shall mean the document issued by the Mayor for the operation of a TricycleFor-Hire (TFH) or trisikad business by virtue of his executive and regulatory power over any form of business in the municipality, it has an effectivity of one (1) year renewable for the same period. Parking or parked shall mean that a motor vehicle is parked or parking if it has been brought to stop on the shoulder or proper edge of a road/highway, and remains inactive in that place or close thereto for an appreciable period of time. A motor vehicle which properly stops merely to discharge a passenger or to take in a waiting passenger or to load and unload a small quantity of freight with reasonable dispatch shall not be considered as parked, if the motor vehicle again moves, away without delay. No parking shall mean a motor vehicle is prohibited to park or from parking. No Loading Zone shall mean a designated place or area where motor vehicles are not allowed to load or take in passengers or cargoes. No unloading Zone shall mean a designated place where motor vehicles are not allowed to unload or discharge passengers or cargoes. Waiting/Loading/Unloading Zone shall mean a designated place or area where motor vehicles are allowed to load/unload or take in/discharge passengers or cargoes. Thru-Stop-Streets shall mean streets where vehicles are required to reduce speed while approaching the intersection of the streets. Franchise route a specific/designated places/barangay/s where a Tricycle-For-Hire (TFH) may operate. Crash helmet refers to the prescribed headgear (with inside foaming) worn as a protection against head injury and is usually worn by cyclist and motorcycle drivers. Motorcycle refer to any single motor vehicle Colorum means any motor vehicles operating without any valid government permit of franchise thereby making its operation unlawful or illegal. Thorough Street a street which is always busy because of its frequent use. Trisikad a three-wheel unit power by human being. CHAPTER TWO ARTICLE I. TRAFFIC RULES AND REGULATIONS

SECTION 6. SECTION 7. a) b) c) d) e) f) g)

MUNICIPAL STREETS All streets within the municipality not otherwise designated as provincial or national highway and barangay roads. PROVINCIAL ROADS. Includes the following: Poblacion to Barangay Acao Brgy. Tabucan to Brgy. Manguna Brgy. Bacan to Brgy. Duyan-duyan Brgy. Gines Patag to Brgy. Jelicuon Lusaya Brgy. Tacdangan to Brgy. Jelicuon Lusaya Brgy. Amerang to Brgy. Tupol Oeste Brgy. Anuang to Brgy. Cadoldolan

SECTION 8. NATIONAL HIGHWAYS a) Tomas Confesor Highway b) Serrano Extension to Lucena Highway
Page 2 of 18

c) Rizal Ilaya Street to Maasin d) Rizal Ilauod Street to Pavia SECTION 9. a) b) c) The following are hereby designated as thorough streets: Rizal Ilaya and Rizal Ilauod Streets Bermejo Street Serrano Street

SECTION 10. ONE WAY STREET The following is hereby declared as one way street: a) Corner Rizal Ilauod St. and Casten Fajardo St. through Bermejo Extension to Rizal Ilaya Street during market days. SECTION 11. IMPLEMENTATION OF ONE WAY TRAFFIC Implementation of any one way traffic on the area mentioned in preceding section shall be from 7:00 AM to 12:00 Noon. The Traffic Section of the Local Police Station is mandated to lead in the implementation. SECTION 12. THRU STOP STREETS The following are prescribed as Thru Stop Streets: a) From Corner Serrano Street and Bermejo Street up to the Corner of Zarragosa Street and Rizal Ilauod Street. b) From corner of Regidor Street and Rizal Ilaya Street up to the corner of Zarragosa Street and Rizal Ilauod Street. SECTION 13. EXEMPTIONS a) The provisions of Section 10 and 12 shall not apply to Philippine National Police vehicles, Bureau of Fire Protection Fire trucks and vehicles garbage collection trucks, government utility vehicles, ambulance and other vehicles in cases of emergencies such as the prevention of the commission of crime, legal arrests and seizures, valid police operations, fires, floods, earthquakes disasters and extreme actual emergency situations where the protection of life and property are at stake. b) A vehicle pass shall be issued by the Municipal Mayor for exemption from the coverage of this ordinance during situations where the services of a motorized vehicle are extremely necessary. The issuance of the pass shall be on a case to case basis and on a limited and specific purpose only. SECTION 14. SPEED LIMIT There shall be a prescribed thirty (30) kilometers per hours speed limit on all municipal and thru stop streets in the Municipality of Cabatuan, except for school zones which shall be twenty (20) kilometers per hour. ARTICLE II. OPERATION OF MOTOR VEHICLES, MOTORIZED TRICYCLE AND TRI-SIKAD SECTION 15. DUTY TO PROCURE LICENSE Except as otherwise specifically provided in this ordinance, no person shall operate any motor vehicle, motorized tricycle or drive a trisikad without first securing a license to drive a motor vehicle or trisikad for the current year nor while such license is delinquent, invalid, suspended or revoked. The license shall be carried by the driver at all times when operating a motor vehicle or trisikad and shall be shown and/or surrendered for cause and upon demand to any person with authority to confiscate the same. SECTION 16. USE OF NUMBERED PLATES At all times, every motor vehicles shall display in conspicuous places, one in front and one in the rear thereof, the said number plates and in case of tri-sikad at the rear thereof by color coding as stated in Section 51. The number plates shall be kept clean and cared for and shall be firmly affixed to the motor vehicle in such a manner as will make it entirely visible and always legible. SECTION 17. IMITATION AND FALSE REPRESENTATION. No person shall make or use a drivers license, badge, certificate of registration, number plates, tag, or permit in imitation or similarities of those issued under this ordinance, or intended to be used as or for a legal license, badge, certificate of registration, plate, tag or permit, or with intent to sell or otherwise dispose of the same to another. No person shall falsely or fraudulently represent as valid and in force any drivers license, badge, certificate, plate, tag or permit used under this ordinance which is delinquent or which had been revoked or suspended. No person shall knowingly and with intent to deceive, make one or more false or fraudulent statements in an application for the registration of vehicles or for drivers license. SECTION 18. PEDESTRIAN CROSSING There shall be a prescribed pedestrian crossing in the following: a) At the front of the municipal building b) At the front of the Parochial School c) At the intersection of Rizal Ilaya Street and Bermejo Street fronting the Apostles Cooperative d) Fronting the public market e) At the intersection of San Agustin Street and Rizal Ilaya Street
Page 3 of 18

f) At Rizal Ilauod Street fronting the Barangay Hall of Barangay Zone I g) At Barangay Ayaman fronting the gate of Cabatuan National Comprehensive High School h) Bermejo Street fronting Percy Store i) Fronting the Cabatuan Baptist Kindergarten School in Rizal Ilauod Street j) At Bermejo Street fronting the public plaza (Paklang Arch) k) At Rizal Ilauod Street fronting the Rural Bank of Cabatuan, Inc. l) Brgy. Banguit in front of ILECO I Office m) Bermejo Street fronting Hansel Restaurant n) Rizal Ilaya Street fronting Hall of Justice o) Fronting Maraguit Elem School, Brgy. Leong p) Brgy. Maraguit Multi-purpose Pavement q) Fronting Jelicuon Elem. School, Brgy. Jelicuon Montinola r) Catalan Elem. School, Brgy. Tacdangan s) Brgy. Baluyan Multi-purpose Pavement t) Tigbauan Road Elem School, Brgy. Tigbauan Road u) Fronting Brgy. Gines Patag Brgy. Hall going to Martin Cubil Elem. School v) Intersection of RTMDH w) Intersection of Brgy. Tabucan to San Miguel x) Fronting Brgy. Tabucan Multi-purpose pavement y) Fronting Brgy. Tiring Brgy. Hall z) Tiring Elem. School, Brgy. Tiring aa) Fronting Tiring Barangay Hall bb) In front of Amerang Multi-purpose pavement cc) Intersection going to Bacan Elem School, Brgy. Bacan dd) Barangay Hall of Gines Patag going to Martin Cubil Elem. School ee) in front of waiting shed going to Barangay Tuy-an ff) waiting shed going to Hobilla Elementary School gg) in front of the cockpit in Barangay Talanghauan hh) in front of waiting shed going to Pungtod Elementary School ii) right after the bridge going to Leong Multi-Purpose Pavement jj) road intersection at Brgy. Anuang near the Anuang Cooperative kk) in front of the Cabatuan Clairemont International Grade School ll) in front of Cabatuan Central Elementary School mm) along Confesor Drive in front of JL Store nn) in front of waiting shed going to Tupol Oeste oo) in front of waiting shed going to Pamuringao Proper pp) in front of Tomas Confesor Elementary School qq) in front of Cabatuan Catholic Cemetery ARTICLE III. PASSENGERS AND FREIGHT SECTION 19. REGISTERED CAPACITY a) No person operating any vehicle shall allow more passengers or more freight or cargo in his vehicle than it registered carrying capacity. b) Trisikad shall have maximum passengers of two (2) c) Riding or running boards No driver shall permit any person on the running board, stop board, or mudguard of his motor vehicles or trisikad for any purpose except to make repair or adjust in the motor vehicle and trisikad or to collect fares. d) Private motorcycles shall have only a driver and a maximum of one (1) backrider. SECTION 20. PASSENGER OR FREIGHT CAPACITY MARKED ON VEHICLE All passengers or automobiles for hire shall have the registered gross and net weight capacity plainly and conspicuously marked on both sides thereof, in letters and numerals not less than five (5) centimeters in height. All motor trucks, whether for passengers or freight, private or for hire, shall have the registered passengers gross and net capacities plainly and conspicuously marked on both sides thereof, in letters and numerals not less than five (5) centimeters in height. ARTICLE IV. TIRES AND ACCESSORIES OF MOTOR VEHICLES SECTION 21. TIRES No motor vehicles with metallic tires shall be operated upon any public highway, and solid tires whenever used shall be of sufficient thickness to prevent the metal rim thereof from coming in direct contact with the road. SECTION 22. ACCESSORIES a) All motorized tricycles, trisikad and bicycles shall be equipped with a mechanical horn or signaling device. b) Additional lamplights may be carried, but no red lights shall be visible forward or ahead of the vehicle. c) Tail lights every motor vehicle and trailers shall, one hour and a half after, sunset and one hour before sunrise bear on each side in the rear a lamp showing a red light visible at least

Page 4 of 18

d)

e)

f)

g)

h)

one hundred meters from the rear of the vehicle and a lamp throwing a white light upon the number plate issued for such vehicle. Stop-lights every motor vehicle shall be equipped at the rear with at least a lamp which shall throw a sustained bright red light visible under all conditions, even under bright sunlight, when the brakes are applied. Motorized tricycle and other vehicle lights Every motor vehicle of less than one (1) meter of projected width shall be subject to the preceding provisions of this section, except that one headlight and long tail lights shall be required. Additional lamp may be carried provided they comply with the preceding provisions of the section. Use of red flag whenever the load of every vehicle extends more than one (1) meter beyond the bed or body thereof, there shall be displayed at every projecting end of such load a red flag not less than thirty (30) centimeters both in length and width except that during the hours fixed under sub-section C shall be displayed in lieu of the required red flags, red lights visible at least fifty (50) meters away. Mufflers Every motor vehicle propelled by an internal combustion engine shall be equipped with mufflers and whenever said motor vehicle passes through a street of the municipality or thickly populated area of barangay. The muffler shall not be cut out or disconnected. No motor vehicle shall be operated in such a manner as to cause it to emit or make any unnecessary or disagreeable odor, smoke or noise. Trash can/bin Every motor vehicle and trisikad must have a trash can/bin in front of the passenger seat of the vehicle.

SECTION 23. PROHIBITIVE ACCESSORIES The following devices attached to all kind of motor vehicles used as a means of transportation, are hereby prohibited, such as: a) Sirens, bells, horns, whistles or similar gadgets that emit exceptionally loud or starting sounds b) Dome lights, police and emergency red flashing lights installed on the front of rear part of the vehicle including emergency red light blinkers. c) Other similar signaling or flashing devices which are inconsistent with sound traffic discipline and control on the roads. SECTION 24. EXEMPTION Vehicles assigned officially to PNP, the Bureau of Fire Protection, Ambulance, Bureau of Jail management and Penology and other duly authorized law enforcement agencies. Section 25. CONFISCATION Any illegal devices used including those enumerated in Section 23 of this Code shall be confiscated at the expense of the owner and be turned-over to the Local PNP Station for safekeeping. Provided, further, that a receipt in 2 copies shall be made by the apprehending officer, 1 copy of which shall be given to the owner of the vehicle. ARTICLE V. TRAFFIC RULES SECTION 26. RESTRICTION AS TO SPEED Any person driving a motor vehicle or trisikad on a highway or on Municipal Streets shall drive the same at a careful and prudent speed, not greater nor less than what is reasonable and proper, having due regard for the traffic, the width of the highway, or street at such speed as to endanger the life, limb and property of any person, nor at a speed greater than will permit him to bring the vehicle to a stop within the assured clear distance ahead. Subject to the provisions of the preceding paragraph the rate of speed of any motor vehicle shall not exceed the following: MAXIMUM ALLOWABLE SPEED Passenger Cars, motorized tricycle a) 40 kph in thorough streets or boulevards, clear of traffic, with no blind corners. b) 20 kph on area designated as populated area c) 15 kph through crowded street and municipal street approaching intersections at blind corners passing other vehicles which are stationary or similar dangerous circumstance. d) 15 kph on thru stop streets SECTION 27. EXEMPTION The rates of speed herein above prescribed shall not apply to the following: a) A physician or his driver when they responds to emergency calls b) The driver of an ambulance on the way to and from the place of accident or other emergency c) Any driver bringing a wounded or sick person for emergency treatment to a hospital, clinic, or any other similar places; d) The driver of a motor vehicle belonging to the Armed forces or the Police Forces while in use for official purposes in time of riot, insurrection or invasion.
Page 5 of 18

e) The driver of a motor vehicle when he or his passenger are in pursuit of a criminal; f) A law enforcement officer who is trying to overtake a violator of traffic rules; g) The driver officially operating a motor vehicle of any fire department, provided that exception shall be construed to allow useless or unnecessary fast driving for drivers aforementioned. Section 28. DRIVING ON RIGHT SIDE OF HIGHWAY Unless a different course of action is required in the interest of safety and security of life, persons or property, or because of unreasonable difficulty of operation in compliance herewith, every person operating a motor vehicle, trisikad, or an animal drawn vehicle on a highway or streets shall pass to the right when meeting persons or vehicles coming toward him, and to the left in going from one highway or street to another. Every vehicle shall be construed to the right of the center of the intersection of the highway or street. SECTION 29. USING THE RIGHT SIDE PORTION OF STREETS/ROADS FOR FUNERAL PROCESSION It is hereby mandated that all funeral processions, traversing streets of roads within the territorial jurisdiction of the municipality of Cabatuan shall use or occupy only the right side portion of the street or road. SECTION 30. RESPONSIBILITIES AND LIABILITIES: a) Barangay officials, Barangay Tanods, and Traffic Enforcers shall have the authority and responsibility in overseeing the strict implementation of the provision of the above aforementioned Section. b) Owners/Proprietor/s, Administrator/s of servicing funeral parlors shall provide a rope to be used as guide in the conduct of funeral processions, and shall be responsible for the acts of their workers, staff or employees to ensure the faithful compliance of this ordinance. SECTION 31. PENALTY ACCRUAL Twenty-five (25%) percent of the penalty paid in violation of this ordinance shall accrue to apprehending officer/s, twenty-five percent (25%) shall accrue to the Federation of Barangay Tanods, and Fifty percent (50%) shall accrue to the general fund of the municipality. ARTICLE VI. OVERTAKING AND PASSING A VEHICLE, AND TURNING AT INTERSECTIONS SECTION 32. OVERTAKING A VEHICLE The driver of any vehicle including trisikads overtaking another vehicle proceeding in the same direction shall pass at a safe distance to the left thereof, and shall not again drive to the right side of the highway or street until safely clear of such, overtaken vehicle, except that on a highway, within a business or residential district, having two or more lanes for the movement of traffic in one direction, the driver of a vehicle may overtake and pass another vehicle on the right. Nothing in this section shall be construed to prohibit a driver overtaking and passing upon the right of another vehicle which is making or about to make a left turn. SECTION 33. DRIVER TO GIVE WAY TO OVERTAKING VEHICLE The driver of a vehicle about to be overtaken and passed by another vehicle approaching from the rear shall give to the overtaking vehicle on suitable and audible signal being given by the driver of the overtaking vehicle, shall not increase the speed of this vehicle until completely passed by the overtaking vehicle. SECTION 34. RESTRICTIONS ON OVERTAKING AND PASSING. The following restrictions are hereby adopted on overtaking and passing: a) The driver of vehicle shall not drive to the left and of the center line of proceeding in the same direction unless such left side is clearly visible, and is free of incoming traffic for a sufficient distance ahead to permit such overtaking or passing to be made in safely. b) The driver of a vehicle shall overtake or pass another vehicle proceeding in the same direction, when approaching the crest of a grade nor upon a curve in the highway or street where the drivers view along the height or street is obstructed within a distance of five hundred feet ahead, except on a highway or street having two or more lanes for movement of traffic in one direction, the driver of a vehicle may overtake or pass another vehicle on the right. c) The driver of a vehicle shall overtake or pass any other vehicle proceeding in the same direction, at any crossing, nor at any intersection of highways or streets, unless such intersection or crossing is controlled by traffic signal or unless permitted to do so by a watchman or a peace officer, except on a highway or street having two or more lanes for movement of traffic in one direction where the driver of a vehicle may overtake or pass another vehicle on the right. Nothing in this section shall be construed to prohibit a driver overtaking or passing upon the right of another vehicle which is making or about to make a left turn. d) The driver of a vehicle shall not overtake or pass or attempt to pass any other vehicle proceeding in the same direction, between any points indicated by the placing of official temporary warning of caution signs indicating that men are working on the highway or street. e) The driver of a vehicle shall not overtake or pass or attempt to overtake or pass any other vehicle proceeding in the same direction in any no passing or overtaking zone.
Page 6 of 18

ARTICLE VII. RIGHT OF WAY AND SIGNALS SECTION 35. RIGHT OF WAY a) When two vehicles approach or enter an intersection at approximately the same time, the driver of the vehicle on the left shall yield the right of way to the vehicle on the right, except as otherwise hereinafter provided. The driver of any vehicle traveling at an unlawful speed shall forfeit any right of way, which he might otherwise have hereunder. b) The driver of a vehicle approaching but not having entered an intersection, shall yield the right of way to a vehicle within such intersection or turning therein to the left across the line of travel of such first mentioned vehicle, provided, the driver of the vehicle turning left has given a plainly visible signal of intersection to turn. c) The driver of any vehicle upon a highway or street within a business or residential district shall yield the right of way to a pedestrian crossing such highway or street within a crosswalk, except at intersections where the movement of traffic is being regulated by a peace officer or by traffic signal. Every pedestrian crossing a highway or street within a business or residential district at any point other than a crosswalk shall yield the right of way to which upon the highway or street. d) The driver of a vehicle upon a highway or street shall bring to a full stop such vehicle before traversing any thorough street, provided that when it is apparent that no hazard exist, the vehicle may be slowed down to thirty (30) kilometers per hour instead of bringing to a full stop. SECTION 36. EXCEPTION TO THE RULE: a) The driver of a vehicle entering a highway or street from a private road or drive shall yield the right of way to all vehicles approaching on such highway or street. b) The driver of a vehicle entering a thorough street or thorough highway or a stop intersection shall yield the right of way to all vehicles approaching in either direction or such thorough highway or thorough street, provided, that nothing in this sub-section shall be construed as relieving the driver of any vehicle being operated on a thorough highway from the duty of driving with due regard for the safety of vehicles entering such thorough highway or thorough street nor as protecting the said driver from consequence of an arbitrary exercise of such right of way. SECTION 37. SIGNAL OF STARTING, STOPPING OR TURNING: a) The driver of any vehicle upon a highway or street before starting, stopping or turning from a direct line, shall first see that movement can be made in safety, and if any pedestrian may be affected by such movement shall give a clearly audible signal by sounding the horn, and whenever the operation by such movement shall give a signal plainly visible to the driver or such other vehicles of the intention to make such movement. b) The signal herein required shall be given be means of extending the hand and area beyond the left side of the vehicle, or by an approved mechanical or electric signal device. ARTICLE VIII. TURNING AND PARKING SECTION 38. TURNING AT INTERSECTION a) The driver of a vehicle intending to turn to the right at an intersection shall approach such intersection in the lane for traffic nearest to the right hand side of the highway or street and, in turning, shall keep close as possible to the right hand curb or edge of the highway or street. b) The driver of a vehicle to turn to the left shall approach such intersection in the lane for traffic to the nearest to the right of a nearest to the center line of the highway or street and in turning, shall pass to the left of the center of the intersection, except that upon highways or street lane for traffic and upon one way highway or street a left turn shall be made from the left lane of traffic in the directions in which the vehicle is proceeding. c) For the purposes of this action, the center of the intersection shall mean the meeting point of the medial line of the highway or street intersecting one another, except when it is occupied by a movement, plot or any traffic control device. SECTION 39. PARKING PROHIBITED IN SPECIFIC PLACES no driver shall park a vehicle or permitted to stand, whether attended or unattended upon a highway or streets in any of the following places: a) Within an intersection b) On a crosswalk c) Within eight (8) meters of the intersection of the curve lines d) Within four (4) meters of the driveway entrance to any fire station e) Within four (4) meters of a fire hydrant f) In front of a private driveway
Page 7 of 18

g) On the roadway side of any vehicle stopped or parked at curb or edge of the highway h) At any place where official sign have been erected prohibiting parking i) Along the sidewalk or roadway except to make temporary or urgent repairs, to load and unload passengers and cargoes SECTION 40. DESIGNATED PARKING AREAS The following are the designated parking areas for vehicles: 1. Tricycles-for-Hire: a) For North Bound along Confesor Drive St. adjacent to the designated terminals for ACTODA, JEMOTODA, PUCATODA & MAILLATODA b) For West Bound Along Rizal St., adjacent to the assigned terminal for CABTODA c) For South-West Bound ALONG Rizal St. adjacent to the assigned terminal of SATUODA d) For South Bound Along Molinos St. and Magallon St. e) For Tricycles-for-Hire (TFH) plying the different zones in the poblacion at the left side of Bermejo Extension. Parking on this area is good for five (5) units only at a time. 2. For Trisikads: a) For east Bound at the upper portion of Casten-Fajardo St. b) For West Bound at the front of Apostles Cooperative 3. PUJs a) Bound for Iloilo City at the football ground b) For West Bound at the right side of Bermejo Extension (diagonal parking five [5] units at any given time). 4. Delivery Trucks and Vans a) In front of the convent fronting the image of San Lorenzo Ruiz de Manila while delivering goods for sale. SECTION 41. ALLOWABLE PARKING The following shall be considered allowable parking provided, however, that temporarily stopping a motor vehicle shall be considered as parking within the premises of this code: a) Necessary repair of vehicles in any street shall be allowed for a maximum of ten (10) hours. b) Whenever a vehicle stops for loading or unloading passenger/s or cargo/es in designated loading and unloading areas. c) Parking on one-way streets shall be on the right side following the traffic flow except for motorcycles and bicycles which are allowed to park in designated areas on the left side of the street as determined by the traffic section of the local PNP in the Municipality of Cabatuan. d) Parking of private cars shall be allowed at the front of the public market (at portion along Rizal Street but not to extend on the designated parking area for motorcycles and bicycles). e) Parking is not allowed in front of Public Market within yellow lane markings as it is intended for unloading area for TFH. ARTICLE IX. LOADING AND UNLOADING AREAS SECTION 42. DESIGNATED LOADING AND UNLOADING AREAS The following are hereby designated as Loading and Unloading Areas for all kinds of motor vehicles: 1. From Municipality of Maasin and Western barangays In front of Adoration Chapel and in front of TAYTAY SA KAUSWAGAN. 2. From the Northern municipalities and barangays Bermejo St. fronting Quilnat Store and TAYTAY SA KAUSWAGAN. 3. From Iloilo City to Municipality of Maasin and western barangays Corner Rizal Ilauod Magallon St. (In front of Rural Bank of Cabatuan) and in Rizal Ilaya St. fronting the Post Office. 4. From Iloilo City to Northern Municipalities and barangays Corner Rizal Ilauod St.-Magallon St. (In front of Rural Bank of Cabatuan) and in Bermejo St. fronting the Caspe buiding. CHAPTER III ARTICLE I. RULES AND REGULATIONS IN THE OPERATION OF TRICYCLES-FOR-HIRE SECTION 43. RULES OF ENTRY Only Filipino Citizens, partnerships and corporation with 60% Filipino equity are qualified to be operators for tricycle-for-hire. SECTION 44. PROOF OF OWNERSHIP No authority to operate a MCH Service shall be granted unless, the applicant is in possession of unit/units with valid registration paper from the Land Transportation Office (LTO). SECTION 45. INSURANCE COVERAGE Grantee of authority to operate MCH service must carry a common carriers insurance sufficient to answer for any liability it may incur to passengers and third parties in case of accidents. SECTION 46. REQUIREMENTS TO OPERATE TFH in the Municipality of Cabatuan: a) Presentation of Original copies of the valid Land Transportation Office (LTO) registration and LTO official receipt of Registration for the current year and insurance policy.
Page 8 of 18

b) Barangay Clearance/Certification showing that applicant is a resident of a particular barangay and his personal records character and conduct in the barangay. Any misrepresentation as to the above-required will be a ground for the cancellation of the Mayors Permit. c) Inspection certificate indicating compliance of the provision of this ordinance, including attendance in a seminar on all traffic ordinances and road courtesy as well as public services rules and regulations, issued by the Local PNP and Chairman, Committee on Transportation and Communications. d) Motorized Tricycles Operators Permit (MTOP) e) Mayors Permit Section 47. A. OPERATING SYSTEM AND PROCEDURE FOR TRICYCLES-FOR-HIRE: a) TFH must be equipped with mufflers with silencer. Installation of air horns is absolutely prohibited. b) TFH operators shall be prohibited to employ driver/s without a valid professional drivers license. c) TFH drivers are allowed to wear short pants provided they are below the knee. Wearing sleeveless shirt is absolutely not allowed. At all times they shall observe proper hygiene. They are not allowed to smoke and to use cell phone while driving. d) The TFH operators and drivers are encouraged to form and operate association/ cooperative as a way of promoting their welfare. They shall police their own ranks and impose discipline among their erring members. e) No TFH driver is allowed to discriminate against passengers. Any acts of discourtesy against passengers shall be subject to disciplinary sanctions and repetitive discourtesies shall be ground for cancellation of MTOP. f) Overloading no TFH shall be allowed to carry more than 4 passengers. Only two (2) passengers shall be allowed at the back seat of the TFH driver. g) Exemptions tricycle-for-hire driver shall hereby be exempted, in cases of emergency, calamity, or other compelling reasons, from the prohibition under Section 47 paragraph (A)(2). h) Delegation of Authority The authority of the Sangguniang Bayan to review, grant and issue Tricycle-for-hire franchise shall be delegated to the Sangguniang Bayan, Committee on Transportation composed of Sangguniang Bayan Members. B. OPERATING SYSTEM AND PROCEDURE FOR TRI-SIKADS FOR HIRE: 1) It must be equipped with mechanical horn especially in crossing the pedestrian lane and in traversing populated areas; 2) It must also use reflectorize materials to visibly identify its operation during night time. 3) Drivers of trisikads must at all times possess a current, valid and unsuspended and unrevoked license to drive; 4) It shall only carry not more than two(2) passengers; 5) It must be registered and should have a Mayors Permit 6) It must have a number plate conspicuously displayed at the required designated place of the unit; 7) Trisikad drivers are also exempt during cases stated under paragraph (A)(7) of Section 47 of this Code; 8) Smoking, texting and using of cellphones while driving a trisikad which will endanger the safety of the riding public is absolutely prohibited; 9) All trisikads shall comply with the provisions of all ordinances on Sanitation and Environmental Protection. Section 48. ADMINISTRATIVE SYSTEMS AND PROCEDURE: a) Fares 1. The Sangguniang Bayan shall determine fix and/or prescribe and periodically adjust fares or rates relative to TFH service after public hearing and which shall be in consonance with LTO/DOTC rates. 2. Each existing TFH association shall adopt a Table of Fares (MATRIX) to be duly approved by the Sangguniang Bayan after which the same shall be posted prominently at the designated Tricycle Parking Terminals as herein prescribed and on the front interior of the tricycle sidecar. b) MTOP (Franchise) 1. The MTOP (franchise) shall be issued by the Sangguniang Bayan upon due hearing. It shall be valid for one (1) year renewable for the same period. It may be suspended or cancelled by the Sangguniang Bayan likewise upon due hearing. 2. No TFH shall be allowed to operate without MTOP. Any change or transfer of MTOP shall require the approval of the Sangguniang Bayan. 3. Any operator wishing to stop service completely, suspend services for more than one (1) month or sell a TFH, should report in writing such termination, suspension or sale to the Sangguniang Bayan through its Committee on Transportation. 4. Filling and service fee for amendment of MTOP shall be in the amount as prescribed in the Revised Revenue Code and payable to the municipal treasurer upon filing of the amendment.

Page 9 of 18

The following are the requirements in securing Motorized Tricycle Operators Permit or MTOP (franchise). a) Verified petition filed with the Sangguniang Bayan through the Committee on Transportation. b) Valid Land Transportation Office (LTO) registration, original OR/CR incase of new applicant (private to for hire). c) Barangay clearance/Certification similar as stated in Section 46 (b). d) Payment of necessary fees as evidenced by official receipt(s). e) Membership of the operators and drivers in the Social Security System/Philhealth. c) Mayors Permit. 1. The Mayors Business Permit shall be valid for one (1) year, renewable for the same period. d) Each TFH operator and driver must acquire and possess a copy of this code and observe the contents and provisions hereof. ARTICLE II. FRANCHISE AND OTHER FEES Section 49. FEES Fess shall be imposed and collected. 1. Annual Franchise Fee P 40.00 per 2. Filling Fee P 150.00 per unit 3. Service Fee P 30.00 per unit 4. Mayors Permit for MCH service P 50.00 per 5. Matrix Fee P 33.00 per unit 6. Copy of the Comprehensive Traffic Code P 30.00 per 7. Sticker Fee P 30.00 per unit 8. Certification Fee P 30.00 per unit 9. Number Plate P150.00 per unit unit copy unit

5.

Section 50. DESIGNATED FRANCHISE ROUTES. The designated franchise routes of all tricycles for hire within the Municipality of Cabatuan are as follows: 1. Poblacion (Parking Area/Terminal) to Calawagan 2. Poblacion (Parking Area/Terminal) to Tigbauan Road 3. Poblacion (Parking Area/Terminal) to Bulay 4. Poblacion (Parking Area/Terminal) to Tuy-an 5. Poblacion (Parking Area/Terminal) to Baluyan 6. Poblacion (Parking Area/Terminal) to Talanghauan 7. Poblacion (Parking Area/Terminal) to Manguna 8. Poblacion (Parking Area/Terminal) to Tinio-an 9. Poblacion (Parking Area/Terminal) to Ito Norte 10. Poblacion (Parking Area/Terminal) to Tupol Este 11. Poblacion (Parking Area/Terminal) to Jelicuon Montinola 12. Poblacion (Parking Area/Terminal) to Jelicuon Lusaya 13. Poblacion (Parking Area/Terminal) to Janipaan Central 14. Poblacion (Parking Area/Terminal) to Bacan 15. Poblacion (Parking Area/Terminal) to Tupol Oeste 16. Poblacion (Parking Area/Terminal) to Morobuan 17. Poblacion (Parking Area/Terminal) to Ingas 18. Poblacion (Parking Area/Terminal) to Tupol Central 19. Poblacion (Parking Area/Terminal) to Puyas 20. Poblacion (Parking Area/Terminal) to Cadoldolan 21. Pobalcion (Parking Area/Terminal) to Cagban 22. Poblacion (Parking Area/Terminal) to Anuang 23. Poblacion (Parking Area/Terminal) to Maraguit 24. Poblacion (Parking Area/Terminal) to Inaca 25. Poblacion (Parking Area/Terminal) to Acao 26. Poblacion (Parking Area/Terminal) to Inabasan 27. Poblacion (Parking Area/Terminal) to Lag-an 28. Poblacion (Parking Area/Terminal) to Janipaan Oeste 29. Poblacion (within Municipal Streets) Section 51. COLOR CODE the following colors are hereby adopted and prescribed for the following routes: ROUTE NUMBER MCH-001 MCH-002 MCH-003 MCH-005 MCH-006 MCH-007 MCH-008 MCH-004 ASSOCIATION ACTODA Calawagan CABTODA - Bacan MAILLATODA Maraguit TIRTODA Talanghauan MACATODA Manguna SOCAIRTODA Gaub POBLACION SATUODA Salacay CAJATODA Janipaan Oeste COLOR Green Orange Yellow Blue Black Black Red Silver Brown

Section 52. TRICYCLE-FOR-HIRE PARKING ZONIFICATION, SYSTEM AND PROCEDURES

Page 10 of 18

a) All parking, loading and unloading areas by TFHs shall be done in a most orderly manner possible in a Single Lengthwise line parallel to the street, as outward and as far from the center of the road as possible, always six (6) meters from the street corners or as far from the corners as possible and strict observance of the no double parking as it is now prescribed. a) All parking privileges as herein prescribed on TFHs shall be in a First Come First Serve Basis. b) Tricycle-For-Hire (TFH) operators/drivers shall secure from the Local PNP Station a clearance/permit allowing the said TFH to operate at night. Section 53. MISCELLANEOUS PROVISIONS No TFH operator/driver operating within the jurisdiction of the Municipality of Cabatuan shall arbitrarily increased tricycle fare without first filing a petition before the Sangguniang Bayan of the Municipality of Cabatuan which is hereby authorized to render a decision after public hearing. ARTICLE III. MANNER AND TIME OF PAYMENT Section 54. AUTHORITY TO COLLECT. The Municipal Treasurer or his duly authorized representative is authorized to collect payment imposed in Section 49 of this ordinance. a) An annual franchise fee is to be collected once a year on or before the anniversary date of the authority to operate MCH service, unless another schedule is decided upon by the Sangguniang Bayan. b) Filing fee shall be collected upon the application for a franchise to operate based on the number of units. c) Fare adjustment fee for fare increase shall accrue upon approval of fare increase and to be collected together with the annual franchise fee. d) Filing fee for amendment of MTOP shall accrue upon application of any amendment. ARTICLE IV. FARE CAPTODA Regular Fare 6.00 Senior Citizens/Disable 5.00 College/High School 5.00 CABTODA Origin Poblacion - Bacan & vice versa Poblacion - Pamuringao Garrido & vice versa Poblacion - Amurao & vice versa Poblacion - Pamuringao Proper & vice versa Poblacion - Tupol Oeste & vice versa Poblacion - Tupol Central, Lag-an Poblacion - Morobuan, Acao, Inaca Poblacion - Ingas & Inabasan & vice versa Regular Fare Student/Senior Citizens 7.00 5.00 7.00 5.00 7.00 5.00 8.00 6.00 10.00 8.00 per contract per contract per contract SATUODA Origin Regular Fare Student/Senior Citizens 5.50 6.00 6.00 7.00 7.00 Poblacion corner Pamuringao Garrido 7.00 & Salacay & vice versa Poblacion - Salacay via Tigum River & vice versa 9.00 Poblacion Salacay via Amerang and vice versa 9.00 Poblacion - Tupol Central via Tigum River & vv 11.00 Poblacion - Tupol Central (Bga.) via Amerang & vv 11.00 MAILLATODA Origin Poblacion Leong & Vice Versa Poblacion - Bga. Ayong & vice versa Poblacion - Ayong Proper & vice versa Poblacion - Maraguit & vice versa Poblacion - Bga. Anuang & vice versa Poblacion - Boundary of Anuang & Inaladan (Grotto) & vice versa Poblacion - Puyas & vice versa Poblacion - Cagban & vice versa Poblacion - Inaladan Proper & vice versa Poblacion - Lutac & vice versa Poblacion - Cadoldolan & vice versa Regular Fare 7.00 7.00 8.00 8.00 9.00 10.00 12.00 15.00 per contract per contract per contract ACTODA Origin
Page 11 of 18

Elem/Prep. 4.00

Student/Senior Citizens 6.00 6.00 7.00 7.00 8.00 9.00 10.00 13.00

Regular Fare

Student/Senior Citizens

Poblacion Poblacion Poblacion Poblacion Poblacion Poblacion Poblacion Poblacion Poblacion Poblacion Poblacion Poblacion Poblacion Poblacion

Ayaman & vice versa 7.00 Tacdangan & vice versa 7.00 Baluyan & vice versa 7.00 Tigbauan Rd. (Bga. Tuy-an) & vv 7.50 Tigbauan Road (Bga. Bulay) & vv 8.00 Tigbauan Rd. (Poso boundary) & vv 8.50 Sitio Lanot & vice versa 10.00 Gines Patag and vice versa 10.00 Sulanga & vice versa 12.00 Pagotpot & vice versa 13.00 Gines Interior & vice versa 14.00 Calawagan & vice versa 14.50 Bulay & vice versa per contract Tuy-an & vice versa per contract TIRTODA

5.00 5.00 5.00 6.00 5.00 7.00 7.00 8.00 9.00 9.00 9.00 11.00

Origin Poblacion Poblacion Poblacion Poblacion Poblacion Poblacion Poblacion Poblacion Poblacion Poblacion Poblacion Poblacion Poblacion Poblacion Banguit & vice versa Hospital (Babaw) & vice versa Bga. Bliss & vice versa Tabucan & vice versa Bga. Tiring & vice versa Tiring & vice versa Pungtod & vice versa Bliss Proper/Hacienda & vice versa Talanghauan & vice versa Talanghauan (Subdivision) Tiring (Suba) & vice versa Talanghauan (Suba) Tiring (landing site) Guibuangan Tigbauan

Regular Fare 7.00 7.00 7.00 7.00 7.00 7.00 8.00 8.00 8.00 8.00 10.00 12.00 12.00 12.00

Student/ Senior Citizens 5.00 5.00 5.00 5.00 5.00 5.00 5.00 5.00 6.00 6.00 6.00 8.00 8.00 8.00

SOCAAIRTODA/MACATODA Origin Poblacion Bga. Tabucan & vice versa Poblacion Bga. Pamul-ogan & vice versa Poblacion Pamul-ogan & vice versa Poblacion Gaub & vice versa Poblacion Duyan-duyan & vice versa Poblacion Manguna & vice versa Poblacion Tinio-an & vice versa Poblacion- Ito Sur & vice versa Poblacion - Sitio Olot & vice versa Bangga Tabucan to: Bga. Pamul-ogan & vice versa Gaub & vice versa Duyan-duyan & vice versa Manguna & vice versa Ito Sur & vice versa Sitio Olot & vice versa Regular Fare 7.00 8.00 9.00 10.00 11.00 12.00 15.00 17.00 17.00 7.00 8.00 9.00 10.00 15.00 15.00 CALATODA Origin Poblacion Bga. Tabucan & vice versa Poblacion Bga. Pamul-ogan & vice versa Poblacion Gaub & vice versa Poblacion - Duyan-duyan & vice versa Poblacion Calayo & vice versa Poblacion Tupol Este & vice versa Poblacion - Ito Norte & vice versa Bangga Tabucan to: Bga. Pamul-ogan & vice versa Gaub & vice versa Duyan-duyan & vice versa Calayo & vice versa Tupol Este & vice versa Ito Norte & vice versa Regular Fare 7.00 8.00 10.00 11.00 12.00 17.00 17.00 7.00 8.00 9.00 10.00 12.00 12.00 PUCATODA Origin
Page 12 of 18

Student/Senior Citizens 6.00 7.00 7.00 8.00 9.00 10.00 10.00 10.00 10.00 5.00 5.00 6.00 7.00 11.00 11.00

Student/Senior Citizens 6.00 7.00 8.00 9.00 10.00 12.00 12.00 5.00 5.00 6.00 8.00 10.00 10.00

Regular Fare

Student/ Senior Citizens

Poblacion Poblacion Poblacion Poblacion Poblacion Poblacion Poblacion Poblacion

Leong & vice versa Bga. Ayong & vice versa Ayong Proper & vice versa Maraguit & vice versa Anuang & vice versa Puyas & vice versa Cagban & vice versa Cadoldolan & vice versa

7.00 7.00 8.00 8.00 9.00 12.00 15.00 per contract JEMOTODA

6.00 6.00 7.00 7.00 8.00 10.00 13.00

Origin Poblacion Poblacion Poblacion Poblacion Poblacion Poblacion Poblacion Poblacion Anuang & vice versa Inaladan (Grotto) & vice versa - Jelicuon Montinola & vice versa - Jelicuon Lusaya & vice versa - Sitio Baron & vice versa - Janipaan Central & vice versa - Janipaan Este & vice versa - Pacatin & vice versa

Regular Fare 9.00 10.00 12.00 15.00 15.00 20.00 20.00 20.00

Student/ Senior Citizens 8.00 9.00 10.00 12.00 12.00 15.00 15.00 15.00

ARTICLE V. COLORUM TRICYCLES-FOR-HIRE Section 55. SCOPE AND APPLICATION This shall apply to all Colorum Tricycle-for-Hire (CTFH) plying the Municipality of Cabatuan. Section 56. PUNISHABLE OFFENSE Any colorum tricycle-for-hire which is operating in the Municipality of Cabatuan shall be a violation in this Article with corresponding penalty as herein prescribed. (impoundable) Section 57. COMPLETE INVENTORY AND CUSTODIAL PROVISIONS a complete accessories and parts of the impounded motorcycle with side car shall be jointly prepared and signed by the owner or by the driver and by the duly authorized person to conduct the said inventory of the impounded unit and to be attested and signed by the traffic or duty officer. Copies of which shall be furnished the Municipal Treasurers Office, the Police Station and the owner or driver of the impounded unit. Custody of the impounded unit shall be the responsibility of the Local Police Station and its use shall be absolutely prohibited throughout the impounding period. The same impounded motorcycle with side car shall not be returned to the owner/operator unless the provisions of Section 56 of this Article shall have been fully accomplish and the owner/proprietor, not the driver, shall have received the impounded motorcycle with side car in writing a copy of which shall be furnished the Local Police Station as evidence thereof. Section 58. PRIVATE-NOT-FOR-HIRE These word must be printed in bold letters 2 1/2 x 2 in front of the impounded side car as a final pre-requisite for its release if not yet covered by a valid government permit and franchise; the same shall be applicable to every motorcycle with sidecar plying in the street of the municipality but which is not covered by a valid government permit and franchise to operate as tricycle-for-hire. Section 59. AUTHORITY TO ENFORCE This shall authorize deputized Barangay Tanods to help enforce this Ordinance according to the following: The Barangay Tanod shall record the violation in the barangay log book and report the same to the Municipal Police Station about the date, time and place of violation within the tanods territorial jurisdiction and the identifying description of the CTFH such as brand, type, model color, plate/sidecar, etc. Subsequently, the Chief of Police, through the Chain of Command, shall alert and direct all Police Officers of the Municipality to monitor and apprehend the CTFH aforementioned at the earliest opportunity. Fines and fees to be collected herein shall entitle the Barangay Tanod a twenty-five percent (25%) reward hereof and the barangay who made such apprehension shall also be entitled for twenty-five percent (25%) of such fines or fees and to be received by the Barangay Treasurer and witnessed in writing by the Punong Barangay. Section 60. PAYMENT OF PENALTIES All financial transactions hereof shall be undertaken by the Municipal Treasurers Office in accordance with government accounting and auditing rules and regulations. ARTICLE VI. GUIDELINES FOR TRANSFER OF TRICYCLE FRANCHISE Section 61. There shall be an establish guidelines to be adopted regarding the transfer of franchise for tricycle-for-hire issued by the Municipality of Cabatuan, plying within its territorial jurisdiction.
Page 13 of 18

Section 62. Before any transfer shall be made, the transferor is required to surrender the number plate issued in his name by the Municipal Treasurers Office, if any, to the Sangguniang Bayan, Committee on Transportation for the latter to evaluate the qualifications of the would-be transferee. The Committee on Transportation shall cancel the franchise issued in the name of the transferor and shall cause the re-issuance of the same in favor of a qualified transferee after hearing. Section 63. TRANSFER OF FRANCHISE Franchise issued by the Municipality of Cabatuan may be granted for transfer only on the following conditions: a) The transfer of franchise shall be allowed within the Municipality where the franchise has been originally issued. b) Transfer of franchise shall only be allowed after one (1) year of operation. c) Required supporting documents shall accompany the duly accomplished application for transfer, which are as follows: 1. Two (2) copies of Barangay Clearance (current month of application); 2. Xerox copy of Certificate of Registration and Official Receipt of the motorcycle duly authenticated by the SB Office Staff in-Charge of processing the application; 3. Community Tax Certificate for the current year; 4. Xerox copy of the Professional Drivers License; 5. Latest un-expired copy of the original franchise; 6. Copy of the Mayors Permit; 7. Deed of Sale/Proof of Ownership; 8. Inspection slip duly accomplished by designated PNP Officer; 9. Municipal Treasurers Official receipt; 10. Surrender letter from the franchise holder addressed to the Sangguniang Bayan; 11. Favorable endorsement from the Chairman of the Committee on Transportation about the said transfer; 12. Clearance issued by the Sangguniang Bayan. d) The whole unit (motorcycle and a side care) shall go with the franchise to be transferred. e) A franchise fee of One Thousand (P1,000.00) Pesos shall be paid to the Office of the Municipal Treasurer; f) A franchise to be transferred without Mayors Permit for a given calendar Year during the period covered by the franchise issued shall no longer be covered by the franchise issued and deemed canceled. ARTICLE VII. GUIDELINES FOR THE SUSPENSIONS, CANCELLATION AND AWARDING OF TRICYCLE FRANCHISE Section 64. There is herein an established guidelines regarding the suspension, cancellation and awarding of tricycle franchise issued by the Municipality of Cabatuan plying within its territorial jurisdiction. Section 65. a) b) c) d) e) f) g) h) i) j) k) l) m) n) o) Section 66. LIST OF VIOLATIONS No Mayors Permit No Drivers License No Entry (one way street) Overcharging of tricycle fares Refused or selective of passengers Color code violation Overloading No loading and unloading Unreasonable/unauthorized entering of other routes Covering of franchise plate number Non-functioning of lights Illegal parking No muffler Unauthorized devices attached to the tricycle Other similar violations of traffic rules and regulations and ordinances of the Municipality of Cabatuan CONDITIONS IN SUSPENSION, CANCELLATION AND AWARDING OF FRANCHISE Tricycle franchise issued by the Municipality of Cabatuan may be suspended, cancelled and awarded on the following conditions: a. Tricycle Franchise will be cancelled if found having three (3) violations in one (1) year; b. Cancelled Tricycle Franchise Holder cannot reapply for a tricycle franchise within a period of one (1) year from the date of cancellation. c. Cancelled tricycle franchise will be awarded to an applicant preferably to a resident of Municipality of Cabatuan. d. Failure to renew franchise of one (1) month after its expiration will be automatically cancelled.

Page 14 of 18

Section 67. MANDATORY SEMINAR it is hereby required that all persons who own, manage, drive or operate public utility vehicles or delivery trucks found violating ordinances governing traffic rules and regulations within the territorial jurisdiction of the Municipality of Cabatuan to undergo a seminar as maybe prescribed by the concerned agency, before the issuance or renewal of a business permit. Section 68. APPLICABILITY. The provisions of this Article shall apply to all holders of franchise to operate public utility vehicles issued by the Sangguniang Bayan such as tricycle-for-hire, trisikads, jeepneys and delivery trucks operating within the territorial jurisdiction of the Municipality of Cabatuan whose permits emanate from the Mayors Office. Section 69. RESPONSIBILITY OF LOCAL PNP TRAFFIC DIVISION. It shall be the responsibility of the Local PNP Traffic Division to direct and prescribe the seminar to be conducted. After such compliance, the Division shall issue a certificate to violators that have attended and satisfactorily completed the prescribed seminar which shall be furnished to the Municipal Mayor, copy furnished the Office of the Sangguniang Bayan particularly the Committee on Transportation, prior to the issuance or renewal of the business permit. Section 70. FUNDING. The Municipal Government shall appropriate annually the necessary funding requirements for the implementation of the Article which shall emanate from the Peace and Order Fund of the Annual Development Fund. CHAPTER FOUR ADMINISTRATIVE PROVISIONS ARTICLE I MUNICIPAL TRICYCLE FRANCHISING Section 71. POWERS, DUTIES AND FUNCTIONS OF THE COMMITTEE ON TRANSPORTATION. The following are the powers, duties and functions of the Committee on Transportation in so far as tricycle franchising is concern: a) Accept and process application for tricycle franchising; b) Issue or grant the Motorized Tricycle Operators Permit (MTOP) to qualified applicant, subject to the provisions of existing ordinances, rules and regulations on the matter; c) Recommend to the Sanggunian the amount of fares or adjusted fare increase, periodically to be imposed in particular zones or fix routes; d) Recommend to the Sanggunian other reasonable fees and related charges in the regulation of tricycle-for-hire, after conducting a public hearing for that purpose; e) Promulgate rules and regulations for the proper enforcement of this Article which shall continue to be in full force and effect until revoked or modified by the Sangguniang Bayan; f) Perform such other duties and functions as maybe hereafter authorized by the Sanggunian; g) In relation to Chapter Three, Article VII of this Code, the Sangguniang Bayan shall have the power the cancel tricycle franchise upon the recommendation of the Committee on Transportation. The Committee on Transportation has the power to recommend for the suspension of tricycle franchise for a period of seven (7) days but not exceeding thirty (30) days, subject to the approval of the Sangguniang Bayan. ARTICLE II. REGULATIONS ON THE CONSTRUCTION HUMPS OR PLACING PROTUBERANCE ON PUBLIC ROADS Section 72. REGULATORY ACTS No person, natural or judicial shall construct or cause the construction of any kind of humps, or place or any kind or protuberance, on any public road, without first securing a permit therefor from the Mayor thru the Municipal Engineer. Section 73. ADMINISTRATIVE PROVISIONS: a) Any person, natural or judicial, desiring to construct humps or place any kind of protuberance on any public road shall file an application for that purpose with the Office of the Municipal Engineer. b) Upon receipt of the said application, the Municipal Engineer or his duly authorized representative shall coordinate with the officer in charge of the Traffic Management to discuss the merits of the application. Thereafter, their joint or individual recommendation shall be submitted to the Mayor. c) No permit by the Mayor on this matter shall be issued without the written recommendation of both the Municipal Engineer and the Officer-In-Charge of the Traffic Management stating therein the fact that the construction of a hump or other kind of protuberance in a particular public road will not obstruct the smooth flow of traffic or will not pose a hazard to pedestrians. d) The Municipal Engineer shall evaluate all existing humps or protuberance and shall make a proper recommendation for the demolition if found to be violative of the provisions in this Article, otherwise the person who cause the construction thereof must comply with (a), (b) and (c) of this Section. Section 74. RULES AND REGULATIONS a) The Municipal Engineer shall determine the appropriate specification as to the thickness, width and length of the hump or protuberance to be placed or constructed.

Page 15 of 18

b) The Municipal Engineer is hereby authorized to alter. Modify or demolish the existing humps or protuberance on any barangay roads to conform to the necessary specification prescribed by his office. c) The Municipal Engineer and the Office In-Charge of the Traffic Management shall issue the necessary additional rules and regulations or implementing guidelines for the effective enforcement of this Article. ARTICLE III. AUTHORITY OF LOCAL TRAFFIC ENFORCEMENT PERSONNEL Section 75. IMPLEMENTATION OF COMPREHENSIVE TRAFFIC CODE OF 2011. This Code shall be implemented or enforced by the Local PNP Traffic Management Division or any Section thereof designated by the Local PNP. The Local PNP is hereby authorized to issue the necessary implementing rules and regulations for the proper implementation of this Code and shall have the same force and effect until they are modified or rescinded by the Sangguniang Bayan. The Municipal Traffic Enforcers are hereby deputized to issue citation tickets to violators of the provision of this Code regulating traffic in the Municipality of Cabatuan. CHAPTER FIVE MISCELLANEOUS TRAFFIC PROVISIONS ARTICLE I OTHER TRAFFIC RULES Section 76. RIGHT OF WAY FOR EMERGENCY VEHICLES Upon the approach of a police or fire department vehicles, or of an ambulance giving audible signal, the driver of every vehicles shall immediately drive the same to a position as near as possible and parallel to the right-hand edge of the roads, clear of any intersection of roads, and shall stop and remain in such position unless directed by a peace officer, or until such vehicle shall have passed. Section 77. RECKLESS DRIVING No person shall operate a motor vehicle on any highway or street recklessly or without reasonable caution considering the width, traffic, grades, crossing, curvatures, visibility and other conditions of the highway and the conditions of the atmosphere and weather, or as to endanger the property, the safety or rights of any person or so as to cause extensive or unreasonable damage to the highway. Section 78. TAMPERING WITH VEHICLE No unauthorized person shall sound the horn, handle the leavers or set in motion or in any way tamper with or damage or deface any motor vehicle or trisikad. Section 79. HITCHING TO A VEHICLE No person shall be allowed to hand or ride on the outside rear of any vehicle. The prohibition shall also cover person on bicycle, roller skate or other similar device who shall hold fast to or hitch on to any moving vehicle, including drivers who shall knowingly permit any person to hang on, to ride on, the outside or rear end of his vehicle or allow any person on a bicycle, roller skate or other similar device to hold fast or hitch to his vehicle. Section 80. DRIVING OR PARKING ON A SIDEWALK No person shall drive or park a motor vehicle upon or along any sidewalk path or alley not intended for vehicular traffic or parking. Section 81. DRIVING VEHICLE UNDER THE INFLUENCE OF LIQUOR OR PROHIBITED DRUGS No person shall drive a motor vehicle and trisikad for hire while under the influence of liquor or any prohibited drugs defined by special laws. Section 82. OBSTRUCTION OF TRAFFIC No person shall drive his motor vehicle or trisikad in such a manner as to obstruct or impede the passage of any vehicle, nor while discharging or taking in passengers or loading or unloading freight, obstruct the fee passage of other vehicles on the highway, nor load and unload passengers/freight in prohibited zones. For the purposes of this ordinance, loading and unloading areas shall be provided with proper load and unloading sign and parking lines. Loading and unloading in places where there are no designated loading and unloading areas are likewise prohibited in the following: a) within an intersection b) on a crosswalk c) within eight (8) meters of the intersection of such curve lines d) within four (4) meters of a fire hydrant e) within four (4) meters of a driveway entrance to any fire station f) in front of a private driveway g) on the roadway side of any vehicle stopped or parked at the curb edge of a highway or street h) at any place where official signs have been erected prohibiting loading/and/or unloading. Section 83. COVER FOR VEHICLES CARRYING CONSTRUCTION MATERIALS Motor vehicles carrying construction materials and other cargoes such as cement, sand, gravel and such other cargoes which produce dust shall be covered with sufficient covering material. (Mun. Ordinance No. 2001-02).

Page 16 of 18

CHAPTER SIX ARTICLE I. FINAL PROVISIONS Section 84. PENALTY FOR VIOLATION The following penalties shall be imposed for violation of this ordinance: a) For failure to sign drivers license or to carry the same while driving - Two Hundred Pesos (P200.00) fine. b) Driving vehicle with delinquent or invalid drivers license Three Hundred Pesos (P300.00) fine. c) Driving a motor vehicle with a delinquent, suspended, or invalid registration or without the proper licensed plate for the current year Five Hundred Pesos (P500.00) fine d) Driving a motor vehicle without first securing a drivers license Three Hundred Pesos (P300.00) fine e) Driving a motor vehicle while under the influence of liquors or narcotic drug, a fine of Five Hundred Pesos (P500.00) but not more than One Thousand Pesos (P1,000.00) or imprisonment of not more than three (3) months or both at the discretion of the Court. f) The use of any falsified documents for the operation of motor vehicles and trisikad shall be fined Three Hundred Pesos (P300.00). g) For permitting, allowing, consenting to, or tolerating the use of privately owned motor vehicle for hire in violation of Article V Sections 56 and 57 of this Ordinance there shall be imposed upon the owner of the vehicle a fine of Five Hundred Pesos (P500.00) for the first conviction and an increase of One Hundred Pesos (P100.00) fine for each subsequent conviction. h) For violation of any provision of this Ordinance or regulations promulgated pursuant hereto, not herein before specifically punished, a fine of not less than Two Hundred Pesos (P200.00) shall be imposed. i) In the event the offender cannot pay any fine imposed pursuant to the provisions of this Ordinance, he shall be made to undergo subsidiary imprisonment as provided for in the revised Penal Code. j) For franchise holder/owner who allows an unlicensed driver to operate his motor vehicle, or trisikad, a fine of Five Hundred Pesos (P500.00) and for succeeding offenses, an increase of Fifty Pesos (P50.00) fine and suspension of the permit or franchise of the owner or holder for three months in cases of tricycle for hire and trisikad. k) For not wearing protected helmet while driving a motorcycle, a fine of Three Hundred (P300.00) Pesos. l) For conveying passengers out of designated authorized route Five Hundred Pesos (P500.00) m) Failure or refusal to convey a passenger, his orthopedic devices, personal effect and merchandise by reason for his disability, a fine of Five Hundred Pesos (P500.00) n) Failure of a public utility jeepney/MCH to get a permit to transport cargoes or passengers on a route outside of its franchise, will be fined Five Hundred Pesos (P500.00) for the first offense, One Thousand Pesos (P1,000.00) for the second offense, and One Thousand Five Hundred Pesos (P1,500.00) for the third offense and one (1) month suspension of drivers license or at the discretion of the proper authorities. o) Colorum Tricycle-for-Hire driving a colorum Tricycle-for-Hire Five Hundred Pesos (P500.00) fine other than compliance of administrative/custodial provisions. p) Failure to secure and display Table of Fares (Matrix) or No Fare Matrix, a fine of Two Hundred Pesos (P200.00). Section 85. IMPOSITION OF PENALTY any person who commits an offense which is punishable under the provisions of this Article but not punishable under RA 4136 as amended, shall be penalized only under the provisions hereof. If the offense committed is punishable both under the provisions of this Article and that of RA 4136, as amended, it shall be prosecuted only under either but not in both. Section 86. PENALTY FOR OTHER OFFENSES The conviction of any person for any offense under this chapter shall not bar his prosecution for any other offenses which may have been committed by such person concurrently with the commission of the offense for which he was convicted or in doing the act or series of acts which constituted for which he was convicted. Section 87. VOLUNTARY PAYMENT OF ADMINISTRATIVE FINE Any person caught violating any of the provisions of this Code may voluntarily pay at the Treasurers Office the administrative fine as provided for in Section 84 of this Code in settlement of the penalty for the corresponding violation, provided that the conditions hereunder stated are complied with: 1. the offense committed does not involve fraud; 2. the payment of the penalty of fine shall not relieve the offender from the payment of the corresponding tax, fee or charge due from him as provided under the existing tax ordinance/Revenue Code of the municipality; 3. No other third party shall be adversely affected by the voluntary payment of fine. ARTICLE II. SEPARABILITY, APPLICABILITY, REPEALING AND EFFECTIVITY CLAUSES Section 88. SEPARABILITY CLAUSE whenever for any reason, any provisions, section or part of this Code is declared not valid by a court of competent jurisdiction or suspended or revoked by the authorities concerned, such judgment shall not affect or impair the remaining provisions, sections or party which shall continue or be a full force and effect.

Page 17 of 18

Section 89. APPLICABILITY CLAUSE All other related matters not specifically provided in this Code shall be governed by the pertinent provisions of existing applicable laws or ordinances. This Traffic Code shall be applied only to violation of traffic rules and regulations committed while driving on the provincial and municipal roads/streets within the territorial jurisdiction of the Municipality of Cabatuan. For violation of traffic rules and regulations while driving on a national road, the provisions of RA 4136 of DOTC Department Order No. 93-693 being implemented since June 01, 1994 shall be applied, as the case may be. Section 90. REPEALING CLAUSE All existing ordinances, rules and regulations, or portions thereof found inconsistent with the Comprehensive Traffic Code of 2011, amended are hereby repealed or modified accordingly. Section 91. EFFECTIVITY CLAUSE This Code shall be effect immediately. APPROVED: I HEREBY CERTIFY to the correctness of the foregoing municipal ordinance.

(SGD.) ROSALIA C. FERRARIZ Sangguniang Bayan Secretary ATTESTED: (SGD.) LOUVENN C. LEYSO Municipal Vice Mayor/ Presiding Officer APPROVED: (SGD.) ROBERT B. MAROMA Municipal Mayor Date signed:_May 13, 2011___

Page 18 of 18