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Republic of the Philippines

Province of Occidental Mindoro


Municipality of San Jose

Office of the Sangguniang Panlungsod


Ordinance Approved by the members of the Sangguniang Panlungsod of the Municipality of
San Jose during its Regular Session on July November 6 2015 at the SP Session Hall.

ORDINANCE NO. 2015-072

AN ORDINANCE AMENDING CERTAIN PROVISION OF TRICYCLE ORDINANCE NO. 2015-


056 DATED JULY 9, 2015, PARTICULARLY SECTION 21.
(Sponsor: HON. BAGNOS A. MAXIMO)

BE IT ORDAINED, by the Sangguniang Panlungsod, in session duly assembled that:

Section 1. TITLE-This ordinance shall be known as An ordinance amending


certain provision of Tricycle Ordinance No. 2015-056 dated July 9, 2015, particularly
Section 21.
Section 2. SCOPE AND APPLICATION- This ordinance shall be applied to
motorized tricycles operating within the territorial jurisdiction of the municipality of San
Jose, Occidental Mindoro.
Section 3. DEFINITION OF TERMS- As used in the Ordinance, the following words
and phrases shall mean:

1. Arrogant- shall refer to the behavior or attitude of the driver of a tricycle for hire which is
boisterous and/or by utterance of harsh, offensive, degrading annoying or insulting
remarks. Unduly or excessively proud; overbearing, haughty;

2. BPLO-the Business Permits and Licensing Office of the Municipality of San Jose,
Occidental Mindoro in charge of accepting and processing applications for franchise of
motorized tricycles;

3. Colurom- Tricycles operating without franchise within the territorial jurisdiction of the
Municipality of San Jose, Occidental Mindoro;

4. Discourteous- rude, bold speech or manner intended to overawe, impress of deceive;

5. Franchise- is a privilege, affected with the public interest which is conferred upon private
person or corporations, under such items and conditions as the government and it political
subdivisions may impose in the interest of public welfare, security and safety;
6. Reckless- voluntary doing by motorist of an improper or wrongful act;
7. Tricycle or tricycle-for-hire- a motor vehicle composed of a motorcycle fitted with a
single-wheel sidecar or a motorcycle with the two-wheel cab operated to render transport
services to the general public for a fee;

8. Tricycle Fare- the amount paid by a passenger to a tricycle driver for the consideration of
a conveyance made;

9. TODA- are the duly accredited Tricycle Operators and Drivers Associations by the
Sangguniang Panlungsod;

10. Three Strike Policy- is the taken against the tricycle driver/operator who committed
three (3) traffic offences of the same kind punishable with the cancellation of the MTOP;

11. Motorized Tricycle Operators Permit or MTOP- is a document granting franchise or


license to operate issued to a person, natural or juridical. Allowing him to/it to operate
tricycle-for-hire over zones specified therein.

12. Operator/Owner- shall mean the actual legal owner other than the lien holder of motor
vehicle in whose name such vehicle is duly registered with the Land Transportation Office
(LTO) having property rights and interest to motor vehicle subject to a security interests
with another person, but excludes a lessee under a lease not intended as a security;

13. Driver- shall mean any licensed person/operator of a motor vehicle who drives or id in
actual physical control of vehicle;

14. Zone- a contiguous land area or block, say a subdivision or a barangay where a tricycle-
for-hire may operate without a fixed origin and destination

Section 4. MUNICIPALITY OF SAN JOSE, OCCIDENTAL MINDORO TRICYCLE


FRANCHISING AND REGULATORY BOARD- The Municipality of San Jose, Occidental
Mindoro Tricycle Franchising and Regulatory Board (MSJTFRB) shall be composed of:

Chairman - Chairman, Committee on Transportation and Communication


Members - City Planning and Development Coordinator
- City Legal officer
- City Administrator
- City Licensing Officer
Specifically, the board has the following functions and responsibilities;

1. Recommend to the Sangguniang Panlungsod for adjustment of fares or


rates for the service provided in a zone after public hearing;
2. Recommend to the Sangguniang Panlungsod to regulate zones of service in
with the barangay;
3. Suggest that the fare adjustment must be based on the cost of petroleum
products and spare parts;
4. Recommend the approval of franchise through the Tricycle Regulatory
Unit.
Section 5. TRICYCLE REGULATORY UNIT- The Tricycle Regulatory Unit (TRU) is hereby
created to implement the provisions of this code. The Tricycle Regulatory Unit shall be
under the Business Permits and Licensing Office (BPLO). It shall be manned by the staff of
the Business Permits and Licensing Office under the supervision of the Municipality
Licensing Officer. Specifically, the Tricycle Regulatory Unit has the following functions and
responsibilities:
1. Implement the provision of this Ordinance;
2. Accept and process new applications and renewals of franchise;
3. Suggest that fare adjustments must be based on the cost of petroleum products
and spare parts:
4. Compile and have on hand for ready reference and assistance to applicants all
relevant LTO rules and regulations, as well as pertinent Municipality Laws and
Ordinances;
5. Cross check LTO registration records to establish a record of the make and engine
number the units owned by Municipality of San Jose, resident owner/operator as
well as those owned by non-residents, and maintain a comprehensive records
that are definitive of such reference and verification purpose;
6. Receive and review application forms and prescribed attachments for correctness
completeness and record in a logbook kept for the purpose all accepted
applications, with their respective case number duly indicated;
7. Monitor and maintain the necessary records on the status and disposition of each
and every application for the information of all concerned and submit quarterly
summary report of such to the Board copy furnished the Municipality of San Jose;
8. Accomplish the assessment sheet for the required legal fees stipulated in this
Code;
9. Verifies the veracity and validity of all and any information and data contained in
the application papers submitted;
10. Conduct ocular inspection of all tricycle units for their identifying elements;
11. Implement the green color of sidecars and assign a permanent printed body
number of each tricycle-for-hire and hard-top sidecar;
12. Accomplish the individual evaluation sheet and forward the same with the
corresponding application papers to the Municipality Mayor for appropriate
action;
13. Recommend to the Sangguniang Panlungsod the amount of fares or adjusted fare
increase, periodically to be imposed in particular zone if fixed rate;
14. Recommend the limitation in the number of units of tricycle to be operated in a
particular zone;
15. Recommend the opening or closure of tricycle terminal, zone or route;
16. Have administrative jurisdiction to hear complaints, conduct investigations and
render its findings of decisions on complaints for acts and omissions committed
by tricycle drivers and/or operators punishable under this Ordinance;
17. Recommend the suspension, cancellation or revocation of a franchise;
18. Apprehend tricycles not authorized to operate within the Municipality;
19. Coordinate with the Municipality PNP Chief and other government agencies
relative to the endorsement of the various regulations governing operation of
tricycles in the Municipality; and
20. Perform such other functions as may be authorized by the Sangguniang
Panlungsod.
Section 6. ATTACHMENTS TO FRANCHISE APPLICATIUNS- All new tricycle
operators shall first apply personally for a franchise with the Tricycle Regulatory
Unit before it can operate as a public conveyance. The following shall be attached
to every application of franchise:

6.1 NEW APPLICATION

1. Barangay Certification as to the applicants continuous residence,


containing the applicants full name, exact address, number of months
of the actual residence (if less than (1) year), age and citizenship of
the applicant and the purpose of the certification, issued by the
Punong Barangay of the applicants barangay of the present residence.
If the applicant has less than (1) year residence of the barangay of
his present residence but previously resided in other barangay or
barangays within the Municipality of San Jose, then the applicant
shall secure a certification/s from the Punong Barangay(s) of his
previous residence (s) until the one (1) year minimum requirement is
met;
2. Voters ID of Voters Affidavit that the applicant is a voter of the
Municipality of San Jose,
3. Certified true copy of Certification of Registration from the Land
Transportation Office of the motorcycle in the name of the applicant;
Certified true copy of the Motor Vehicle Official Receipt of the
motorcycle also in the name of the applicant;
4. Certified true copy of the Compulsory Insurance Coverage of the
tricycle for third party and passenger liability;
5. Picture of the tricycle (2 copies of the front and back of the tricycle);
6. Picture of the garage/parking space of the tricycle at the applicants
residence;
7. The applicant shall secure a certification as bona fide member of good
standing from any of the accredited tricycle associations. The
Certification shall be submitted together with the official receipt
which shall be issued by the accredited tricycle association. The fee
collected by the said accredited tricycle associations shall be same and
uniform (TODA) at the rate of TWENTY (20.00) PESOS only;
8. Police clearance of the applicant and his driver and the latters
drivers license;
9. Community Tax Certificate of the operator;
10. Certificate of membership with the Phil health and/or Social
Security System (SSS) for both the operator and driver
6.2 RENEWAL OF FRANCHISE
1. The same requirements for new applicant (Section 6.1);
2. Copy of motorized Tricycle Permit (MTOP; and
3. Application for renewal should be filed within thirty (30) days
before the expiration of the MTOP.

Section 7. NUMBER OF UNITS ALLOWED- As amended, the number of tricycle


units authorized to operate within the Municipality of San Jose, Occidental Mindoro shall be
limited to FIVE THOUSAND (5,000) units which shall include all existing franchise. The
Tricycle Regulatory Unit is hereby authorized to process and evaluate all applications for a
motorized tricycle franchise and recommended the same to the Municipality of San Jose
Tricycle Franchising and Regulatory Board for review and validation before this is
submitted to the Municipality of Council for appropriate action in the form of a resolution
for eventual approval or disapproval of the same by the Local Chief Executive.

Section 8. CHANGE OF DRIVER- The operator shall report the change of driver to
the Tricycle Regulatory Unit. In addition to this, all tricycle operators must register their
drivers including their alternates to the Tricycle Regulatory Unit.

Section 9. After all compliance with the requirements mentioned in section 6 and
after due verification, the application shall be submitted by the Tricycle Regulatory Unit of
the Municipality of San Jose Tricycle Franchising and Regulatory Board (CCFTRB)

Section 10. The Regulatory Unit, upon submission of the application with the
Certification that all requirements have been duly complied with, shall conduct a summary
hearing on the said application to recommend the approval of the application and issuance
of MTOP by the Sangguniang Panlungsod

Section 11. After the conduct of summary hearing and the Municipality of San Jose
Tricycle Franchising and Regulatory Board satisfied that the applicant can perform the
duties and obligations of an operator of a public conveyance, shall case the approval of the
application for the issuance of MTOP

Section 12. FRANCHISING AND REGISTRATION AND MAYORS PERMIT


DURATION- All motorized tricycles operating in the Municipality for utility shall possess a
valid franchise to operate and a Mayors Permit to be secured from the Municipality
Government. The franchise shall be period of three (3) years while the Mayors permit has
to be secured annually by the operator. For Tricycle-for-hire, the owner has to secure a
Registration Permit from the Municipality of San Jose Government annually.

Section 13. FEES- The Municipality Treasurer or his duly authorized


representatives shall collect the following fees in connection with the
application/transactions concerning tricycles:

1. Franchising fee (new) P3,000.00/unit


(renewal) P1,000.00/unit
2. Mayors Permit P100.00/unit
3. Supervision fee P50.00/unit
4. Sticker and painting of permanent Body P175.00/unit
Number
5. Cost I.D (driver) P25.000/unit
6. Transfer fee in case of death or permanent P250.00/unit
Disability of a franchisee
7. 25% surcharge on Mayors Permit and supervision Fees for units registered late
Any registered Tricycle Operator who fails to renew his Mayors permit on or before the
15th of March deadline despite within sixty (60) days fails to renew their Mayors Permit
shall automatically mean cancellation of his franchise.

Section 14. RENEWAL OF FRANCHISE- a Franchise shall be renewable within Ten


(10) days before expiry date. Failure to do so within the said period, the renewal franchise
fee shall be subject to a 10% surcharge every month of delay or fraction thereof, but in no
case to exceed a period of ninety days (3 months).

Section 15. CANCELLATION OF FRANCHISE- Any permit and/or franchise for


tricycle under this Ordinance may be revoked by the Municipality Mayor due to the
following reasons:

1. A Franchise not renewed is deemed automatically cancelled. Thereafter any


application field by the franchise shall be considered a new application if not renewed
within Ninety (90) days upon its expiry date (non-renewal of the franchise after its
expiration.)

2. Sale of the tricycle by the operator to another person. It shall be the duty of the
franchisee to immediately inform the Tricycle Regulatory Unit of the sale. Thereafter,
should the vendee desire to operate the tricycle for public conveyance within the
Municipality of San Jose, the vendee shall then file his own application for a Tricycle
Operators Permit at the Office of the Tricycle Regulatory Unit which application shall be
considered as new application. (The sidecar or motorcycle has been sold to other person)

3. Using of dummy or third person as franchisee is strictly prohibited.


4. Non-compliance and/or non-fulfillment of any of the requirements hereof, and for
lack of the safety devices and comfort of the riding and travelling public.
5. The tricycle is used or being used for an illegal or unlawful act or used in the
commission of a crime with the knowledge of the owner.
6. The sidecar or motorcycle is not roadworthy
7. Operating other tricycle unit not covered by the operators franchise.
8. Failure to pay Supervision fee, Sticker and Mayors Permit, shall likewise be
considered cause for the revocation of the tricycle franchise.
9. The cancellation of franchise shall not affect the civil or criminal liability of the
owner or driver.
10. The tricycle must comply with laws, rules and regulations governing smoke
belching and anti-noise pollution.
11. The operator/driver shall provide a garbage bin inside the sidecar.

Section 16. NON-TRANSFERABILITY- A tricycle franchise is a personal privilege


granted to a bona fide resident of the Municipality of San Jose shall not be transferable. No
tricycle sold, transferred or conveyed shall carry the franchise issued to the vendor/seller.

It shall be the duly of the vendor/seller/transferor to surrender or retire the tricycle


franchise to the tricycle Regulatory Unit upon the sale of the unit.
Section 17. EXEMPTION- Franchise shall not be transferable except to spo0use and
any children of the deceased owner or with permanent disability, who is qualified to
operate a tricycle.

Section 18. TRICYCLE FARE- Under the ordinance the prescribed tricycle fare rate
is indicated.

1. Fare matrix shall be displayed conspicuously inside the sidecar fronting the
passenger, without which the driver cannot demand any fee from the passenger.

2. The minimum basic fare of 12.00 is based on the maximum distance of 3.0
kilometers or less reckoned from the site of the Municipality Hall, while every additional
kilometer or a fraction thereof shall increase by 1.00 accordingly.

NEW FARE MATRIX

Barangay Regular Fare Student/Senior Grade 4-6 HS Pre-School


Citizen/PWD Students grade 1-3
College Student
12.00 10.00 10.00 6.00
13.00 10.00 10.00 6.00
14.00 11.00 11.00 6.00
15.00 12.00 12.00 6.00
13.00 10.00 10.00 6.00
13.00 10.00 10.00 6.00
13.00 10.00 10.00 6.00
17.00 14.00 14.00 6.00
17.00 14.00 14.00 6.00
15.00 12.00 12.00 6.00
13.00 10.00 10.00 6.00
13.00 10.00 10.00 6.00
13.00 10.00 10.00 6.00
19.00 15.00 15.00 6.00
16.00 13.00 13.00 6.00
13.00 10.00 10.00 6.00
14.00 11.00 11.00 6.00
21.00 17.00 17.00 6.00
18.00 14.00 14.00 6.00
19.00 15.00 15.00 6.00
17.00 14.00 14.00 6.00
16.00 13.00 13.00 6.00
15.00 12.00 12.00 6.00
12.00 10.00 10.00 6.00
14.00 11.00 11.00 6.00
16.00 13.00 13.00 6.00
13.00 10.00 10.00 6.00
14.00 11.00 11.00 6.00
15.00 12.00 12.00 6.00
12.00 10.00 10.00 6.00
14.00 11.00 11.00 6.00
17.00 14.00 14.00 6.00
19.00 15.00 15.00 6.00
26.00 21.00 21.00 6.00
17.00 14.00 14.00 6.00
13.00 10.00 10.00 6.00
14.00 11.00 11.00 6.00
17.00 14.00 14.00 6.00
16.00 13.00 13.00 6.00
23.00 18.00 18.00 6.00
18.00 14.00 14.00 6.00
17.00 14.00 14.00 6.00
17.00 14.00 14.00 6.00
13.00 10.00 10.00 6.00
18.00 14.00 14.00 6.00
21.00 17.00 17.00 6.00
18.00 14.00 14.00 6.00
21.00 17.00 17.00 6.00
25.00 8.00 17.00 Free
Bus
38.00 32.00 32.00 Free
38.00 32.00 32.00 Free
Bus
Bus
38.00 32.00 26.00/14.00 Free
Bus
Bus
38.00 32.00 32.00 Free
Bus
Bus
38.00 32.00 32.00 14.00
38.00 32.00 32.00 Free
38.00 32.00 32.00 Free
Bus

Section 19. LOAD LIMIT- No tricycle shall carry and convey more than Four (4)
passengers at any time.

Section 20. NIGHT TIME TRICYCLE SERVICE- TODA members are obliged to
secure night time permit to operate after 8:00 PM from the PNP
quick reaction Unit. They are required to register their passenger wanting to be conveyed
on outside of the poblacion or out of town trips is amicably arranged.

Section 21. DRIVERS DRESS CODE


A. Tricycle drivers are prohibited from wearing shorts, sandos and slippers when
operating their tricycle

B. Tricycle Drivers are required to wear their uniforms (vest) at all times when
operating their tricycles.

Section 22. MANDATORY CONVEYANCE OF PASSENGERS- No tricycle shall refuse


to convey passengers. A tricycle not conveying passenger shall put up a Not for
Hire sign in front of the sidecar so that the riding public may know.

Section 23. THREE (3) STRIKE POLICY- A three (3) strike policy shall be
implemented to those apprehended for the third time on the same offence of which
offense the penalty is the revocation of the MTOP.

Section 24. TODA ACCREDITATION- All existing tricycle operators and drivers
association (TODA) in the Municipality of San Jose shall apply for accreditation with
the Sangguniang Panlungsod for them to be duly recognized by the Municipality
Government for the implementation of rules and regulations and the proper
dispensation of any arising problems from their association.

Section 25. PENAL PROVISION- Violation of any of the following shall be penalized
as follows:

A. OPERATORS OFFINSES

Pertaining to finance

First Offense - Two Thousand (P2,000.00) Pesos


for the owner/operator and two
Hundred (P200.00)Pesos for the
driver.
Second Offense - Three Thousand (P3,000.00) Pesos
for the owner/operator and three
Hundred (300.00) Pesos for the
driver.
Third Offense - Five Thousand (P5,000.00) Pesos
for the Owner/operator and five
Hundred (P500.00) Pesos for the
driver.
Impounding Fee of P100.00/day
Pertaining to Tricycle unit
1. Withou8t Headlight/tail light P100.00
2. Without signal light 100.00
3. Defective Muffler/Silencer 100.00
4. Without Interior Light 100.00
5. Obstruction of view of the Sidecar 100.00
6. Dirty/Dilapidated Unit 100.00
7. Unauthorized Body number 100.00
8. Unauthorized Change of Configuration 100.00
9. Change or Replacement of Engine Chassis 100.00
10. Broken Sidecar windshield/No Windshield 100.00
11. Unregistered Motor Vehicle (LTO) 100.00
13. No trash Bin 100.00
14. Fare Matrix Not Displayed

Pertaining to Sticker/I.D/OR.DL

1. Tampering of annual Sticker P1, 000.00


2. No Informative Sticker 100.00
3. No Annual Sticker Attached 100.00

B. DRIVERS OFFENSES
1. Driving without a copy of the Franchise
Operator P500.00
Driver 100.00
600.00
2. No Mayors Permit in Possession (Xerox) 100.00
3. Overloading 200.00
4. Overcharging 500.00
5. Refusal to convey Passenger 500.00
6. Driving under the Influence of Liquor of prohibited Drugs 1, 000.00
7. Driving in short/Sando/Slippers 500.00
8. Reckless/Arrogant/Discourteous Driver
First Offense 500.00
Second Offense 750.00
Third Offense 1, 000.00
9. Driving without License
Operator P500.00
Driver
750.00
P1, 250.00
10. Driving without OR/CR 100.00
11. No drivers I.D card 500.00
12. Unsigned I.D Card 1, 000.00
13. Fake drivers License, MTOP, ID, CR 1, 000.00
14. Use of Others IC card, Drivers License 750.00

Section 26. CHANGE OF MOTOR/ENGINE AND CHASSIS- In case of Change motor/engine


and chassis the applicant shall notify the Tricycle Regulatory Unit.

Section 27. TRICYCLES COMING FROM OTHER MUNICIPALITIES- tricycle coming from
other Municipalities, as amended, they are prohibited to operate and convey passengers
with the city except to passenger from the Municipality where they come from up to the
destination of the passenger or their authorized station.
Additionally, they shall secure a Mayors Permit before they are allowed to enter the
Municipality to convey their passenger to their destination or to pick them up again after
the day.

The Mayors Permit shall be issued upon payment of an annual regulatory fee of Five
Hundred (P 500.00) Pesos subject to the presentation of the latest O/R and C/R of the
motorcycle and Professional Drivers License of its driver.

Section 28. RIGHT OF WOULD-BE-PASSENGER- The right of Would-be-


passenger to demand his accommodation is absolute when the tricycle requested for
accommodation is empty or vacant. However, for would-be-passenger whose destination
is different from that one who is on board ahead of him, the driver may or may not accept
conveyance or accommodation.

Section 29. BODY NUMBER- For identification purposes all tricycle sidecar shall
bear a permanent (painted) body number issued by the Tricycle Regulatory Unit. It must
bear the Municipality Seal and also the name of the Municipality of San Jose, the body
number must be placed in front, at the back, inside the sidecar. The Tricycle Regulatory Unit
shall determine the color of the numbers and such other details necessary.

The number issued to each tricycle-for-hire shall be permanent but shall upon
renewal of the Mayors Permit be provided with stickers.

Section 30. TRICYCLE-NOT-FOR-HIRE- All tricycle-not-for-hire shall not be used to


carry passengers.

And for this purpose, the phrase: NOT-FOR-HIRE shall be painted on the front and
back outside portions of the tricycle sidecar and on the inside front wall of the sidecar
fronting the passenger seat, the cost of which painting shall be shouldered by the tricycle
owner.

Section 31. All motorized tricycles and other similar vehicles for hire or for private
conveyance shall be provided with reflection lights at the front and rear and should be
provided with silencer to avoid unnecessary noise. The sidecar shall also be provided with
lamps, one at the rear and one at the front which shall be lighted after dark. A light should
inside the sidecar.

Section 32. Operation of tricycle-for-hire shall be subject to all existing traffic rules
and regulations and all national laws applicable thereto and the route of operation to be
determined by the Sangguniang Panlungsod.

Section 33. QUALIFICATRION OF TRICYCLE FRANCHISES APPLICANTS.

A. OPERATOR
Only Filipino citizens and partnerships or corporations are qualified to be operators of
tricycles-for-hire.

B. DRIVER
A holder of professional drivers license issued by the Land Transportation Office.

Section 34. TRICYCLE OPERATORS AND DRIVERS ASSOCIATION (TODA)- the


tricycle operators and drivers for each zone or barangay shall recognize an association
(TODA). However, membership in the association shall be at their own choice. All tricycles
operators and drivers shall not be entitled to the rights and privileges accorded to TODA.

The TODA may collect a reasonable amount as membership fee.each zone or


barangay shall have only one (1) ASSOCIATION REGISTRED WITH THE SECURITIES AND
Exchange Commission (SEC) and/or Cooperative Development Authority (CDA) and
accredited by the Sangguniang Panlungsod upon recommendation of the Tricycle
Regulatory Unit.

Section 35. ASSOCIATION PRESIDENT RECOMMENDATION- All applications for


the tricycle franchise shall be recommended to the Sangguniang Panlungsod by the CCTFRB
through the Tricycle Regulatory Unit in writing by their respective Tricycle Association
(TODA) president.

Section 36. DRIVERS ID- All drivers or operators of tricycle-for-hire while


operating within the Municipality are hereby required to display prominently in the sidecar
ID cards which shall contain their personal data.

Section 37. DRIVERS OR OPERATORS DATA- The drivers of operators data shall
consist of the following:

1. his full name and address;


2. His photo
3. Drivers license number
4. The signature of the operator and the Municipality Mayor who will to the
originally of the said I.D

The ID shall be prescribed and provided by Tricycle Regulatory Unit before the
processing and issuance of the required Municipality ID card. The applicant driver or
operator of the tricycle-for-hire shall submit a copy of his recent Police Clearance.

Section 38. The ID card issued under this Code is renewable annually.

Section 39. SUBSIDIARY IMPRISONMENT- in the event that the violator cannot
pay the fine imposed pursuant to the provisions of this code, he shall be made to undergo
subsidiary imprisonment as may be imposed at the discretion of the court.

Section 40. RECKLESS DRIVING- As a result of negligence or recklessness or


unreasonable fast driving, any accident that may occur resulting to an injury to any person
or damage to property, the driver or operator of the vehicle at fault shall upon conviction be
punished under the provisions of the Revised Penal Code.
Section 41.DUTIES OF TRAFFIC LAW ENFORCERS- it shall be the duty of the traffic
Officer to report and submit within Twenty Four (24) hours the list of apprehended traffic
violators issued with the violators citation ticket to the Municipality Treasurer.

Section 42. FAILURE TO PAY FINE- Failure to pay the fine for violation of the
provisions of the Code within Fifteen (15) days from the date of apprehension shall cause
the suspension or revocation of franchise.

MISCELLANEOUS PROVISION

Section 43. AUTHORITY TO PROMULGATE THE GUIDELINES IMPLEMENTING


THIS ORDINANCE- The Municipality Mayor id hereby authorized to promulgate the
guidelines implementing the provisions of this Ordinance.

Section 44. VEHICLE VOLUME REDUCTION PROGRAM- Due to the increase of


franchises, the Tricycle Regulatory Unit in coordination with the Sangguniang Panlungsod
shall thereafter conduct public consultations for the formulation of an Implementing Rules
and Regulations consistent with the policies laid down by the Municipality, such as
Municipality Vehicle Volume Reduction Program.

FINALK PROVISION

Section 45. REPEALING CLAUSE- All Ordinance, rules, orders and regulation par
parts thereof contrary to ore inconsistent with any provisions of this Ordinance are hereby
repealed.

Section 46. SEPARABILITY CLAUSE- If any provisions of this Code or the


application thereon to any persons or circumstances is held invalid, the remainder of the
code, and the application of such provision to other persons or circumstances shall not be
affected thereby.

Section 47. EFFECTIVELY- This amended Tricycle Ordinance shall take effect
fifteen(15) days after its approval, posted in at least three (3) conspicuous places in the
Municipality and its publication in the BAMBOO, the official gazette of the Municipality of
San Jose, Occidental Mindoro.

RESOLVED FINALLY, to furnish copies of this ordi0nance to Ho. Romulo M. Festin,


Municipal Mayor; Supt. Julius Bernados, PNP Chief; Mr. Ricarte Aguilar, Municipal Treasury;
Mrs. Precila Reigo, Municipal Licensing Officer, POSU Chief; and President of TODA
association, all of the Municipality of San Jose, Occidental Mindoro for their information and
guidance.

ENACTED AND APPROVED: November 6, 2017

CERTIFIED CORRECT:
ROLANDO R. FORONDA, SR.
Municipality Secretary to the
Sanggunian
HON. HON.
Municipality Councilor Municipality Councilor

HON. HON.
Municipality Councilor Municipality

HON. HON.
Municipality Councilor Municipality

HON. HON.
Municipality Councilor Municipality

HON. HON.
Municipality Councilor Municipality/LNB President

ATTESTED:

HON.
Municipality Councilor and Presiding Officer pre- Tempore

APPROVED:

HON. ROMULO M. FESTIN


Municipal Mayor

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Date
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