Guidelines Governing the Issuance of Special Permits

March 13, 2015

LTFRB MEMORANDUM CIRCULAR NO. 008-15

SUBJECT : Guidelines Governing the Issuance of Special Permits

WHEREAS, the Board issued Memorandum Circular No. 2003-032 setting guidelines on the issuance of Special Permits which was limited only to some modes of transport services;

WHEREAS, it has been observed that other transport services are likewise being sought for by the riding public for special trips;

WHEREAS, it is necessary to clarify some policies on the issuance of Special Permits to ensure consistent interpretation and application;

WHEREAS, in order to serve the best interest of the riding public, the Board deems it necessary to review and amend its existing policy on the issuance of Special Permits;

NOW THEREFORE, pursuant to Section 5 (k) of Executive Order No. 202 which empowers the Board to formulate, promulgate, administer, implement and enforce rules and regulations on land transportation public utilities, the Board hereby sets the following guidelines that will govern the issuance of Special Permits:

I. Special Permit during Special Occasions or Activities

1. This shall cover all modes of transport services, except Truck-for-Hire Service.

2. In the filing of the Application for Issuance of Special Permit, the applicant shall specify the purpose of the trip such as but not limited to excursions, attendance to seminars, family trip/festivity. The applicant shall likewise specify the origin and destination points of the trip.

3. The Certificate of Public Convenience (CPC) of the unit intended to be used must be valid during the period covering the Special Permit or that an Extension of Validity as been duly filed.

4. The CPC of the unit intended to be used must not be suspended at the time of the filing and during the period covered by the Special Permit.

5. The Application shall be filed at the Central Office if the proposed route of the Special Permit shall enter or traverse Metro Manila. SaETCI

6. The duration of the Special Trip shall have a maximum of three (3) days.

7. The Board may deny the Application if the approval thereof would result in the abandonment of route, or insufficiency of public utility vehicles (PUVs) in the authorized route of the applicant.

8. The Application must be filed at least a day before the intended trip.

9. The following documentary requirements shall be submitted upon filing of the Application:

• Duly accomplished Request Form;

• Franchise Verification;

• Copy of a Valid Government-Issued Identification Card with photograph of Applicant (Driver's License, SSS, PAG-IBIG, BIR, PhilHealth, Postal, Voter's ID, valid Passport);

• Copy of CR/OR of authorized unit/s which must be currently registered;

• Copy of Passenger Accident Insurance Coverage;

• Copy of Notarized Contract or Memorandum of Agreement or Affidavit of Operator stating purpose of special permit.

 Additional Requirements:

• For Cooperatives:

o Copy of the Board Resolution authorizing the application for special permit.

o Copy of the Board Resolution authorizing the representative to file petition, follow-up, receive order, and sign paper on document to the realization of the aforesaid matters.

• For Corporations:

o Copy of Board Resolution authorizing the application for special permit.

o Copy of Board Resolution/Secretary's Certificate of authorized representative/s.

10. The authorized unit/s should be provided with a signboard bearing the description "SPECIAL PERMIT" in bold letters with a size of at least six (6) inches in height and three (3) inches in width.

11. The original copies of the Special Permit and the receipt of payment must always be carried by the driver during the trip.

12. During the trip, the driver is prohibited to pick-up or drop-off paying passengers along the way.

II. Special Permit During Special Holidays

1. This shall only cover Public Utility Bus Service.

2. This type of Special Trip shall only be granted on the holidays specifically provided in the succeeding provisions.

3. The Application must be filled at least two (2) weeks prior to the start of the duration of the Special Permit.

4. If the proposed route will originate or enter Metro Manila, the Application shall be filled at the Central Office and decided by the Board. ECcDAH

5. The CPC of the unit/s intended to be used must be valid during the period covering the Special Permit or that an Extension of Validity has been duly filed.

6. The CPC of the unit/s intended to be used must not be suspended at the time of the filing and during the period covered by the Special Permit.

7. The proposed unit/s should not be more than ten (10) years old.

8. The fare should be the authorized fare on the applied route.

9. The Application should indicate the specific address of the terminals at both ends of the applied route.

10. The duration of the Special Permit shall be the following:

1. Holy Week — from Palm Sunday to the day after Easter Sunday;

2. All Saints Day — from October 30 to November 3;

3. Eidul Fitr and Eidul Adha — from 2 days before to a day after the feasts of celebration;

4. Christmas Season — from December 23 to January 3;

5. National Elections — from 2 days before to 2 days after elections; however, use of PUBs shall be subject to the guidelines that may be promulgated by the Commission on Elections.

11. The Board may deny the Application if the approval thereof would result in the abandonment of route, or the insufficiency of PUVs in the authorized route of the applicant.

12. The following documentary requirements shall be submitted upon filing of the Application.

• Duly accomplished Request Form;

• Franchise Verification;

• Copy of a Valid Government-Issued Identification Card with photograph of Applicant (Driver's License, SSS, PAG-IBIG, BIR, PhilHealth, Postal, Voter's ID, valid Passport);

• Copy of CR/OR of authorized unit/s which must be currently registered;

• Copy of Passenger Accident Insurance Coverage.

 Additional Requirements:

• For Cooperatives:

o Copy of the Board Resolution authorizing the application for special permit.

o Copy of the Board Resolution authorizing the representative to file petition, follow-up, receive order, and sign paper on document to the realization of the aforesaid matters.

• For Corporations:

o Copy of Board Resolution authorizing the application for special permit.

o Copy of Board Resolution/Secretary's Certificate of authorized representative/s.

13. The original copies of the Special Permit and the receipt of payment must always be carried by the driver during the trip.

III. Special Permit during Contingencies

1. The Board may issue Special Permits for any contingency that may happen for the convenience and protection of the public. However, the Board shall solely determine such contingencies.

IV. Emergency Cases and Calamities

1. No Special Permit shall be needed if the PUVs are used during emergency cases (e.g., passenger-patient needs immediate medical assistance) or during calamities (purpose is to evacuate people or to transport goods to and from area of calamities).

V. Penal Provision

Any operator found violating this Circular shall be penalized in accordance with the provisionsItem IV, No. 1 (Modes of Colorum Operation) of Joint Administrative Order No. 2014-001 and other existing issuances.

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

This Memorandum Circular shall take immediately following its publication in at least one 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. AcDHCS

SO ORDERED.

Quezon City, March 13, 2015.

(SGD.) ATTY. WINSTON M. GINEZ, C.P.A.Chairman

(SGD.) ENGR. RONALDO F. CORPUSBoard Member

(SGD.) ATTY. ANTONIO ENRILE-INTON, JR.Board Member

Attested by:

(SGD.) ATTY. ROBERTO P. CABRERA IIIExecutive Director

Published in The Philippine Star on March 14, 2015.