Guidelines for Off-Street Terminal Operations under Department Order No. 2017-011

December 1, 2017

LTFRB MEMORANDUM CIRCULAR NO. 030-17

WHEREAS, the Department of Transportation ("DOTr") issued Department Order No. 011, series of 2017, otherwise known as the Omnibus Guidelines on the Planning and Identification of Public Road Transportation Services and Franchise Issuance or Omnibus Franchising Guidelines ("OFG"), which aims to provide a reliable, safe, adequate, accessible, environment-friendly, dependable, efficient, and comfortable public road transportation throughout the country;

WHEREAS, the Land Transportation Franchising and Regulatory Board ("LTFRB" and/or "Board") a sectoral agency of the DOTr, is tasked to implement the OFG; ATICcS

WHEREAS, under Section 16 of Commonwealth Act No. 146 or The Public Service Law, any public service may be compelled "to furnish safe, adequate, and proper service as regards the manner of furnishing the same as well as the maintenance of the necessary material and equipment" and required "to establish, construct, maintain, and operate any reasonable extension of its existing facilities";

WHEREAS, Section 5 of Executive Order No. 202 mandates the LTFRB "to prescribe and regulate routes of service, economically viable capacities and zones or areas of operation of public land transportation services provided by motorized vehicles in accordance with the public land transportation development plans and programs approved by the Department of Transportation and Communications"; "to formulate, promulgate, administer, implement and enforce rules and regulations on land transportation public utilities, standards of measurements and/or design, and rules and regulations requiring operators of any public land transportation service to equip, install and provide in their utilities and in their stations such devices, equipment facilities and operating procedures and techniques as may promote safety, protection, comfort and convenience to persons and property in their charges as well as the safety of persons and property within their areas of operations"; and "to perform such other functions and duties as may be provided by law, or as may be necessary, or proper or incidental to the purposes and objectives of this Executive Order";

WHEREAS, the following Guidelines for Off-Street Terminal Operations are hereby promulgated:

A "terminal," as defined in the OFG, refers to an "off-street area where passengers board and alight, usually located at the start and at the end of a route";

I. PRINCIPLES

1. Off Street terminals shall be located at both ends of the route being proposed in the Local Public Transport Route Plan of the respective Local Government Units ("LGUs") and shall be provided with loading/unloading bays and vehicle layover areas;

2. Private sector participation in the development of terminals shall be encouraged;

3. Any off-street terminals allowing illegally-operated Public Utility Vehicles ("PUVs") shall be subject to fines and penalties herein stated;

4. All routes classified as provincial operation with routes ending at highly urbanized city or metropolitan area shall be up to the Integrated Terminal Exchange only, if available;

5. No transport terminal for provincial routes shall be located along the main trunk line inside city centers or metropolitan areas;

6. The DOTr, in coordination with the LTFRB, shall accredit operations of major integrated terminals while accreditation of other terminals shall belong to the LTFRB taking into consideration the minimum standards set in this M.C. and other standards previously set by the DOTr; and

7. The LTFRB shall be responsible in the inspection and supervision of terminal operators' compliance with the minimum standards.

II. COVERAGE

This Memorandum Circular shall cover all land transportation terminals classified as follows:

1. Terminals owned and operated by LGUs;

2. Terminals owned and operated by a legitimate PUV operator for exclusive use of its PUVs;

3. Terminals owned and operated by a legitimate PUV operator for its use and use by other legitimate operators;

4. Terminals owned and operated by a private entity for the use of public land transport;

5. Terminals owned and operated in partnership between a government entity and a private entity; and

6. All other similar terminals (e.g., at airports and seaports).

III. STANDARD REQUIREMENTS

The following shall be the minimum requirements in the operation of off-street terminals:

A. Integrated Terminal Exchange — an inter-modal transport terminal which can simultaneously accommodate at least four (4) modes of transportation such as Public Utility Buses ("PUBs"), Mini Buses, Public Utility Jeepneys ("PUJs"), UV Express Services, and Taxis.

1. The terminal area requirement shall be based on the feasibility study as approved by the DOTr;

2. Separate and sufficient parking slots for each mode of transportation; TIADCc

3. Separate departure and arrival bays for each mode of transportation;

4. Wide entrances and exits to ensure easy mobility to and from the terminal;

5. Drop-off and pick-up areas for private vehicles;

6. Concrete flooring of the entire terminal, not only of the loading and unloading area;

7. Roofing that would provide sufficient protection from the heat of the sun and rain;

8. Installed communication facilities such as telephones, fax machines, and internet, among others;

9. Adequate CCTV cameras and/or monitors which must be: a) continuously recording the last seventy-two (72) hours of operation; and b) positioned to capture video of (1) all entry and exit points and (2) loading and unloading areas;

10. Availability of Information and Passenger Assistance Counters and Personnel;

11. Online ticketing and dispatching;

12. Detailed schedule of regular trips for each mode of transportation;

13. Appropriate and adequate signages;

14. Sufficient number of security personnel for bag inspection and manning of the entire terminal, particularly the entry and exit points;

15. Walk-through metal detectors installed in all entry points;

16. Adequate and comfortable benches and/or seats with backrests for waiting passengers;

17. Separate rest rooms for Persons with Disabilities ("PWDs") and male and female passengers which must, at all times, be: a) clean; b) sufficiently lighted; c) ventilated; d) provided with clean water, flush system, toilet seat with cover, lavatory, waste bin, toilet paper, mirror, soap, hand dyer, and functional door lock; e) exclusive space for diaper-changing tables; and f) regularly maintained by janitorial personnel;

18. Priority lane for Senior Citizens, PWDs, and pregnant women;

19. Elevators and/or escalators to facilitate easy access for Senior Citizens, PWDs, pregnant women, and passengers travelling with luggage, infants, or small children;

20. Availability of ramps for PWDs; and

21. Other facilities such as drivers' retiring rooms, canteen, and administrative office.

B. Bus Terminal or Terminal which caters to less than four (4) modes of transportation, one of which must be PUBs

1. The minimum terminal size must be at least 130% of the total space requirement of 50% of the franchised units that will use the terminal;

2. Separate departure and arrival bays for each mode of transportation;

3. Wide entrances and exits to ensure easy mobility to and from the terminal;

4. Concrete flooring of the entire terminal, not only of the loading and unloading area;

5. Roofing that would provide sufficient protection from the heat of the sun and rain;

6. Installed communication facilities such as telephones, fax machines, and internet, among others;

7. Adequate CCTV cameras and/or monitors which must be: a) continuously recording the last seventy-two (72) hours of operation; and b) positioned to capture video of (1) all entry and exit points and (2) loading and unloading areas;

8. Availability of Information and Passenger Assistance Counters and Personnel;

9. Online ticketing and dispatching;

10. Detailed schedule of regular trips for each mode of transportation;

11. Appropriate and adequate signages;

12. Sufficient number of security personnel (with hand-held metal detector at entry points) for bag inspection and manning of the entire terminal, particularly the entry and exit points;

13. Adequate and comfortable benches and/or seats with backrests for waiting passengers; AIDSTE

14. Separate rest rooms for PWDs and male and female passengers which must, at all times, be: a) clean; b) sufficiently lighted; c) ventilated; d) provided with clean water, flush system, toilet seat with cover, lavatory, waste bin, toilet paper, mirror, soap, hand dyer, and functional door lock; e) exclusive space for diaper-changing tables; and f) regularly maintained by janitorial personnel;

15. Priority lane for PWDs and pregnant women; and

16. Availability of ramps for PWDs.

C. Jeepney and UV Express Service Terminals or other kinds of PUV Terminals not failing under the first two (2) classifications

1. The minimum terminal size must be at least 130% of the total space requirement of 50% of the franchised units that will use the terminal;

2. Separate entrance and exit to ensure easy mobility;

3. Concrete flooring of the entire terminal, not only of the loading and unloading area;

4. Roofing that would provide sufficient protection from the heat of the sun and rain;

5. Adequate CCTV cameras and/or monitors which must be: a) continuously recording the last seventy-two (72) hours of operation; and b) positioned to capture video of (1) all entry and exit points and (2) loading and unloading areas;

6. Availability of Information and Passenger Assistance Counters and Personnel;

7. Detailed schedule of regular trips;

8. Appropriate and adequate signages;

9. Sufficient number of security personnel (with hand-held metal detector at entry points) for bag inspection and manning of the entire terminal, particularly the entry and exit points;

10. Adequate and comfortable benches and/or seats with backrests for waiting passengers;

11. Separate rest rooms for PWDs and male and female passengers which must, at all times, be: a) clean; b) sufficiently lighted; c) ventilated; d) provided with clean water, flush system, toilet seat with cover, lavatory, waste bin, toilet paper, mirror, soap, hand dyer, and functional door lock; e) exclusive space for diaper-changing tables; and f) regularly maintained by janitorial personnel;

12. Priority lane for Senior Citizens, PWDs, and pregnant women; and

13. Availability of ramps for PWDs.

IV. LOCATION

The minimum locational standards, as provided in the Housing and Land Use Regulatory Board's (HLURB) Locational Guidelines and Standards for Land Transportation Terminals and Garages pursuant to Board Resolution No. R-408, series of 1988 and Memorandum Circular No. 12, series of 1988, must be complied with, to wit:

1. If the municipality has an approved zoning ordinance, the location of bus stations/terminals, freight/truck terminals should be at the periphery of a Commercial Zone;

 Jeepney/UV Express Terminal — may be located within the commercial zone provided that it should not be near major intersection, where traffic congestion occurs;

2. If the municipality has no approved zoning ordinance, the location of bus stations/terminals, freight/truck terminals should be outside the center of commercial activities to minimize street congestion;

 Jeepney/UV Express Terminal — may be located within the Central Business District/Commercial Area provided that it should not be near major road intersection, where traffic congestion occurs;

3. Terminals should be more than 100 meters away from institutional establishment particularly schools and hospitals as a safeguard against noise and air pollution; and

4. Terminals must be accessible to commuters, i.e., transfer routes are available or within its service radius. However, direct access to major thoroughfares especially high speed highway and expressways should be discouraged for the safety and smooth traffic flow purposes.

V. HEALTH STANDARDS

The off-street terminals shall comply with the following standards pursuant to Section 54, Chapter IX (Rest Areas, Bus Terminals, Bus Stops, and Service Stations) of Presidential Decree No. 856, otherwise known as the Code on Sanitation of the Philippines, or any subsequent amendments thereto: AaCTcI

1. Rest areas, bus terminals, bus stops and service stations shall be established with ample area to prevent overcrowding of motor vehicles and travelers;

2. They shall be provided with adequate ventilation and lighting and away from sources of nuisance;

3. Safe and adequate water supply shall be provided in accordance with the provisions of Chapter II of this Code;

4. Excreta and sewage collection and disposal shall be provided in accordance with the provisions of Chapter XVII of this Code;

5. Refuse collection and disposal shall be in accordance with the provisions of Chapter XVIII of this Code;

6. Adequate number of comfort rooms shall be provided as well as auxiliary facilities therein in accordance with the provisions on Chapter XVII of this Code;

7. Sale of foodstuffs in those establishments shall be done in conformity with the provisions of Chapter III of this Code.

VI. INSPECTION

The Board or its Regional Directors concerned or authorized personnel shall conduct mandatory inspections of all terminals at least twice a year or as it deems necessary.

VII. OPERATIONS REPORT

Administrators and/or operators of terminals shall make quarterly reports of its operation to the Regional Office concerned. In turn, all Regional Offices shall submit consolidated reports to the Board at least twice a year.

VIII. PENALTY FOR VIOLATION

All operators/administrators/owners of PUV terminals who fail to abide by the standards shall be subjected to the following:

Reprimand with Notice to Comply within sixty (60) days from receipt

Fine of Five Thousand Pesos (Php5,000.00) per violation per day from the date of non-compliance

Further, terminal operators allowing colorum vehicles to use their facilities shall be subjected to the following, after due notice and hearing:

a. PUJ/Filcab — Fifty Thousand Pesos (Php50,000.00) per unit;

b. Taxis — One Hundred Twenty Thousand Pesos (Php120,000.00) per unit;

c. UV Express/Vans — Two Hundred Thousand Pesos (Php200,000.00) per unit; and

d. PUBs — One Million Pesos (Php1,000,000.00) per unit.

IX. REPEALING CLAUSE

All other issuances inconsistent herewith are deemed modified or superseded accordingly.

V. EFFECTIVITY

This Memorandum Circular shall take effect immediately following its publication in at least one (1) newspaper of general circulation. Let three (3) copies hereof be filed with the UP Law Center pursuant to Presidential Memorandum Circular No. 11, dated 09 October 1992.

SO ORDERED.

Quezon City, Philippines, December 1, 2017.

(SGD.) ATTY. MARTIN B. DELGRA IIIChairman

(SGD.) ENGR. RONALDO F. CORPUSBoard Member

(SGD.) ATTY. AILEEN LOURDES A. LIZADABoard Member

Attested by:

(SGD.) ATTY. CARL SHA JEMIMAH F. MARBELLAOIC, Executive Director