LTO Memorandum Circular No. AHS-2008-997 Apprehension of Overloaded Motor Vehicles Using Portable Weighing Equipment, Penalty for Axle Overloading

July 2, 2008

LTO MEMORANDUM CIRCULAR NO. AHS-2008-997

TO	:	All Regional Directors, Assistant Regional Directors; the Directors, TAS/LES; the Chiefs, TSD/FED; Deputized Law Enforcement Officers and Other Personnel Concerned

SUBJECT	:	Apprehension of Overloaded Motor Vehicles Using Portable Weighing Equipment, Penalty for Axle Overloading and Rationalized Deputation under R.A. No. 8794

The following guidelines on the implementation of R.A. No. 8794 under Memorandum Circular No. BGC-MC-1328-A and the pertinent rules on the apprehension of overloaded motor vehicles using portable weighing equipment are hereby reiterated, for the observance of all concerned:

1. Under the law, it is the LTO that has the authority to deputize qualified law enforcement officers to apprehend violations in connection with overloaded motor vehicles under R.A. No. 8794, using properly calibrated weighing equipment.

2. The law does not specify that such apprehension can only take place at DPWH â€” operated weighbridges. Thus, the use of portable weighing equipment and weighing of motor vehicles to determine compliance with the maximum gross vehicle weight and axle load, in a station strategically, located, other than aforecited weighbridges is not precluded after having considered road safety, traffic density and adequate road space in the implementation. acEHCD

3. Deputation under R.A. No. 8794, just like what is done under other special laws being implemented by the LTO must be rationalized. Thus, only qualified field enforcers who shall man the weighing stations shall be deputized, since the renewal of the deputation which shall be every three months from date of previous issuance must be performance based.

4. The tolerance limit of less than 5% of the registered GVW shall not be applied to the 13,500 kgs axle load limit, in determining whether the penalty must be waived or not. In this regard, it is the adjudicating or hearing officer, not the deputized agent, who shall aver that the concerned motor vehicle is overloaded. Penalty is waived but finding of overloading violation is sustained, which is not tantamount to a case dismissal of the apprehension made. aEIcHA

For guidance and strict compliance.

(SGD.) ALBERTO H. SUANSINGAssistant Secretary