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Lto MC 2020-2185

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Lto MC 2020-2185

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marlonpena64
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‘OF TRANSPORT. LAND TRANSPORTATION OFFICE East Avenue, Quezon City E-mall Address: Nombox®ito gov pl Website: wer to.gov ch MEMORANDUM CIRCULAR NO. 2020-2185 SUBJECT: GUIDELINES IN THE ENFORCEMENT OF REGULATIONS ISSUED BY THE DEPARTMENT OF TRANSPORTATION RELATIVE TO THE OPERATION OF LAND TRANSPORTATION IN THE GENERAL COMMUNITY QUARANTINE (GCQ) AREAS DATE : 12May 2020 WHEREAS, Articie |, Section 15 of the 1987 Philippine Constitution declared it a policy of the State to protect and promote the right to health of the people; WHEREAS, the President declared a State of Calamity throughout the Philippines due to the Corona Virus Disease 2019 (COVID-19) through Presidential Proclamation No. 929; WHEREAS, Republic Act No. 11469 or the “Bayanihan to Heal as One Act” was enacted, dectaring a national health emergency throughout the Philippines in view of the serious health threats and disruption posed by COVID-19 on the lives and livelihood of the people and the economy; WHEREAS, by virtue of Executive Order No. 112, the President, through the Inter- ‘Agency Task Force (IATF) for the Management of Emerging Infectious Diseases, identified certain areas in the country to be placed under General Community Quarantine (GCQ) where public transportation may be allowed in a limited scale and reduced capacity in accordance with the guidelines of the IATF; WHEREAS, pursuant to the safety measures set forth by the IATF, the Department of Transportation (DOTr) issued the Protocol/Guidelines for Public Transport Operation; WHEREAS, the Land Transportation Office (LTO), by virtue of the DOTR Guidelines, in relation to Section 3, Paragraph 13 of the IATF Omnibus Guidelines on the Implementation of Community Quarantine in the Philippines, is authorized to issue guidelines pertinent to the operation of land transportation; NOW, THEREFORE, this Memorandum Circular is hereby issued for an effective and uniform enforcement of regulations by the LTO Law Enforcement and Traffic Adjudication Services, including deputized enforcers, relative to the operation of land transportation in GCQ areas. ARTICLE | GENERAL PROVISIONS Section 1. OBJECTIVES This Memorandum Circular shall have the following objectives: a. Provide rules for the enforcement of guidelines for the operation of land transportation, as set forth by the DOTr. b. Impose penalties for violations thereof. Section 2, SCOPE OF COVERAGE This Memorandum Circular covers all types of motor vehicles, whether private, for hire, or government, while operating in a public highway in areas under GCQ. ARTICLE I! DEFINITION OF TERMS Section 3. For the purpose of this Memorandum Circular, the following terms shall be defined as: @. Conductor refers to a person who assists the driver of a public utility vehicle to collect fares and/or to ensure the safety of the passengers and/or cargoes while the vehicle is in operation. b. Driver shall mean every and any licensed operator of a motor vehicle. ¢. Face Mask refers to a professional or an improvised cover of the mouth and nose designed to protect the wearer from catching or spreading infection. d. For Hire Motor Vehicle is covered by CPCs, or special permits issued by the LTFRB or Motorized Tricycle Operators Permits (MTOP) issued by LGU. 2. Government Motor Vehicle is a vehicle owned by the government of the Philippines. oF any of its political subdivisions. {. Highway refers to every public thoroughfare, public boulevard, driveway, avenue, park, alley and Callejon, but shall not include roadways upon grounds owned by private persons, colleges, universities, or similar institutions. Land Transportation Operation refers to the movement of people and goods from one location to another by land. hh. Motor Vehicle shall mean any vehicle propelled by any power other than muscular power using the public highway, but except road rollers, trolley cars, streetsweepers, sprinklers, lawn mowers, bulldozer, graders, fork-lifts, amphibian trucks, and cranes if not used on public highways and vehicles run only on rails and tracks, and tractors, trailers, and tractors engines of all kinds used exclusively for agricultural purposes. i, Non-motorized transport (NMT) refers to the movement of people and goods designed to be propelled by human power only such as walking and cycling. j. Operator is a holder or grantee of a valid and subsisting Certificate of Public Convenience (CPC) by the Land Transportation Franchising and Regulatory Board (LTFRB). k. Personal Mobility Device (PMD) is vehicle that is built to transport people only and is propelled by an electric motor attached to it or by human power or both. This includes skateboards, wheelchair, roller skates, tralley and the lke. |. Private Motor Vehicle refer to a motor vehicle that shall not be used for hire under any circumstances. m. Public Utility Vehicle (PUV) refer to a motor vehicle considered as a public transport conveyance or common carrier duly registered with LTO and granted franchise a franchise by the LTFRB. 1. Safety Officer is an employee of the PUV terminal that assesses their employees’ health condition. ARTICLE Ill SAFETY MEASURES: Section 4. SANITARY MEASURES a. Public Utility Vehicles (PUVs) The following sanitary measures shall be strictly complied in all modes of public transportation (PT) stated above: 1. Drivers and conductors shall wear masks and gloves at all times. 2. Commuters are required to wear masks in order to be allowed to board a Puv. 3. When Automatic Fare Collection System (AFCS) is available, PUVs are highly encouraged to use the AFCS. 4. For those without or have a non-operational AFCS, drivers/conductors shall collect the payment at the front seat before allowing the passenger to board the PUV, 5. UV Express. shall follow the point-to-point operation. Fares shall only be collected at their designated terminals. 6. All Public Utility Buses (PUBs) shall be equipped with thermal scanners for the checking of body temperature of all commuters, those with temperatures of 38 degrees centigrade or higher will not be allowed to board the vehicle. 7. Vehicles shall be disinfected every end of their trip, with all surfaces (especially seats, armrests, handles) wiped down with a disinfecting agent. 8. High-touch surfaces of the vehicle such as but not limited to seats, armrests, handles shail be disinfected at least once every three (3) hours if the vehicle is in continuous operation. 9. Operators/Drivers should provide foot-disinfectants for passengers prior to boarding. 10.Driver compartments of UV Express and PUJs should be sealed off fram the passenger area using non-permeable, transparent material. 11. In compliance with the one (1) meter physical distancing imposed by the Department of Health (DOH), PUJ operators may install impermeable barriers between rows of seats that are less than 1 meter apart if they wish to maximize the 50% passenger load. 12.All safety officers must regularly examine the drivers’ and conductors’ fitness to work by checking their temperatures among other measures; 13.Should a driver or conductor show symptoms of COVID-19, he/she shall be prohibited to report to work and must be endorsed to the nearest medical facility by the PUV operator. 14.All PUVs are encouraged to post infomercials and posters reminding commuters af good sanitation practices as shared by DOH or the World Health Organization (WHO). b. Private and Government Vehicles All drivers and passengers of private and government vehicles must wear face masks at all times. c. Terminals All public and private transport terminals shall adopt the following practices in addition to the requirements set forth by the LTFRB: 1. All PUY terminals shall observe appropriate sanitary measures during the period of operations, especially in frequently touched surfaces (such as but not limited to waiting areas, passenger lounges, seats, counters, door knobs and the like). All terminal employees shall wear face masks at all times and be regularly subjected to medical check-up. 2. All PUV terminals shall provide alcohol and hand washing facility (with water supply and soap) at the entrance for free usage of passengers. 3. Passengers are required to wear face masks and shall observe physical distancing while within the terminal premises, failure of which shalll result in their denial to enter the terminal. 4. Passengers shall be required to undergo body temperature checks. In case a passenger registers a body temperature is 38 degrees centigrade or higher, the said passenger shall not be allowed entry and shall be referred to the nearest medical facility. d, Bicycles and Other Personal Mobility Devices (PMDs) To minimize the risk of further spread of COVID-19, the following disinfecting practices when using NMT shall be strictly enforced and regularly monitored with the assistance of LGUs: 1. All renting/parking stations should have a sanitizing station for bicycle units and PMDs, helmets, and other protective gears. 2. Require users to observe personal sanitation before and after a trip by requiring them to follow the "Sanitize as You Go" policy 3. Encourage users to have their own sets of helmets and protective gears to minimize the need of lending protective equipment. 4, Require users to minimize contact with rented units by wearing face masks and gloves. Further, the mandatory regulations set by LGUs for tricycles for-hire in relation to the sanitary measures mentioned above shall also be strictly enforced and monitored . Section 5, PHYSICAL DISTANCING IN TRANSPORT FACILITIES a. Capacity of Public Utility Vehicles Passenger Limits in PUVS Mode Max. Allowable Capacity Additional Restrictions Public Utiity | 50% of vehicle's capacity —_| Passengers seated one seat apart: Buses (PUBS) Lerciuding _driver_-~—_aang NoStanding passengers. conductor) Public Utility | 50% of vehicle's capacity Jeepneys (PUSS) | excluding driver. ~—_and/Passengers seated one seat apart; No standing passengers; conductor) Only 1 passenger on the driver's fow (if no conductor) UV Express Max.2 passengers perrow | | assenger allowed on the ldriver's row Max, 2 passengers per row Taxis and TNVS ‘Only 1 passenger allowed on the Idriver's row Shuttle Service _| 50% of the vehicle's capacity [Only 1 passenger allowed on the (excluding driver and driver's row (if no conductor) conductor) Trieyeles Max. 1 passenger in the No passenger shall be seated right side-car |beside/behind the driver a1. PUB Passenger Limits: Passenger load shall not exceed 50% or half of the vehicle's capacity (excluding driver and conductor); passengers should be acated one seat apart; no standing passengers shall be allowed. a2. PUJ Passenger Limits: Passenger load shall not exceed 50% or half of the vehicle's capacity (excluding driver and conductor): passengers should be seated ‘one seat apart; no standing passengers shall be allowed. The passenger seat beside the driver may be occupied by one (1) passenger when there is no conductor present during the trip a.3. UV Express Passenger Limits: Passenger load shall not exceed two (2) passengers per row, except for the driver's raw for which there should only be one (1) passenger allowed to occupy the passenger seat. Portions with side-facing seats shall have passenger load nol exceeding 50% or half of the capacity of side- facing seats where passengers should be seated one seat apart in accordance with physical distancing guidelines of the DOH. a.4, Taxi and TNVS Passenger Limits: Passenger load shall not exceed two (2) passengers per row, except for the driver's raw for which there should only be one (1) passenger allowed to occupy the passenger seat. The mention physical distancing practices shall be reflected in the respective applications of Transport Network Gompanies (TNCs). a.5, Shuttle Service Passenger Limits: Passenger load shall not exceed 50% or half of the vehicle's capacity (excluding driver and conductor); passengers should be seated one seat apart; the passenger seat beside the driver may be occupied by ‘one (1) passenger when there is no conductor present during the trip. 2.6. Tricycle Passenger Limits: Passenger load shall not exceed one (1) passenger in the side-car. No passenger shall be seated behind the driver. b. Seat Markings All modes of PUVs are required to have markings on seats that are only allowed to be occupied by the passengers in compliance with the physical distancing measures and passenger limits stated above. c. Private and Government Vehicles Passenger Limits in Private and Government Vehicles Mode Max. Allowable Capacity Additional Restrictions ‘Motor Vehicle 50% of vehicle's capacity Passengers seated one seat apart; nly 1 passenger allowed on the river's row Tee: Max. 1 passenger in the No passenger shall be seated right side-car beside/behind the driver Motorcycle Driver INo backride ¢.1, Motor Vehicle Passenger Limit: Only one (1) passenger is allowed to occupy the passenger seat. Passenger load for front-facing seats shall not exceed two (2) passengers per row. Side-facing seats shall have passenger load not exceeding 50% or half of the seating capacity where passengers should be seated in accordance with physical distancing guidelines of the DOH. €.2 Tricycle Passenger Limits: Passenger load shall not exceed one (1) passenger in the side-car. No passenger shall be seated behind the driver. ‘¢.3 Motorcycle Passenger Limit: In compliance with physical distancing requirements,the prohibition of backride passengers for motorcycle riders shall remain for the duration of the GCQ period. d. Non-Motorized Transport and Personal Mobility Devices Physical distancing measures in the utilization of NMTs and PMDs shall be strictly enforced. e. Terminals Physical distancing measures shall be observed at all times within the terminal; all areas for queuing at the terminal shall have marked positions on the floor where passengers should stand in order to maintain proper distancing. Section 6, Contact Tracing a. All provincial, city, and premium point-to -point (P2P) buses shall have a passenger manifests where the conductor can record pertinent information of the commuters who utilized the vehicle for contact tracing purposes. b. To further enhance contact tracing, passengers of PUVs, especially city bus, UJ, and UV Express, are encouraged to take note of the plate number or body 7 number of the PUV/s they rode, date and time they boarded the PUV, and the route they took. ¢. All PUVs shall display this reminder with the plate number/body number of the vehicle and contact number of operators prominently visible to all passengers. d. Drivers, conductors, and all related personnel shall keep a log of their daily travel to and from work. ARTICLE IV ADMINISTRATIVE SANCTIONS, GROUNDS, AND PROCEDURE Section 7. EFFECT OF FAILURE TO OBSERVE SAFETY GUIDELINES AND PROTOCOLS. Failure to observe the safety guidelines and protocols under this Memorandum Circular shall be treated as follows: a. For lias nit St if ion 4 (a_ant = Reckless Driving under Article |, Section e of the Joint Administrative Order (JAO) No. 2014-01, and Breach of Franchise Conditions under Article |, Section j (51) and prea IV, Section = of IAG as 01 (for PUVs, except beycee).. Overioading of Passengers (exceeding the maximum allowable number of passengers), equivalent to Article |, Section j (3) of the JAO 2014-01 ©. For dri lassifi ized Persor idence (APOR) - Driving without a Valid License under Article !, Section A of the JAO 2014-01; 4. For lack of Special Permit to Operate (PUVs)- Colorum Violation under Article IV, Section 1 of the JAO 2014-01. e. Other violations - appropriate provisions under JAO 2014-01. Section 8. PROCEDURE FOR APPREHENSION AND ADJUDICATION OF VIOLATIONS For apprehensions in relation to this Memorandum Circular, the regular procedure in the apprehension and adjudication of cases under the 2019 LTO Citizens Charter shall be followed. Should there be any GCQ violations committed, law enforcement officers must indicate the same as “Comments” in the Temporary Operator's Permit (TOP). ARTICLE V FINAL PROVISIONS Section 9. SEPARABILITY CLAUSE If any part of this Circular is held unconstitutional or invalid, the other provisions not affected thereby shall remain in full force and effect. Section 10. REPEALING CLAUSE All orders, rules, regulations, and issuances, or parts thereof which are inconsistent with this Circular are hereby repealed, amended, or modified accordingly. Section 11, EFFECTIVITY. This Memorandum Circular shall take effect immediately. FOR GUIDANCE AND STRICT COMPLIANCE. EDGAR C. GALVANTE AsSistant Secretary

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